345: Election Shenanigans

Jill Wine-Banks and Barb McQuade answer listener questions on everything from whether the Eighth Amendment covers immigration detention to foreign election interference, and more. They explain why the Supreme Court treats the ban on cruel and unusual punishment as applying only after criminal conviction, how international legal conferences and ABA programs let countries compare systems, why a crime victim’s civil suit can start alongside a prosecution but is usually stayed so the criminal case comes first, how a Democratic Congress could use the power of the purse and subpoenas against MAGA officials, the difference between real foreign social-media influence operations and unsupported claims of election hacking, presidential succession, and why a president and Senate cannot demote the Chief Justice.  **Freshen up your fall wardrobe!  Get the ReSIStance T-Shirt, Mini Tote, and other #SistersInLaw gear at** https://merch.ambientinks.com/collections/politicon**politicon.com/merch!**  **Additional #SistersInLaw Projects** #SistersInLaw Main Show Jill’s Politicon YouTube Show: Just The Facts Kim’s Newsletter: The Gavel Joyce’s new book, Giving Up Is Unforgivable, is now available, and for a limited time, you have the exclusive opportunity to order a signed copy here.  Order Barb’s new book, The Fix, or her first book, Attack From Within, now in paperback.  **Add the #Sisters & your other favorite Politicon podcast hosts on** Bluesky Get your #SistersInLaw **MERCH** at politicon.com/merch WEBSITE & TRANSCRIPT Email: [SISTERSINLAW@POLITICON.COM](mailto:SISTERSINLAW@POLITICON.COM) or Thread to @sistersInLaw.podcast **Get** text updates **from #SistersInLaw and Politicon.**  **Mentioned By The #Sisters** Order Barb’s new book, The Fix, and get tickets for her book tour! **Support This Week’s Sponsors:** **Factor:** Head to factormeals.com/sil50off and use code **sil50off** to get 50 percent off and 1 free breakfast item per box for 1 year, while supplies last, until 10/31/2026. **Ridge Wallet:** One thing to pack, five ways to power! Get 10% Off @Ridge with code **SISTERS** at https://www.Ridge.com/SISTERS #Ridgepod **Get More From The #SistersInLaw** Joyce Vance: Bluesky | Twitter | University of Alabama Law | Civil Discourse Substack | MSNBC | Author of “Giving Up Is Unforgiveable” Jill Wine-Banks: Bluesky | Twitter | Facebook | Website | Author of The Watergate Girl: My Fight For Truth & Justice Against A Criminal President | Just The Facts YouTube Kimberly Atkins Stohr: Bluesky | Twitter | Boston Globe | WBUR | The Gavel Newsletter | Justice By Design Podcast Barb McQuade: barbaramcquade.com | Bluesky | Twitter | University of Michigan Law | Just Security | MSNBC | Attack From Within: How Disinformation Is Sabotaging America