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Notes -
I'll bite: The 2020 election was 'stolen' in the same way that the 2016 election was 'stolen'; or in other words the election was basically business as usual for United States politics and future elections are going to be equally 'stolen' as long as the current status-quo remains.
Bing Copilot -- Disputed Results:
In both elections, there were allegations that the results were unfair or rigged. Supporters of the losing candidate claimed that the election outcome did not accurately reflect the will of the people.
External Influence: Foreign interference played a role in both elections: In 2016, there was evidence of Russian meddling, including hacking and disinformation campaigns. In 2020, concerns arose about foreign interference, although the focus shifted to other countries as well (not just Russia).
Legal Challenges: After both elections, legal challenges were filed: In 2016, some lawsuits questioned the legitimacy of the Electoral College process and voting restrictions. In 2020, numerous lawsuits were filed by supporters of the losing candidate, alleging widespread voter fraud and irregularities.
Public Perception: A significant portion of the American population believed that the elections were stolen: In 2016, some Democrats questioned the legitimacy due to external factors. In 2020, approximately 40% of Americans believed the election was rigged or stolen, with claims of fraudulent vote counting.
Impact on Trust: Both elections had repercussions on public trust in the democratic process: Claims of election theft can erode confidence in the system. Open dialogue and transparency are crucial to maintaining trust.
In both instances there are strong cases to be made that motivated actors on both a smaller scale and a larger scale tipped the balance in favour of their desired outcome. Whilst the degree of interference and dirty politics was high by United States standards, the practice of dirty politics has been ongoing for decades at this point, so it represents an increase in an already increasing trend. Given the even greater stakes in the upcoming election to many foreign powers, as well as domestic reversals such as Roe V Wade due to the Supreme Court, all interested parties in the election are likely to have even greater motivation to influence the results by whatever means necessary.
Looking more broadly at the future, the current polls seem to indicate a status-quo election for Congress at 204 vs 207, with 24 seats being 'toss ups' at this point: https://www.270towin.com/2024-house-election/
The issue with your question in general is that if you apply a broader definition to the term 'stolen' then it becomes a both sides issues; and if you apply a narrower definition with respect to whether particular constitutional or electoral laws were broken, that argument simply hasn't borne fruit despite numerous challenges. With a broad definition, what kind of argument can be made that doesn't come down to 'their side stole the election more than my side', and with a narrow definition the argument is already settled.
I think it's notable that every Presidential election since at least 2000 has had large amounts of the opposition believing the election was stolen/illegitimate:
2000 - Florida
2004 - Ohio
2008/12 - Birtherism
2016 - Russia
2020 - "Stop the Steal"
However, the key difference in 2020 is just how far the losing candidate went to contest it.
Part of my concern with trying to "steelman" weak-form versions of the stolen election hypothesis is that Donald Trump was unambiguously pushing for the strong-form version. It was his clearly communicated view that the evidence in favour of a stolen election was so strong that the right and just thing to do would for Pence/Congress to just give him the Presidency.
This wasn't the case for any of the other losers (and neither McCain nor Romney (though not Trump!) endorsed birtherism).
If demographics really are destiny, then the one side that actually has the greatest reason to destroy or undermine democracy is the GOP. There are a number of verifiable claims for instance that they deliberated deregistered voters and attempted to minimise voter turnout by making it harder for some demographics that vote Democrat to exercise their rights. If the demographic wave washes away any chance for the GOP as it currently exists to ever wield power again, that will give them all the right motivation and incentive to prevent that from happening. The GOP can reform and form a new coalition to oppose the Democrats, but it might mean free reign in the foreseeable future for the Democrats to unroll their entire wish-list of changes like Healthcare and social spending that the GOP ideologically and institutionally opposes. Once that happens, it would be incredibly difficult for them to reverse as the changes would likely be incredibly popular with the broader American public.
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The winning candidate in 2016 alleged mass voting fraud.
https://www.washingtonpost.com/news/the-fix/wp/2017/01/25/donald-trump-claims-none-of-those-3-to-5-million-illegal-votes-were-cast-for-him-zero/
Upon taking office, he did not take action to investigate and rectify the issue.
In 2016, many Democrats claimed the outcome did not reflect the will of the people because in pure terms it did not: Trump lost the popular vote. So the system was “rigged” in the sense of the electoral college helping Trump. But them’s the rules.
I do not recall a bunch of Democrats claiming widespread fraud, and claims of Russians perhaps actually hacking the vote tally were not widely endorsed or sustained.
There’s a giant Trump-sized asymmetry between the two sides.
It seems incredibly incompetent for Trump to allege voter fraud and then do seemingly nothing to counter it in the four years he held office. What can you really say? It was there, he saw it, and he was too useless to do anything about it? If it was a true claim, then the most motivated person in the world to deal with it would be Trump himself or his closest advisors.
At least with the border he tried.
But yeah either massive incompetency or simple outright dishonesty.
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I agree with your framing, the level of disagreement depends almost entirely on people consider 'stolen'. The OP was made in response to incessant accusations that I have been weakmanning the issue, which is why I left an open invitation for my accusers to bring forth whatever they believe are the strongest claims I have been ignoring/dismissing.
Congratulations, you have won the debate without even having to debate. Now that your opposition seems to have retreated back to their bailey, so you can go and do your victory lap around it.
Seeing as others have pointed out that you're considered to be in the stronger position, as a defense lawyer and podcaster -- could you defend the election stolen viewpoint? That is possibly the only way a debate on this issue is ever going to move forward seeing as so far nobody is game to take up the losing side, but this is the kind of fight you're probably used to undertaking.
What do you believe are my motte and bailey positions on this topic?
It all depends on what viewpoint we're talking about, which is why I keep asking for specifics. I already believe that some fraud happens in every election but not enough to make a difference, so I can defend that viewpoint against whoever out there happens to believe that electoral fraud does not exist. The overall problem with this topic is the inverse correlation between how defensible vs how consequential an allegation is, which is why there's a see-saw oscillation between "millions of fake ballots were cast for Biden" and "one guy in Nevada filled out his dead wife's ballot".
The election fraud issue is vapid because taking a deep dive into what amounts to propaganda is an exercise in frustration. The claims serve the purpose of riling up his base support, and to shore up his power; given the vast number of them they act as a shotgun approach for his supporters to find one particular claim compelling.
Your motte: All claims are at best specious and at worst groundless. Your bailey: Insufficient evidence exists that has survived testing by the court system and all attempts have failed, there is simply insufficient evidence to make the claim that the election was stolen -- I'm not so sure on your fall back position to be honest as the motte here is so strong that it would be hard to imagine ever having to fall back to the bailey.
I thought about this issue while I was at the gym, and the most plausible take that fits the evidence or lack-thereof would be internal government agencies such as the CIA. I'm looking at this issue through the lens of The Dictator's Handbook, which you can get 90% understanding through watching this video: https://youtube.com/watch?v=rStL7niR7gs&ab_channel=CGPGrey
If the Democratic party had a concrete means to steal elections, or an 'auto win' button, then I cannot see them not pressing it every single time as they have already worked themselves up into a rhetorical fervor that their opposition is evil and cannot be allowed control of the government. On the other hand, the only institution with the knowledge, wherewithal and motivation to steal an election would be the CIA as they already have considerable experience in doing this exact thing in overseas countries, the list of governments overthrown or rumoured to have been overthrown by the CIA is quite frankly staggering. The CIA has literally had one main job over the past 75 years that it has been around, dunk on the Russians, and it would be hard for them to let that go -- especially given the alleged ties between Trump and Russia. The sheer amount of useless chatter can be explained away by one of two possible scenarios: either propaganda, as I suspect, or a successful intelligence operation flooding the information space with useless junk.
Joe Biden has had considerable ties to the CIA through his long career in office, and during this term he has increased the funding and elevated the status of the agency within the United States government by for instance elevating the director of the CIA to his cabinet. See: https://edition.cnn.com/2023/07/21/politics/bill-burns-cia-director-cabinet-level/index.html . Biden would have the necessary ties to coordinate the effort with the CIA and I believe the CIA could have been motivated to help him, especially given accusations publicly for instance that Trump compromised several agents with his intelligence leaks, along with a number of other OPSec issues as well. One the other hand, Biden has given greater 'treasure' and power to the agency over the past few years; whereas the Republican party has developed a spottier relationship with the agency ever since the second gulf war; finally, the 'drain the swamp' rhetoric is a direct challenge to the institutional members of the government.
Unfortunately, there is no real evidence and at best it is 'evidence of absence'. I am picking on the CIA as a potential conspirator simply because they are the only agency that could pull this kind of mission off and then get away clean. They have a potential motive to act due to their seemingly poor relationship with Trump; the means to act because of their close relationship with Biden as well as their institutional know-how in the spheres of dis/misinformation and election tampering, and finally they have recieved rewards from the Biden administration with considerable additional funding going their way. This is heading down the road of 'conspiracy theory', but the agency deemed responsible to prevent foreign interference in the election is likely the best placed agency to tamper with the election themselves. The necessary number of potential guilty parties is quite small and well contained given only a few top level people need to know the full extent of a 'possible conspiracy', and the rest of the agency has little motivation to offer help to Trump who has shown disdain for them and has actively hurt their operations.
I apologize, I misread your prior comment as claiming I was retreating a bailey position.
Your CIA exercise is a good attempt at trying to steelman a strong-version of the stolen election claims. Another possibility I wondered about is some sort of a decentralized conspiracy of sneaking in as many operatives (most likely an election activist) into positions of election authority. After that, I don't know how that would be accomplished or what they'd be able to do without getting caught.
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