Avsnitt
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In this episode of Passing Judgment, we examine the Trump administration's controversial attempt to use the Alien Enemies Act, an 18th-century law, to deport Venezuelan nationals. With guest Greg Storer, Jessica Levinson explores the historical precedent of the statute, the current legal arguments, and the implications for executive power. They also discuss the Supreme Court's role in these matters and other pressing legal issues.
Here are three key takeaways you don't want to miss:
Alien Enemies Act: The discussion centers around the Trump administration's attempt to use the Alien Enemies Act, a law from 1798, to deport individuals from Venezuela. The act has rarely been used and traditionally only in times of declared war. The Trump administration's approach has raised questions about its applicability without an official war declaration.
Legal Proceedings and Executive Orders: There were significant legal maneuvers following Trump's proclamation about deporting Venezuelan nationals. The podcast delves into the temporary restraining order issued by a judge to halt these deportations, the legal arguments around jurisdiction, and differences in verbal and written orders.
Supreme Court Considerations: The conversation segues into what cases might reach the Supreme Court, with a focus on significant issues such as birthright citizenship, the president's authority related to immigration laws, and overarching constitutional questions.
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@LevinsonJessica
@GregStohr
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In this episode of Passing Judgment, guest Amber Phillips returns to analyze President Trump's recent address to Congress and the implications of his administration's actions. Jessica and Amber explore the partisan nature of the speech and the administration's reliance on executive orders, notably within the Department of Governmental Efficiency (DOGE). They discuss the effects on the federal workforce, address questions surrounding the budget process, and examine entitlements.
Here are three key takeaways you don't want to miss:
Trump's Speech and Approach: The episode begins with a discussion about Trump's address to Congress. Both Amber and Jessica noted how the speech resembled more of a campaign rally than a traditional State of the Union address. They observed Trump's lack of engagement with Congress and his focus on executive orders to achieve his goals.
Executive Orders vs. Congressional Legislation: Amber and Jessica explore why the Trump administration is relying heavily on executive orders despite having Republican control in Congress. They discuss the challenges of legislation and the perceived ease of presenting executive orders as actions to the public.
Budget and Economic Implications: The speakers delved into the budgetary impacts of the Trump administration's policies, especially concerning cuts in government spending and workforce. They raised concerns about the broader economic consequences, such as potential unemployment and doubts about genuine savings versus necessary spending.
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@LevinsonJessica
@byamberphillips
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Saknas det avsnitt?
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In this episode of Passing Judgment, host Jessica Levinson is joined by Joey Garrison, USA Today's White House correspondent, to navigate the latest developments of the Trump administration. They discuss key topics such as executive orders, federal workforce cuts, tariffs, and the influence of Elon Musk's Doge efforts. Additionally, they explore the Democrats' strategic responses and the congressional dynamics surrounding President Trump's economic and foreign policies.
Here are three key takeaways you don't want to miss:
White House Changes and Cuts: The discussion begins with Joey Garrison outlining the sweeping changes made by the Trump administration, particularly through executive orders aimed at fulfilling promises to the MAGA base. A significant emphasis was on the creation of Doge, led by Elon Musk, which has been actively involved in restructuring federal departments and proposing workforce reductions.
Impact of Tariffs on the Economy: The tariffs imposed on neighboring Mexico and Canada, as well as increased tariffs on Chinese imports, formed another major topic. The discussion touched on the political and economic ramifications of these tariffs, including rising consumer prices, diminished consumer confidence, and negative polling for President Trump on economic management.
Foreign Policy – Ukraine and Russia: A significant portion of the episode covers the meeting between President Trump and Ukrainian President Zelensky, primarily concerning US-Ukraine relations and mineral agreements. The dispute and its implications for US support to Ukraine were discussed, with Trump administration's stance on withholding aid until diplomatic talks are pursued by Ukraine.
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@LevinsonJessica
@joeygarrison
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In this episode of Passing Judgment, we explore the Supreme Court’s decision to abstain from ruling on a Trump emergency appeal about firing Hampton Dellinger, head of the Office of Special Counsel. Jessica Levinson and Katie Buehler, Law360's Supreme Court reporter, analyze the nuances of presidential power and the debate over the constitutionality of restricting executive authority.
Here are three key takeaways you don't want to miss:
Supreme Court Decision on Trump Emergency Appeal: The episode discusses the Supreme Court's recent decision not to review an emergency appeal concerning the firing of Hampton Dellinger from his position as the head of the Office of Special Counsel. The court allowed the temporary restraining order, which pauses the firing, to run its course and expire.
Legal Arguments and Statute Constitutionality: The legal argument centers on whether President Trump had to provide a reason for Dellinger's firing, as required by federal law. Trump’s administration argues that the statute requiring a reason is unconstitutional and that the president should have the power to fire at will. This theme explores the larger question of presidential authority and statutory constraints.
Significant Supreme Court Cases: Katie Buehler highlights other significant Supreme Court cases beyond the Trump-related decision, including a case involving the Federal Communications Commission's authority and executive power, as well as cases on religious rights such as opting-out of LGBTQ-related education and funding for religious charter schools.
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@LevinsonJessica
@bykatiebuehler
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In this episode of Passing Judgment, we delve into the Trump administration's controversial federal buyout plan aimed at reducing the workforce. Jessica is joined by expert guest Tami Luhby to unpack the deferred resignation offer's complexities, union opposition, and the vagueness surrounding its terms. We explore how these workforce reductions could impact government services and the ongoing legal battles related to this initiative.
Here are three key takeaways you don't want to miss:
Federal Buyout Plan: The Trump administration aimed to downsize the federal workforce, incorporating a controversial program called the deferred resignation offer. Approximately 2 million federal employees were offered this program, where 77,000 accepted the resignation offer. However, there was confusion and reported ineligibility among recipients.
Legal Proceedings: A Boston judge twice paused the program, considering the unions' claims, but ultimately decided they lacked standing, supporting the administration’s effort to proceed with the buyout program.
Impact on Services: The reduction in workforce potentially affects various essential services such as Social Security and Veterans Affairs, leading to concerns about extended wait times and disrupted services for the public.
Follow Our Host:
@LevinsonJessica
@Luhby
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In this episode of Passing Judgment, we explore the uncharted territory of the Department of Government Efficiency (DOGE), led by Elon Musk. Host Jessica Levinson, along with guest Lisa Mascaro, delve into the department's mission to overhaul federal operations and its legal uncertainties. We examine DOGE's drastic measures, including federal employee buyouts and the reduction of USAID, all under the influence of Musk.
Here are three key takeaways you don't want to miss:
Overview of the Department of Government Efficiency (Doge): The episode delves into the establishment of a new entity known as the Department of Government Efficiency, headed by Elon Musk. They explore what this department is meant to accomplish, how it is categorized (as a department or agency), and its power and influence.
Legal and Political Dynamics Surrounding Doge: Lisa Mascaro highlights the legal challenges and political scrutiny faced by Doge. Questions are raised about the authority and legality of actions taken by this department. There is mention of the involvement of Vivek Ramaswamy in the initial establishment, and how this aligns with broader conservative goals of cutting back federal government size and spending.
Congressional and Public Scrutiny: The initiative has sparked debates and raised questions in Congress and among the public. There are historical parallels with past governance styles, but nothing quite matches DOGE's scale and influence fueled by Musk's vast reach and resources.
Follow Our Host:
@LevinsonJessica
@lisamascaro
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In this episode of Passing Judgment, we explore the political landscape of President Trump's new cabinet picks through the expert lens of Michelle Shen from CNN's politics team. Jessica and Michelle dissect the confirmation hearings of controversial figures like Robert F. Kennedy Jr. for Health and Human Services Secretary and Tulsi Gabbard for Director of National Intelligence, along with Elise Stefanik's smoother path as UN Ambassador. The discussion sheds light on the intrigues and political maneuvers surrounding these nominations and their potential impact on Trump's administration over the next four years.
Here are three key takeaways you don't want to miss:
RFK Jr.'s Nomination for Health and Human Services Secretary: The discussion focuses on RFK Jr.'s controversial stance on vaccines and his break from the Kennedy family, who have been stalwarts in the Democratic Party. His views, which have been scientifically disproven, present difficulties in his confirmation process, even among some Republicans.
Media and Reporting Challenges: Michelle Shen shares the challenges faced in reporting on the Trump administration, emphasizing the importance of careful fact-checking and contextualization in her journalism work.
Inauguration Reflections: Shen reflects on the inaugural weekend, highlighting the contrast between Trump supporters and the wealthier individuals who have close access to him. This theme underscores questions of who will have influence in Trump's administration.
Follow Our Host:
@LevinsonJessica
@Michelle_shen10
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In this episode of Passing Judgment, we dive into the rapid-fire executive orders issued during the first week of President Trump’s second administration. Joined by political reporter Megan Lebowitz, Jessica explores key topics such as immigration, energy policies, transgender rights, and foreign policy changes. Megan also discusses her recent article on Trump's comments about Ukraine and his stance on international relations.
Here are three key takeaways you don't want to miss:
Unprecedented Volume of Executive Orders: President Trump has issued dozens of executive orders in his first few days, a stark contrast to his previous term. From birthright citizenship to energy production, the scope is extensive and impactful.
Immigration Policies Under Scrutiny: Key actions include the reinstatement of the remain-in-Mexico policy and the suspension of refugee resettlement. These orders are set to face significant legal pushback.
Shift in Foreign Policy and Public Health: Withdrawal from international organizations like the WHO and the Paris Climate Accord signifies a return to Trump’s "America First" policy. Public health funding and higher education grants are also restructured, particularly impacting DEI initiatives.
Follow Our Host:
@LevinsonJessica
@megan_lebowitz
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In this episode of Passing Judgment, we delve into the Supreme Court's current term with Lindsay Whitehurst from the Associated Press. Jessica Levinson and Lindsay discuss three significant cases: a Tennessee law on transgender minors' access to gender-affirming care (Skirmiti), regulations on ghost guns, and flavored e-cigarettes. They explore the implications of these cases, potential judicial leanings, and the role of presidential administrations in legal arguments.
Here are three key takeaways you don't want to miss:
Transgender Rights in Healthcare: A case involving the access of gender-affirming care for minors, which touches on parental rights and the role of the state in healthcare decisions.
Ghost Guns and Federal Regulations: A significant case about the regulation of untraceable homemade firearms and the broader implications for federal agency powers.
E-Cigarettes Rules Challenge: The court's review of regulations around flavored vapes, further tying into the authority of administrative bodies.
Follow Our Host:
@LevinsonJessica
@lwhitehurst
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In this episode of Passing Judgment, we unravel the current status of the four pending criminal cases against former President Trump. Host Jessica Levinson explains that while Trump was convicted in the New York State hush money case, he received no real sentencing. The Georgia election interference case stalled due to conflict of interest allegations against the district attorney. Jessica provides a detailed overview of each case and what it means now that Trump is set to return to office.
Here are three key takeaways you don't want to miss:
New York State Hush Money Case: Trump was convicted of 34 felony counts related to falsifying business records for hush money payments to Stormy Daniels. However, the sentence resulted in no jail time, fines, or probation due to constitutional concerns about punishing a sitting president.
Georgia Election Interference Case: This case, involving Trump's attempts to overturn the 2020 election results, stalled due to conflict of interest allegations against District Attorney Fani Willis. The delay and constitutional concerns have put the case on indefinite hold.
Federal Cases: Both the DC election interference and Mar-a-Lago classified documents cases stalled due to legal challenges and questions of immunity. Following Trump's recent election victory, Special Counsel Jack Smith resigned, and the cases were effectively closed.
Follow Our Host:
@LevinsonJessica
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In this episode of Passing Judgment, we analyze the high-stakes TikTok ban case as it heads to the Supreme Court on an accelerated timeline. Host Jessica Levinson explains the key arguments: ByteDance claims the ban violates First Amendment rights, while the government cites national security concerns over TikTok's Chinese ownership. With oral arguments set for January 10th, Jessica discusses potential outcomes and actions President Trump might take once in office.
Here are three key takeaways you don't want to miss:
1️⃣ Overview of the Legislation: The law in question mandates that TikTok's parent company, ByteDance, divest its U.S. operations by January 19th, 2024, or face a nationwide ban. The ban would affect app stores and Internet providers, eventually causing TikTok to stop working as updates and downloads would be prohibited.
2️⃣ Lower Court Rulings: The DC Circuit upheld the law as constitutional. A three-judge panel determined that the national security concerns cited by Congress justify the legislation. Judges generally defer to the political branches on national security issues.
3️⃣ Arguments by ByteDance and TikTok: ByteDance argues that the law violates the First Amendment by eliminating a mode of communication without a compelling government interest. They contend that the national security concerns are baseless and accuse the U.S. government of targeting TikTok based on its content, which is potentially a content-based restriction—a key concern in First Amendment law.
Follow Our Host:
@LevinsonJessica
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In this episode of Passing Judgment, we unpack two significant legal developments. First, Jessica covers the Supreme Court's expedited review of the TikTok ban, weighing national security concerns against First Amendment rights. Then, she dives into the controversy surrounding a federal judge who criticized Justice Alito over flags flown at his residences, examining the broader implications for judicial impartiality and trust.
Here are three key takeaways you don't want to miss:
1️⃣ ByteDance's Argument: ByteDance argues that restricting its platform violates users' First Amendment rights and contends that national security concerns are either exaggerated or unfounded.
2️⃣ Potential Actions by President Trump Regarding TikTok case: President Trump could instruct the Attorney General not to enforce the law, attempt to persuade Congress to repeal it despite bipartisan support, argue that the law no longer applies if a qualified divestiture occurs, or advocate for the sale of TikTok to an American company.
3️⃣ Judiciary Impartiality and Trust Issues: Judicial impartiality is crucial for maintaining public trust, and any erosion of respect for the judiciary could potentially lead to a constitutional crisis, as emphasized by quotes from Justice Thurgood Marshall underscoring the importance of civic duty.
Follow Our Host:
@LevinsonJessica
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In this episode of Passing Judgment, Jessica sits down with Sam Levine from The Guardian to unpack the future of voting rights under the Trump administration. They explore the role of the Department of Justice, the impact of stalled federal legislation, and the current state of the Voting Rights Act. Sam also clarifies common misconceptions about election fraud and administration, highlighting what to watch for in the coming years.
Here are three key takeaways you don't want to miss:
1️⃣ Trump Administration and Voting Rights: Sam Levine outlines the anticipated approach of the Trump administration regarding voting rights, including the potential use of the Department of Justice (DOJ) to challenge election outcomes and influence election administration.
2️⃣ Role and Powers of the Department of Justice: The DOJ's role in enforcing federal laws, particularly civil rights and voting rights laws, is explained. Shifts in administration can significantly alter DOJ priorities.
3️⃣ Election Security and Misconceptions: The podcast addresses common misconceptions about voter fraud and the robustness of election systems. Sam Levine stresses the rarity of voter fraud and the extensive safeguards in place.
Follow Our Host and Guest:
@LevinsonJessica
@srl
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In this episode of Passing Judgment, we explore a pivotal Supreme Court case that could redefine federal agency power. Jessica is joined by journalist David Ovalle to unpack the FDA's authority over e-cigarette regulation and the legal battle surrounding its rejection of flavored vape products. Plus, Jessica delves into a critical Supreme Court hearing on transgender healthcare for minors, shedding light on the stakes and potential implications.
Here are three key takeaways you don't want to miss:
1️⃣ FDA Regulation of Vaping Products: There's a high volume of applications for vaping product approvals, but only a few have been approved. The debate surrounds the popular and attractive fruity-flavored vapes, which are targeted for regulation due to concerns about their appeal to young people.
2️⃣ Legal Challenges and Circuit Split: The 5th Circuit Court ruled that the FDA acted arbitrarily and capriciously, a decision that challenges the FDA’s authority and methods. This created a split among appellate courts.
3️⃣ Parent's Rights in Transgender Care Case: A new argument based on the due process clause regarding parents' rights to direct their children's medical care might offer a different legal challenge in the future.
Follow Our Host and Guest:
@LevinsonJessica
@DavidOvalle305
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In this episode of Passing Judgment, we delve into the legal complexities of President-Elect Trump's proposed tariffs. Jessica Levinson explores how power over foreign commerce has shifted from Congress to the President, highlighting key laws like the Reciprocal Trade Agreements Act of 1934 and the Trade Act of 1974. The episode also covers President Biden's controversial pardon of his son, Hunter Biden, examining the constitutional power of presidential pardons, historical precedents, and political implications.
Here are three key takeaways you don't want to miss:
1️⃣ Congressional Abdication of Trade Powers: Jessica Levinson points out that Congress has gradually ceded its constitutional authority to regulate foreign commerce to the executive branch over the past century.
2️⃣ Legal Hurdles for Trump's Proposed Tariffs: Despite President-elect Trump's promises to impose sweeping tariffs on countries like Mexico, Canada, and China, there are significant legal and procedural hurdles to clear. These include mandatory investigations by the Department of Commerce, and potential court challenges under doctrines like the major questions doctrine and nondelegation doctrine.
3️⃣ Presidential Pardons and Political Implications: The episode delves into President Biden's pardon of his son, Hunter Biden, explaining the broad and exclusive presidential power to grant pardons for federal crimes.
Resources Mentioned:
Jessica's MSNBC article
Follow Our Host:
@LevinsonJessica
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In this episode of Passing Judgment, Jessica provides updates on two prominent legal stories. She delves into the Menendez brothers' ongoing legal challenges, including their bids for resentencing, a habeas petition, and clemency, explaining the possible outcomes. Jessica also analyzes a proposed bill by Congresswoman Nancy Mace that seeks to ban transgender individuals from using bathrooms aligned with their gender identity in federal buildings. She breaks down the legal scrutiny surrounding such laws and relevant court precedents. Happy Thanksgiving!
Here are three key takeaways you don't want to miss:
1️⃣ Menendez Brothers Resentencing Claim: They're pushing for resentencing based on their model behavior in prison and the argument that they were victims of severe sexual abuse by their father.
2️⃣ Proposed Transgender Bathroom Bill: Congresswoman Nancy Mace introduced a bill aiming to ban transgender individuals from using bathrooms aligning with their gender identity in federal buildings.
3️⃣ Classification of Law: The bill's focus on transgender individuals can be seen as a quasi-suspect classification, which is subject to intermediate scrutiny.
Follow Our Host:
@LevinsonJessica
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In this episode of Passing Judgment, Jessica Levinson is joined by Josh Gerstein from Politico, they explore accusations of conspiring to overturn the 2020 election results in Georgia, recent appeals, and the constitutional questions of prosecuting a sitting president. The episode highlights the Georgia Court of Appeals' decision to pause the case, logistical and legal complexities if Trump were to face jail time, and the broader implications for presidential power. They also discuss the potential impact of a second Trump administration on the DOJ and strategies from the Biden administration to solidify its policies.
Here are three key takeaways you don't want to miss:
1️⃣ Constitutional and Supreme Court Considerations: There is a discussion on whether a state can prosecute a sitting president, involving constitutional implications and the Supreme Court’s views on presidential power and immunity. Historical cases like Clinton v. Jones are referenced.
2️⃣ Trump's Legal Troubles and Sentencing Complexities: Trump's legal issues are detailed, including complications stemming from his behavior during trials, contempt issues, and potential sentencing challenges, especially given his status as a former president.
3️⃣ Transition Strategies of the Biden Administration: Potential strategic moves by the Biden administration to solidify policies before a Trump reentry, such as issuing pardons and "midnight regulations," are contemplated.
Follow Our Host and guest:
@LevinsonJessica
@Joshgerstein
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In this episode of Passing Judgment, we dive into the immediate aftermath of the 2024 election results. Jessica discusses the implications of President Trump's return to the Oval Office, the Republican trifecta in controlling the White House, Senate, and likely the House of Representatives. Join us as Jessica unpacks the pending federal and state legal cases against Trump, explores possible legal challenges and strategies over the next four years, and examines significant legal issues such as federal power, immigration, the Department of Justice, environmental policies and more.
Here are three key takeaways you don't want to miss:
1️⃣ Legal Cases Against Trump: Federal cases against Trump, including the DC election interference and Mar-a-Lago documents cases, may be dismissed when Trump regains office and appoints new officials.
2️⃣ Federal Power and Separation of Powers: With Republicans potentially controlling both legislative branches, there might be more legislation rather than executive orders.
3️⃣ Organizational Framework for Legal Issues: The episode discussed potential changes to laws, executive orders, judicial appointments, and expansions of executive power, highlighting their hypothetical nature and the need for ongoing monitoring.
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In this episode of Passing Judgment, we engage in a thought-provoking discussion with retired Justice Stephen Breyer. Host Jessica Levinson delves into Breyer's critique of textualism, focusing on whether "costs" in legal contexts should include educational experts. The episode also touches on public trust in the judiciary, the role of the First Amendment, and the complexities of precedent. Breyer's engaging stories and reflections provide a comprehensive perspective on modern judicial challenges.
Here are three key takeaways you don't want to miss:
Critique of Textualism and Originalism: Breyer critiques the methodologies of textualism and originalism, which focus strictly on the text and original meaning of the law. He highlights the limitations of these approaches, given the evolving societal and political contexts since the laws were written.Pragmatism in Constitutional Interpretation: Advocating for a pragmatic approach, Breyer emphasizes the importance of interpreting the Constitution by considering historical context, consequences, and inherent values such as democracy and human rights. Supreme Court's Political Perception: Addressing public concerns about the Supreme Court's political influence, especially with the conservative supermajority appointed by Republican presidents, Breyer contends that legal analysis should be distinct from political thought.Follow Our Host:
@LevinsonJessica
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In this episode of Passing Judgment, Jessica Levinson tackles the controversial actions of Elon Musk, who has set up a lottery system pledging $1,000,000 a day to registered voters in swing states who sign a particular petition. Join us as we delve into the legal complexities and potential impacts of Musk's actions on the integrity of our democratic system.
Here are three key takeaways you don't want to miss:
Electoral Integrity and the Influence of Money: Jessica explores the risks and ethical concerns surrounding the influence of money on elections. She discusses the principle that elections should not be bought and the potential for wealthy individuals like Elon Musk to influence election outcomes through financial incentives. Historical Context of Federal Laws: The discussion includes the historical foundations of federal laws aimed at limiting the impact of money on elections. She references the 1925 federal law and subsequent legislation, including the Voting Rights Act of 1965, which both aim to prevent monetary inducements related to voting and voter registration.Legal Implications and Ethical Considerations: The episode delves into the legal nuances and potential federal law violations in Musk's actions. Jessica discusses how a judge might interpret these actions and the importance of maintaining the integrity of election systems by avoiding financial incentives that could influence voter behavior.Follow Our Host:
@LevinsonJessica
- Visa fler
