Andrew Weissmann, the federal prosecutor who survived Donald Trump's retaliation campaign, is proposing sweeping legislation to punish politicians whose lies about elections damage democracy, arguing the nation needs structural reforms if it is to escape its current crisis.
Weissmann, a key figure in the FBI's investigation of Russian interference in 2016 and Trump's links to Moscow, contends that lying can and should be held legally accountable. He has drafted a Truth in Elections Act modeled on existing law, specifically the 2005 Stolen Valor Act, which criminalizes false claims about military honors and has survived constitutional scrutiny.
The proposal, detailed in his new book "Liar's Kingdom: How to Stop Trump's Deceit and Save America," seeks to distinguish between protected political speech and deliberately false statements that undermine electoral integrity. Weissmann points to international examples: Brazil jailed former president Jair Bolsonaro for election fraud lies that fueled a coup attempt, while the UK stripped Labour MP Phil Woolas of his seat in 2010 after he falsely accused an opponent of supporting extremist violence.
Speaking from Paris, where he teaches for NYU, Weissmann acknowledged the standard free speech objection. He dismissed it as weak, noting that media outlets like MSNBC, where he works as an analyst, already police statements through standards departments and legal review. Defamation law similarly restricts certain speech without destroying free expression, he argues.
"If we ever get out of this mess, what systemic reforms can we do?" Weissmann said. "I think the circumstances in the United States have made it imperative that we be as creative as possible."
Weissmann's call for accountability carries extra weight given his personal experience with Trump's response to dissent. Trump has named him twice in executive orders: the first revoked security clearances for figures including Hillary Clinton and Kamala Harris, though Weissmann had not held one since his Mueller investigation days. A second order attacked the law firm Jenner & Block for employing "the unethical Andrew Weissmann," though a federal judge declared both orders null and void.
The damage, however, proved real. Law firms quietly withdrew representation, and his original publisher cancelled the book within hours of Trump's executive order targeting the firm. Weissmann writes that fear has silenced institutions across academia, the legal profession, and the nonprofit world, mirroring McCarthyism.
He also criticized the second Trump administration's approach to staffing. "The No. 1 qualification we see in so many people who are nominated to incredibly important positions appears to be loyalty, rather than expertise," Weissmann said, singling out current FBI Director Kash Patel as an example of questionable judgment.
When asked how it feels to be targeted, Weissmann said simply: "You have to just get on with your life. But saying you get used to it, I don't think that's right. It's not like it's gone."
Despite proposing court-based enforcement of election truth standards, Weissmann acknowledged the flaws in his own approach. He expressed hope that district courts, where facts still matter and due process still functions, could serve as forums for testing dangerous political lies. When Trump and his allies challenged the 2020 election results in court, Weissmann noted, he lost repeatedly. The courts, in his view, remain places where truth retains power.
Author James Rodriguez: "Weissmann's proposal amounts to a legal tightrope walk that probably can't be executed cleanly, but his diagnosis of the problem is sharp: democracies need antibodies against coordinated, high-volume lies that corrode voter confidence faster than any rebuttal can move."
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