Former federal prosecutor Andrew Weissmann has called for sweeping structural reforms to hold politicians accountable for lies that damage democracy, arguing that the United States must be "as creative as possible" to escape its current political crisis.
Weissmann's Proposal for a Truth in Elections Act
In his new book, Liar's Kingdom: How to Stop Trump's Deceit and Save America, Weissmann outlines a legislative crackdown on election deceit. He proposes a Truth in Elections Act, modeled on the Stolen Valor Act of 2005, which criminalizes lying about military honors. Weissmann argues that such a law could survive First Amendment challenges, as the Stolen Valor Act did after a Supreme Court challenge.
"Lying can be held to account," Weissmann said in an interview from Paris, where he teaches at NYU. He pointed to international examples, including Brazil, where former President Jair Bolsonaro was jailed for election fraud lies, and the UK, where Labour MP Phil Woolas lost his seat in 2010 for falsely suggesting an opponent supported extremist violence.
Free Speech Concerns Addressed
Weissmann acknowledged that the principal argument against strict policing of election lies is that it chills free speech. However, he expressed limited sympathy for that view. "I'm not very sympathetic to the idea that the solution to false speech is more free speech," he said, noting that defamation law already has a chilling effect that is generally accepted.
He compared Trump's behavior to that of organized crime figures like Vincent "the Chin" Gigante, who feigned mental illness to avoid accountability until Weissmann's prosecution proved his competence. Similarly, Trump's public claims that the 2020 election was stolen, despite private admissions that Biden won, set the stage for the January 6 insurrection.
Trump's Enemies List and Its Consequences
Weissmann has twice been named in Trump executive orders, including one revoking security clearances and another targeting his law firm, Jenner & Block. Although a federal judge declared the order "null and void," Weissmann wrote that "the damage from this and other executive orders against law firms, academic institutions, and others is done." He noted that fear of retaliation has led many to stay silent or settle bogus lawsuits.
"Rather than find themselves on a governmental enemies list, they stay silent or complicit, as in the McCarthy era," Weissmann wrote. He recounted that his publisher backed out within hours of Trump's executive order, proving that fear works.
Hope in the Courts
Despite the challenges, Weissmann expressed optimism about the judicial system. "When we're looking at what parts of the government are still operating effectively, it's the district courts," he said. "That is a place where there's due process, where facts matter, where there really is an ability to get at the truth."
He acknowledged that his proposal has flaws but maintained that courts offer a forum where truth matters. "When Trump or his acolytes challenged the election in 2020, that was in court, and he lost," Weissmann said. "It's different to just going to the public and saying whatever, regardless of whether it's true or not."
