Could Democrats Actually Replace Joe Biden? Is the Heritage Foundation Violating the Law? What Reforms Do We Need? Campaign Finance Law Expert Weighs In

Walker Bragman speaks with Brendan Fischer, the deputy executive director Documented.

“Democrats panic over Biden’s debate performance, doubt his future,” “Dems freak out over Biden’s debate performance: ‘Biden is toast,’” “Dems in full panic mode after Biden’s stumbling performance.” 

These are just some of the headlines that topped off what has generally been described as a disastrous night for Joe Biden. While the president did have some strong lines in the second half—a quip about Donald Trump being “three years younger and a lot less competent” stands out—by all accounts the debate was hard for Democrats to watch. 

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In the two weeks since, the media cycle has been dominated by calls for the president to step aside. When New York Times columnist Ezra Klein initially made the suggestion in an audio essay back in February, it was a lonely position and one met with harsh pushback from Democrats online. But now, Klein is part of a chorus that includes the editorial boards of The Times, The Chicago Tribune, The Economist, and other major publications, centrist Democratic strategist James Carville, actor and Democratic fundraiser George Clooney, and a growing number of Democratic lawmakers, including Sen. Peter Welch (D-VT). Beyond those publicly calling for the president to step aside are a number who have suggested that perhaps he is the wrong choice to face off against Donald Trump in November, including Sen. Michael Bennet (D-CO) told CNN that Trump was "on track…to win this election and maybe win it by a landslide.” The Washington Post editorial board, meanwhile, suggested Biden ought to do some “soul searching” to make the best decision for America.

Despite the pressure, President Biden has remained resolute, insisting “I’m running.” Biden’s supporters have pushed back on calls to exit the race, charging that changing candidates this late in the game would be complicated and unlikely to lead to success in November. Indeed, the timeframe for any new candidate to jump in the race is now less than four months. Then, there are questions about the money raised by the campaign. Could it transfer over? Would it have to be returned to donors? The campaign has suggested a replacement candidate would have to start out with zero dollars.

Important Context’s Walker Bragman caught up with campaign finance law expert Brendan Fischer, formerly of the Campaign Legal Center and current deputy executive director of the watchdog group Documented, about the feasibility of the Democrats swapping candidates.

In addition to the Democrats’ struggles this election season, Bragman and Fischer also discussed the Heritage Foundation, a 501(c)(3) dark money group behind the infamous Project 2025, which lays out plans for Trump’s second term. Heritage, which has been in the news lately following a hack, has been the target of activists, who have been reporting the group to the IRS for allegedly violating the law by engaging in political activity.

The pair also discussed the Supreme Court and what systemic reforms progressives and liberals ought to focus their energy on going forward. Give the interview a watch!

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