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And thanks. Thank you. Thank you. Stay safe out there. Wait, you're OK? You're listening to Radiolab Radio from WNYC. I'm Jad Abumrad. This is Radiolab today. OK, I'm holding.

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OK, we're going to start with a timely, thought provoking, interesting conversation that reporter Beth Hobday and I got into a few months ago.

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All right. I was wondering if you could introduce yourself. My name is that are et cetera. And and what a however you'd like to be identified.

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My name is Rosa Brooks. I'm a law professor at Georgetown University. I spent several years working at the Defense Department during the Obama administration and could say more.

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But suffice it to say, Rosa is pretty well-connected in D.C. political circles. And the reason we called her up is because this past summer she found herself at the center of a kind of political choose your own adventure adventure.

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Well, I started thinking about this sometime last autumn. This is two thousand nineteen.

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I was at a dinner and one of those Washington, D.C., inside the Beltway dinners where everybody's wearing nametags and their dinner speakers and, you know, you're eating bad chicken.

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And I was sitting next to a federal appellate court judge and various fancy D.C. lawyers, and we started chatting about Donald Trump, which is what people chat about, of course. And I said, you know, gosh, you know what?

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If Trump loses and he won't step down. Will you commit to making sure that there is a peaceful transfer of power after the election won't leave?

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We want to get rid of the ballots and you'll have a very have a very peaceful there won't be a transfer, frankly. There'll be a continuation.

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And the judge said, oh, that would never happen. The military would never let that happen. And and I sort of thought, wait, wait, what?

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The military would never let that happen. What do you what do you mean by that?

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Rosa knew the military.

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So I mean, I spent I'm married to a retired Army Special Forces officer. I spent several years working at the Pentagon.

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So she was sitting there looking at this guy thinking, what's behind that assumption? When you say the military would never let it happen, what exactly do you mean?

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You know, the military has, you know, a million and a half people. They're stationed all over the world. Who do you think is giving what order that they were?

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You like thinking were you sitting there thinking about the chain of command and mapping it out like, oh, this person would have to talk to this person and then I guess they'd have to know that I'm sitting everybody else is sort of chattering away and I'm kind of sitting there thinking, wait a minute, wait, wait.

[00:06:33]

And, you know, we all change the subject because, you know, this was nearly a year ago and I realized I was sort of sounding like a crazy person.

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This sort of casual dinner chat was long before Trump made the famous statements about how he might not commit to a peaceful transition of power.

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But there was something about that dinner and that guy next to her response, the combination of certainty and vagueness. Just got to thinking, if the president did decide to go way off the grid and do something like not leave, what would happen, like what specifically would happen just sitting alone in my spare time thinking about, OK, so that happens. Well, then will that happen? So then what?

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Well, if you make this choice, what happens if the Choose your own adventure book?

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If you decide to start through the dark jungle path, turn to page thirty seven.

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You know, if you decide to stay in the sunny clearing by a tiger. Precisely.

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So Rozsa starts thinking about all this spinning out on the what ifs. At some point she ends up on the phone with a colleague of hers, Nils Gilman, who works at the Berggruen Institute.

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And so I told Nils Nils this. You know, I've been thinking about ways to really explore these branching pathways. And Nils said that's a great idea.

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Two of them decide maybe we should do a war game, you know, and the military does them all the time on issues like, gee, you know, if we had to fight two conflicts at once, would we be able to or what would happen if Iran did such and such? Would we be able to respond effectively? They thought maybe we should just do that around the possibility of a disrupted election.

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So they made a bunch of calls to a bunch of people who have been in those kind of rooms, people who had experience that was similar.

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You know, so John Podesta, who obviously has worked on multiple Democratic presidential campaigns, and Michael Steele on the GOP side, former chair of the RNC, they got generals, lobbyists, think tankers, people in the media. Sixty seven people and all gather them all together and divided them into teams. We had a Biden campaign team, a Trump campaign team. We had a GOP elected officials team, the Democratic elected officials team, a media team, a team of career public servants.

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And the idea very simply was that they would present all of these teams a scenario and then they'd watch the teams respond.

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Has this I switch to their puzzle, which I actually find to be better?

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Yeah, it's going. And when I hit the mike, it's going off the charts. Amazing.

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We get so into this game that we ended up talking to about 20 of the different players.

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My name is Matthew Sanderson, Republican election attorney Howard Lapinsky. I'm managing director of three group communications and government relations firm. I spent decades in Republican politics and now these meetings all went down last summer, June.

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Twenty twenty pandemic in full swing. So the war games, we were all on the screen together. We're on Zoome.

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We had a live Zoome chat going Nataraj Goyle, former state representative of Kansas.

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It was Hi how are you sort of stuff. Robert Rubin, former assistant attorney general.

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Then there's the gossip and who had a baby anyhow there was some friendly chit chat, some people coming off and on video, including myself, when I had to go take care of my kids or something like that, people started off kind of cheery kind of thinking, oh, this is kind of fun.

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You know, this is a game. It's a game. And then, of course, they got bored because we gave them half an hour of game instruction.

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Three minutes for those. Five minutes for this. It was very complicated. And then going put on a green shoe and then everybody's going to turn around twice. And there was a lot of weight.

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What you know, you definitely needed to stay alert and stay on your toes or else you would have missed something.

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But the essential rule, sort of the gist of it was pretty simple. You know, your job is to pursue what you perceive as your your interests. And we're not going to define them for you. You know, that's that's your job.

[00:10:32]

Each player was supposed to act the way that they thought the people who they were on the team of would act.

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You can't do things like, say, you know, there was just a nuclear attack from China or something. But you can spread rumors. You can make allegations. You can just to make sure things didn't ever get too implausible.

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After every move, Rosa actually had a team of people she called the Whitesell, which were lawyers, experts, people who could look at each move and evaluate whether it was realistic and could happen.

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And to some extent, that's a probabilistic call. We literally had a ten sided die that we rolled. Oh, my God.

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And flashbacks.

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OK, anyhow, after everybody was in the same room and chit chat was over and everybody knew the rules, Rosa and her team would lay out a scenario.

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You know, it's it's 2:00 in the morning on election night or whatever. And here is what we know so far. Go. And then the teams took turns. We gave the Trump team first turn and then the Biden team did a turn. And then we went to the elected officials and so on down the line in each round. Meanwhile, with each move, the media teams are covering what's happening. Fox News says such and such. The New York Times editorial board denounces this.

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Social media rumors spread on Twitter that such and such is happening and. What happened is that in each of the games, things got worse than we expected, faster than we expected, and the mood kind of shifted to a little bit shocked.

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And then all of the games, we kind of called them early. OK, you know, let's just let's stop now and let's talk about what just happened.

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And let's in the end, Rosa and her diverse group of powerful people ran four different games.

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Game one ambiguous result game to clear Biden victory, each one exploring a different outcome. Game three, clear Trump win game for a narrow Biden win.

[00:12:32]

And then she and her team wrote a report detailing campaign team asked the Department of Justice what happened in each of those games. The Biden campaign quickly dispelled this information, but Facebook kept posts about the heart attack.

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These are not predictions at all. The purpose of this was let's do some more rigorous thinking about the what ifs.

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And honestly, when we talk to the people who played in these games, it was immediately clear that this wasn't actually about Trump at all.

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I mean, obviously, the fact that he ignores political norms and does and says whatever he wants kicked the whole thing off. But right away it was clear that what was being revealed here was something about the deep nature of our laws and our institutions and really us.

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So a lot of a lot of these games sort of start in one place and then start to poke at all of the same things. Now, we're not going to play all four scenarios in full, but there were things that popped up in several of the scenarios that are definitely worth highlighting.

[00:13:32]

We're going to focus mostly on the first one game, one ambiguous result. The ambiguous result scenario there, what you had is what many people predict will happen. The first game investigated a scenario in which the outcome of the election remained unclear from election night and throughout gameplay. The election outcome turned on results of three states, North Carolina, Michigan and Florida, three swing states.

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And one thing I think it's important to say before we launch in, everyone we talked to told us that when it comes to the actual election that's about to happen, it's certainly unlikely to be over on election night.

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We're going to need to adjust our expectations about time. People regularly refer to this as Election Day, but you have many, many, many ballots that aren't even counted yet. That's how it opens. And Matthew Sanderson, I think you should start thinking about this as an election quarter. I would anticipate that this process will take about three months to fully play out. Deep breaths, deep breaths. OK, scenario one, ambiguous result. This is a scenario where it is not clear for a while who is one.

[00:14:43]

As we mentioned, the game consists of each of the different teams taking a series of turns turn one November 3rd to November 10th.

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The Trump campaign began the game by calling on Biden to concede based on the election night in-person voting returns. In this scenario, early results of in-person voting skewed toward President Trump and the GOP, which again, many people predict will be the case. And he's like, let's call it where I've won, where we should move on.

[00:15:11]

Now, the Trump campaign also used the bully pulpit of the presidency and its influence with right wing media to lock in the election night returns.

[00:15:20]

So we can imagine nine p.m. election night, an anchor might declare Donald Trump will be president of the United States.

[00:15:28]

Trump officials called into question mail in ballots or the legitimacy of post Election Day vote counts and enlist the support of Republican officials in several states to immediately halt further vote counting. So Trump declares victory, tries to get the vote count stopped. The Biden campaign says, whoa, whoa, whoa. The Biden campaign called for every vote to be counted. What about the millions of mail in ballots?

[00:15:50]

Mail and sources have to be counted by hand.

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And depending on when people mail those in, they come in at different times. Most people don't remember that in 2008, it took Missouri a long time to declare whether John McCain won or Barack Obama won.

[00:16:08]

That's election law professor Edward Foley. He says it took two weeks and those later votes tend to shift blue.

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That's the working assumption of election and polling experts. It's been a trend for the last two decades. The blue shift when last question, why is it that that happens?

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I mean, why wouldn't later voters shift red rather than blue? The reasoning for that is kind of sketchy, there isn't like clear political science around why that happens. One of the reasons is like the main reason you use a provisional ballot is if you change addresses in the last year and a lot more Democrats, I guess, move around our homeowners.

[00:16:48]

Oh, so it's socioeconomic. More Democrats are renters. So they move around, don't have a consistent polling place.

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We do the mailing. Yeah, that's the thinking.

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Oh, that's interesting. I did not know that. OK, so back in the scenario, officially results are ambiguous, but Trump declares victory and Biden, anticipating a blue shift, says keep counting. Eventually, he declares that he will win.

[00:17:09]

GOP elected officials publicly supported Trump's victory and claims of voter fraud. Democratic elected officials were proactive in the states where they held offices to ensure votes would be counted and to build bipartisan coalitions to oversee and protect the county. Attorney General Barr instructed the DOJ to support litigation that would prevent further counting of mail in ballots.

[00:17:35]

OK, so far, if you ask me, no huge surprises yet, but this was actually just the first turn from each team turned two and three.

[00:17:48]

The Trump campaign team attempted to federalize the National Guard to end further vote counting and called on supporters to turn out in large numbers. The Biden campaign established a bipartisan transition team and mobilized supporters to ensure vote counting was completed thoroughly. So at this point in the game plan, both campaigns call for supporters to get out in the streets. Protest, protest, protest. Again, not a huge surprise, but then something very weird goes down. There was a moment where I almost needed to take a break from the game for a minute.

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Because it was so unsettling. This is Alan Davidson, senior adviser at Mozilla in the middle of that chaos. There was a moment of clarity that we could all see a path for how the Trump team could actually sway the election in their favor. He's talking specifically about this move turn three officials from both parties sought to block or overturn results in key states, including seeking to use friendly state legislatures and governors to send Ultranet or additional sets of electors. So this is the first baller move.

[00:18:58]

Robert Rayburn again. I mean, this is where we're in uncharted territory.

[00:19:05]

And Raj Goyle, we do act as if somehow this is incredibly unprecedented, these political these political powerplays happen.

[00:19:17]

OK, so the Boller moving question, trying to get a state to send an alternate set of electors. Initially, it was a little bit hard for us to wrap our brains around. But let me take in stages.

[00:19:28]

The first thing to really stare at is the Electoral College, like the easy to gloss over fact is that we don't vote directly for president. We when a voter in, say, Nevada pulls the lever for Joe Biden, they're really just voting to send a small group of people, Nevada electors, to the Electoral College. And it's those people who vote for Joe Biden.

[00:19:53]

Well, the way that the Electoral College works is that actual human beings vote in the Electoral College. So a human being actually is an elector and votes the vote of that state's electoral vote. But they're human beings and so they have their own mind. So what they can do is they cannot abide by the vote of their state, really, and they can actually then in a sense, become a faithless elector and do what they want, despite the fact that they are bound by the results of that state.

[00:20:33]

Just look at twenty sixteen Trump v. Clinton. You know, what happened is that actually it looks like in Hawaii there was a faithless electorate in two faithless electors in Texas and then four in Washington state.

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These are seven people who just freelanced. Basically, they were just like, I'm going to go my own way.

[00:20:51]

So I'm just looking at it right here. The Hawaii faithless elector voted for Bernie in Texas. They voted for one, voted for Kazik, one voted for Ron Paul. So those would probably be never trumpeter's. Obviously, the Hawaii elector must have been an anti Hillary person and was pro Bernie. And then in Washington State, three of these electors voted for Colin Powell and then a fourth voted for a Native American candidate of faith spotted eagle.

[00:21:20]

It gets a little bit nuanced now in one of the war game scenarios, the idea of trying to influence one of the electors to make them faithless.

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It did come up, but it wasn't allowed. And the Supreme Court has just literally a few months ago ruled that electors can't do that. But then both campaigns tried a different tact to influence the electors.

[00:21:42]

It turns out is way more powerful and very much allowed to see these electors are not actually accountable to the voters. They're technically appointed by each state.

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The only reason we have the system we have now is that back in the day, each state somewhere along the way decided that electors should be connected to the popular vote. But that's a decision each state made and its decision they can unmake at any time. So what happened in game scenario one is this.

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There was chaos, as we mentioned, competing news reports, competing claims of victory. The Trump campaign then used that chaos to go directly to the state legislatures and say, hey, given all this chaos, all this uncertainty, we think that you should distrust the popular vote, that the popular vote failed, that it was just untrustworthy because of this blue shift and that just who knows?

[00:22:45]

And we just can't trust it. Could be fraud could be rigged. It could be now. We just can't trust it.

[00:22:49]

That's Edward Foley again. He was actually on Rose's team of experts that decided what was plausible or possible or not. And he says if the Trump campaign could make the argument that the popular vote can't be trusted, well, then they can urge the state legislatures to throw out the electors and appoint their own. Why is it that state legislatures are allowed to send alternate or additional slate of electors?

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Yes. So it goes back to this old provision in the Constitution, supreme law of the land that has never been changed, says state legislatures can determine the manner of appointing electors. So they get to decide whether we have these popular votes or the legislatures appoint electors directly or some other method. What can happen is the state legislature could. So we can't trust the popular vote anymore because who knows who really won? So we're just going to appoint electors ourselves.

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This was something that the Florida legislature considered back in 2000 decided not to do it once Vice President Gore conceded defeat. But it is a plausible move under Article two of the Constitution.

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Now, in the war game scenario we've been following, as we mentioned, both teams tried to do this, convince state legislatures to totally swap out electors. But when Ed and the rest of roses Whitesell team slapped a probability of success onto these moves and then had the teams roll the dice after those rules, most of these efforts failed.

[00:24:23]

But that's not to say that things got any less weird, because at this point in the game, as the teams are pressuring elected officials and giving competing press conferences, it was clear that Michigan was going to be the deciding state there.

[00:24:38]

A rogue individual destroyed a large number of ballots believed to have supported Biden, leaving Trump a narrow electoral win.

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Now, what was that? Was that part of the scenario that you guys set up, or was that one of the moves that one of the teams made, the Trump team?

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I guess that was actually something that the player teams generated. I believe in the scenario itself. It was a National Guard Guard major decided to destroy a truckload of mail in ballots.

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And the Trump team, if I recall correctly, left it a little bit deliberately ambiguous. Hey, it's a rogue National Guard major. He, you know, acted on his own initiative, wink, wink.

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It's funny. This is one of those moments in the game where I thought that that's not going to happen. What could that happen?

[00:25:23]

Think about the you know, think about the June protests in Washington.

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And, you know, so one of the things that happened in D.C. was that an army helicopter, US Army markings, flew very, very low over a city, streets dispersing crowds. There was later a Pentagon inquiry into who the hell was that?

[00:25:46]

She says in the end, there's no way to know whether this was a coordinated action or just one guy having a bad idea.

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So she says it's very plausible that a single human could have that kind of influence. And because in the scenario this destruction of balance is happening in Michigan, you now had a Democratic governor step in and say, hey, this is not OK.

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The governor of Michigan used this abnormality as justification to send a separate pro Biden set of electors to D.C. So in the end, what you have is the deciding swing state, Michigan offering up two separate results.

[00:26:26]

The Republican state legislature sends a slate of electors, it says Trump wins, the governor of Michigan sends a slate of electors that says Biden wins.

[00:26:36]

That's how you would get these two competing submissions going to Congress. Ed Foley says not only is this allowed under state law, it's actually happened before.

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The scenario I'm imagining looks like exactly what happened back in the disputed election of 1876, where you simultaneously had both teams of electors claiming to be the lawful electors, both meeting on the on the same date. So back then, it was the Hayes electors meeting in one room and the Tilden electors meeting in a different room. The imaginary scenario that we're hypothesizing now is that the Biden electors would meet on December 14th and claim the authority to meet from the secretary of state and they would vote for Biden on the same day the electors would meet, claiming the authority to meet from the state legislature, which is purported to directly appoint them.

[00:27:28]

What the hell happens then? Congress would have to deal with it.

[00:27:32]

The outcome of the scenario hinged on how the elected officials from the two parties addressed the separate slate of electors from Michigan.

[00:27:39]

So this is this process, this refereeing process that Congress now has to do. Is that written down in the Constitution?

[00:27:46]

Yeah. So this is actually just the count of the electors. What does it say?

[00:27:51]

Wherever it's written, the 12th Amendment, which I have in a tab here among thousands of times the 12th Amendment to the Constitution, says that Congress has a joint session.

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So it's both the House of Representatives and the Senate, meaning together it's kind of like a State of the Union address. And the presiding officer is the president of the Senate, which is the vice president of United States. And then there is a statute called the Electoral Count Act. And the statute says you take Congress this joint session. First of all, it says it's January 6th. So we know the date. We know it's 1:00 at 1:00 p.m. So it's quite choreographed.

[00:28:31]

If you read the relevant provisions of the US code, there are some things that are very specific, including the speaker of the House sits right next to the president of the Senate. But the president, the Senate gets to sit in the speaker's chair because it's that detail.

[00:28:48]

But when it comes to the pivotal question, the pivotal question, all we get is a little clause in the Twelfth Amendment that says the president of the Senate opens the submissions that come from the states and then uses the passive voice that says the vote shall be counted and the votes shall then be counted.

[00:29:08]

The president Senate shall, in the presence of the Senate, of the Senate and House of Representatives, open. So the that's modifying the president of the Senate.

[00:29:17]

So the vice president opens the envelopes, opens all the certificates. OK, and. The votes shall then be counted. By who it does not say it doesn't the Constitution doesn't say what the risk there is, what if the US Senate wants to count one submission and the US House of Representatives wants to count the other? That's the real problem. How do you break that tie?

[00:29:48]

GOP officials asserted that as the president of the Senate Vice President, Pence could legally choose to accept or reject electors as he wished.

[00:29:57]

The argument has been made historically that the 12th Amendment gives the vice president that kind of prerogative, even if the vice president is a candidate in the very election that we're talking about. I mean, the Electoral Count Act that was adopted in 1887, I think is correct to say, was drafted on the premise that it should not be the vice president who gets to make a decisive determination of which votes get counted, that this should be a congressional process, but that could be contested potentially in a real antagonistic fight.

[00:30:32]

There's this ambiguity, there's this huge hole where, like something something that I've never thought about, I don't think a lot of people have thought about could actually happen. And what's so crazy about this is like as of press time, I don't know.

[00:30:48]

Today, our managing editor, Soarin, had sent us this magazine article from The Atlantic that says, according to sources in the Republican Party at the state and national levels, the Trump campaign is discussing contingency plans to bypass election results and appoint loyal electors in battleground states where Republicans hold the legislative majority. So they're actually thinking about this.

[00:31:29]

Hi, this is Karen from Ontario. Radiolab is supported in part by the Alfred P. Sloan Foundation and understanding of science and technology in the modern world. More information about Sloan of you.

[00:31:42]

I Away on Big Science Reporting on Radio Lab is supported in part by Science. Sandbox is Science Foundation initiative dedicated to engaging everyone with the process of science.

[00:32:02]

This is Radiolab, I'm Jad Abumrad. OK, where we left off, we were following one of Rosa Brooks war game scenarios that she ran with a bunch of political insiders, high powered people. She ran four different scenarios. We followed scenario one in the game. We end up with a situation where the election comes down to Michigan. Michigan offers up two different sets of electors because of all of these kinds of shenanigans. They send two sets of electors to Congress, one set for Biden, one set for Trump.

[00:32:37]

Congress meets. They cannot resolve the dispute. And we have what they call a constitutional crisis.

[00:32:43]

There was no clear resolution of the conflict in the January 6th joint session of Congress. Neither campaign was willing to accept the result and called on their supporters to turn out in the streets to sway the result. President Trump also invoked the Insurrection Act once the Insurrection Act.

[00:33:01]

So the Insurrection Act allows the active duty US military to be used domestically, you know, to put down an insurrection, maintain order, protect federal property.

[00:33:14]

At this point, in the scenario when President Trump summons the military, he is still the commander in chief. After all. We arrive back at the question that got Rosa started with all of this when she was sitting at that bad chicken dinner.

[00:33:28]

I mean, it's a really tricky issue. And I think if you have the Republicans saying pesticides and Trump wins and the Democrats saying no, the evidence is that Biden won fair and square. What does the military do? Hello. Hello. You're there. Yes.

[00:33:47]

That question led us to call a guy named Larry Wilkerson.

[00:33:49]

How may I address you? I know you're tired. You can call me Professor Col. Larry. He's a retired Army colonel. Thirty one years a soldier in the United States Army, roughly twenty two to two thousand five hours. Chief of staff of the US Department of State.

[00:34:04]

In these days, he teaches at the College of William and Mary. Yeah, OK.

[00:34:08]

So I'm just wondering if I could take you through anyway, we asked them about this moment where, you know, the president, commander in chief, tries to activate the military in the middle of a still uncertain election. How does what happens then?

[00:34:23]

First, let me say that I don't think the military is going to get substantially involved in the election or the aftermath of the election. But let me hastily add, we have put troops or federalized the National Guard and put them in the streets. Many times in the past. I was in Detroit nineteen sixty eight with loaded 50 caliber machine guns on an APC with a National Guard platoon sitting there trying to keep people from shooting American citizens in the streets of Detroit.

[00:34:56]

We have done this before. We killed people in Oklahoma over, as I recall, over two hundred people in the insurrection there.

[00:35:05]

This is nineteen twenty one Tulsa massacre.

[00:35:07]

We almost killed quite a few veterans in the bonus March when MacArthur took the military to Anacostia Flats and was all four machine gunning them.

[00:35:15]

It's nineteen thirty two. So this is not a country that hasn't done this before. Let's get that straight. But we don't want to do it. But we very well could one of the insights we gain from the simulations was there is a fairly logical path to real conflict.

[00:35:37]

And in the scenario we've been following, game one, the military did, in fact, deploy in major cities, ready to step in on protests as needed. And in fact, in many of the scenarios they played, things did end with the military stepping in.

[00:35:50]

In one scenario, according to Rozsa, the Joint Chiefs of Staff. These are the most senior military officials in government.

[00:35:56]

They sort of let it be known unofficially through leaks that they had decided that Biden was the legitimate winner and that they were going to he was the guy who was getting the nuclear codes and so on. And that was the thing that proved decisive.

[00:36:11]

And so in that game, Biden was eventually inaugurated.

[00:36:14]

But in our game, game one, the partisans on both sides were still claiming victory, leading to the problem of two claims to commander in chief power, including access to the nuclear codes at noon on January 20th.

[00:36:29]

And it was left totally unclear what the military would do.

[00:36:34]

The possibility that at noon on the 20th, the Pentagon, the Joint Chiefs of Staff have to hand the nuclear codes to somebody. Robert Rayburn, again, who holds the nuclear codes, they can come in and take them from Trump and hand them to Biden. They can do nothing, which means Trump holds them. But it was sobering as a sort of a non war mongering, peaceful American citizen to realize that it's the Joint Chiefs of Staff of the military who will decide who the president is, what institutions are left to try and carry out a transition of power, power to Pinski.

[00:37:15]

You can see our democracy hanging in the balance here.

[00:37:19]

And that was both amazing and also as a strategist. Oh, well, look, we got to work the military. Those are the refs and you got to work the refs. I think we collectively put a little too much faith in in the law and in institutions as if they exist outside of politics and power, but they don't.

[00:37:49]

In the end, what you're left with is a simple realization, especially when you get into some of the Wangary about a slate of electors in the vote shall be counted, that you realize that democracy is often just a series of habits. Yeah, a lot of these election things are like it's a norm that the popular vote reflects who ends up in the Electoral College, but it's not written down that it's required for legislatures. It's also interesting that, like, the thing that makes the norm and norm is the exercising of power.

[00:38:22]

Like, how else do you get a norm?

[00:38:23]

Well, that's know I mean, yeah, like George Washington set the norm that you are in power for two terms as president. And from then on, nobody ran for a third term. It wasn't written down anywhere. Yeah.

[00:38:37]

And in fact, the people wanted him to stay on the George don't go. But he said, no, I've got to dethrone. And then that decision, which in many ways is the bedrock of our democracy. It wasn't really written down anywhere or enshrined in law, at least not for a long time.

[00:38:52]

It was just a choice that he made. Then the next guy made and then the next guy made.

[00:38:56]

So it was it's magnificent how much I mean, it's a little bit worrying now, but like, it's kind of wild how much we are, like, just dictated by these things that normally happen.

[00:39:10]

But might not. Thank you, Bhathal. This story was reported by Bhathal, topped with help from Tracy Hunt, it was produced by Bethel. We had original music from Jeremy Bloom. And I should also say that since we started this story, Bethel has unfortunately left us here at Radiolab, which is a very sad thing for us. And the lucky people who get to work with her now are over it. Gimblett making a podcast called Resistance. Check it out.

[00:39:40]

We definitely will be. And we wish Beth all the very best of luck. And we miss her already very much. Big thanks to a ton of people who were part of Rose's game. We only used a small fraction of those people in the story, but we are so thankful for all the people who gave us their time. Liz Mayor Norm Eisen, Rich Galen, YIL Eisenstat, Trey Grayson, Eli Pariser, Neil Mini Ruben, Max Brooks, Ed Meyer, Edward Luce, Reverend Leah Daughtry, David Barzini and Carrie Cordero.

[00:40:15]

I'm Jad Abumrad. Deep breaths. Go vote and thanks for listening.

[00:40:23]

Hi, I'm Keith in Montreal. This is like my seventh attempt at all these names. Radiolab was created by Jad Abumrad and is edited by Sean Wheeler, Lulu Miller and lots of Nassr are our co-hosts. Dylan QIf is our director of sound design studio Leuchtenburg Souley. No, Suzy Lichtenberg is our executive producer. Our staff includes Simon Adler, Jeremy Bloom, Backup Bressler, Reiko Kucik, David Gabal, Tracy Hunte, Matt Keatley, Topin Lowe, Annie McEwan, Sarah Carey, Perry and Whack Pat Walters and Molly Webster with help from Cima, OAG, No Semen or Leili, Sarah Sandack and Johnny Mon's.

[00:41:13]

Our Fact Checker is Michelle Harris. Thank you so much for your work, folks.