Amicus With Dahlia Lithwick | Law, justice, and the courts Trump Has a New “Big Lie” for the Midterms
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Feb 7, 2026 
Mark Elias, a leading election and voting-rights lawyer who founded Democracy Docket, breaks down recent spikes in election denialism and novel tactics for subversion. He discusses raids and national-security framing, ICE-style intimidation at polls, the Fulton County search as a prototype, and legal strategies states and lawyers are preparing. Short, urgent, and focused on what to watch next.
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Proof-Of-Concept Over Time
- The Trump administration is prototyping tactics to subvert elections, turning isolated incidents into repeatable playbooks.
- These tactics combine legal, logistical, and rhetorical moves to normalize future election interference.
Normalizing Paramilitary Intimidation
- Deploying federal paramilitary forces is less about legality and more about normalizing intimidation.
- Mark Elias warns the administration can use willing federal agencies and political protections to blunt legal constraints.
2020's Escalation Playbook
- Elias traces the 2020 escalation: pre-election attacks on mail ballots, 64 post-election lawsuits, and Texas's extraordinary Supreme Court petition.
- He links that legal-political campaign to January 6th's attempt to block certification.