Ratcheting up his attacks on mail-in voting, President Donald Trump pondered openly on Thursday about delaying the November election many polls show him destined to lose.
UPDATED. @RepRaskin told me today Americans must be vigilant against any attempts to corrupt the November election and that includes "piercing the fog of propaganda" Trump holds up as he floats the idea of moving the election - something he cannot do. courthousenews.com/trump-cant-del…
The inherent danger of Trump’s tweet also alarmed @NormEisen who served as counsel to Democrats on the House Judiciary Committee when Trump was impeached last year.
He told me:
“Of course, as so often the case with Mr. Trump, the tweet is half provocation and distraction because he does not want to talk about today’s disastrous economic numbers, the Russian bounty scandal, or the John Lewis funeral," @NormEisen told me.
.@moevela, attorney and former director of administration for @JoeBiden told me Trump’s latest legally baseless assertion was indicative of a “flailing political campaign.”
"This is very much in his playbook of distraction because no one in his admin. or him wants to talk about the fact that the economy is not in a v-shaped recovery the way he was touting. The pandemic took away the only thing he had in his arsenal & now he is scrambling." @moevela
To wit - Trump’s tweet arrived, incidentally, as the Bureau of Labor Statistics reported that the U.S. economy contracted at its fastest rate ever on record in the second quarter of FY2020. bea.gov/news/2020/gros…
Now about the legality.
Trump does not have the constitutional authority to delay or move the election date.
And theoretically, even if Congress moved the date - there is still a catch for any president who tries to overstay his democratically elected welcome.
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As the release of the anticipated appendix to Jack Smith’s legal brief is due today, I will now begin a live-tweet thread unpacking the Legal Framework section of the immunity brief in Trump's Jan. 6 election subversion case.
I already unpacked a section establishing evidence Smith intends to use at trial, should that ever happen, but I have some links for you here now to revisit at your convenience.
But this thread is more digesting what Smith wrote in immunity brief re: Legal Framework, or why...
...in light of the Supreme Court’s immunity ruling, Trump’s alleged conduct before/on Jan. 6 is prosecutable.
NEW: Vem Miller sues Sheriff Chad Bianco for defamation, alleging Bianco wrongly stated that he thwarted Miller's assassination attempt of DJT. Miller says most "egregious" stmt by Bianco was that he had fake creds; Miller says campaign gave it to him. I asked. They denied that.
I'd like to also point out that Mr. Miller is represented by Sigal Chattah. Ms. Chattah is the national committeewoman for the NV GOP.
I called Ms. Chattah a few days ago actually, seeking a comment from her about whether she had any idea how Miller was credentialed. No response. I called every member of the NV GOP that I couald get contact info for, and when I spoke to Mr. Jim Hindle, NV GOP vice chair...
It's Christmas Day 2020. Pence calls Trump to wish him a Merry Christmas.
Trump raises the certification on Jan. 6 and tells his running mate he's got "discretion in his role" as pres. of the Sen. Pence replies: 'You know, I dont think I have the authority to change the outcome'
Trump, the very next day sends out this tweet:
There's less than two weeks until Congress meets for the certification.
I will now continue my live-tweet thread reviewing special counsel Jack Smith’s brief outlining the case he intends to bring against Donald Trump for allegedly conspiring to overturn the 2020 election and more.
OK - So we pick up with the allegations laid out re: Michigan and Smith begins on Nov. 20, 2020 a few days before the guv of MI signed the certificate appointing Biden's electors. Trump meets with P37, who is Mike Shirkey, MI Sen. Maj Ldr., and P38=MI House Speaker Lee Chatfield
Trump gets this mtg through the help of RNC Chairwoman P39, who in 2020, was Ronna Romney McDaniel. Trump wanted her there but Smith says that Ronna told Trump her attorney advised against it. There's an introduction made, and Trump invites Shirkey and Chatfield to the WH
Jack Smith has filed the much-anticipated brief in Donald Trump's Jan. 6 election subversion case.
Let's walk through it together in this thread. big.assets.huffingtonpost.com/athena/files/2…
First things first, what we are we looking at with this document?
This filing is the framework Smith has set for Chutkan to make her analysis under the parameters of the SCOTUS immunity ruling for former presidents and he has broken it down into 4 parts.
The parts of the immunity brief are broken into 4 sections: 1) What Smith intends to prove at trial 2) The legal principles that govern presidential immunity and how Trump acted as office-seeker, not office-holder 3) How legal principles apply to Trump's conduct 4) Relief sought