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Ross Garber Profile picture
@rossgarber
Sep 23, 2020 • 3 tweets • 1 min read • Read on X
1/ This is essentially what happened in 1876. Ds argued ballot fraud; Rs argued vote suppression. In several states competing slates of Electoral College members were submitted. Congress sorted it out with aid of an Electoral Commission.
2/ There are Constitutional and statutory provisions that address election disputes, some adopted in light of the 1876 election. Courts can address ambiguities. Yes, it may get bumpy. Our institutions of government will be challenged. As will press orgs.
3/ Hyperbole and wishful thinking didn’t help the public or Ds during the Mueller investigation. Or the Trump Congressional inquiries. Or the impeachment process. And could be particularly harmful now. There’s lots to be concerned about, but let’s keep it real.

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More from @rossgarber

Ross Garber Profile picture
Jan 3, 2021
Thread:
1/ There is a lot of confusion in mainstream press reports on the process on January 6. The @nytimes has gotten it wrong as I note below. These mistakes could be very significant depending on what VP Pence does. I’ll explain.
2/ The Constitution does not explicitly give Congress any role in counting Electoral College votes, other than to be present when they are counted. Congress gave itself a role by passing a statute, the Electoral Count Act, which some have argued is unconstitutional.
3/ Here’s what the 12th Amendment to the Constitution says about the counting of Electoral College votes:
“The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”
Read 13 tweets
Ross Garber Profile picture
Dec 31, 2020
1/ NYT not accurate in reporting that “The Constitution requires that challenges to the certification process be endorsed by lawmakers in both the House and Senate.” nytimes.com/2020/12/30/us/…
2/ The 12th Amendment provides that the President of the Senate (VP Pence) shall “open all the certificates and the votes shall then be counted.”
3/ The provision cited by the NYT is from the Electoral Count Act, which some have argued is inconsistent with the 12th Amendment and therefore unconstitutional.
Read 4 tweets
Ross Garber Profile picture
Oct 15, 2020
1/ Twitter and Facebook are private companies. They can broadcast or not broadcast whatever they want (within legal limits). People can choose whether to use them or not.
2/ I value their traditional, more lax, editorial control. Social media platforms are now the primary outlets where we can get the perspectives of those with whom we disagree and exchange ideas with them.
3/ Yes, I find some ideas expressed on social media to be abhorrent. I also see factual assertions that are inaccurate, and much I think is inaccurate but you may not. I know there is abundant propaganda. These are the prices we pay for forums where ideas can be expressed freely.
Read 7 tweets
Ross Garber Profile picture
Sep 18, 2020
1/ In the 1876 election, results were disputed in key states. Ds claimed ballot fraud; Rs alleged voter suppression. Congress formed an Electoral Commission that included Supreme Court justices to sort it out. In the wake of this, Congress passed the Electoral Count Act
2/ The Act provides for, among other things, how Congress deals with situations in which competing slates of Electoral College members are submitted. Some of the language of the Act isn’t especially precise. But negotiations and ultimately the courts can bring any needed clarity.
3/ Some have also argued that the Act is unconstitutional. Here too, the courts can make the call. If this isn’t sorted out by January 20, Inauguration Day, the 20th Amendment and a companion statute provide a mechanism to to determine an acting President.
Read 5 tweets
Ross Garber Profile picture
Sep 7, 2020
When Durham got this mission in March 2017, he was just a line prosecutor in Connecticut. And things got a little irregular for that office in March. On March 10, 2017, US Attorney Deirdre Daly, an Obama holdover, was asked to resign. She complied. justice.gov/usao-ct/pr/us-… 2/
Daly announced that her Deputy, a career prosecutor, would be acting US Attorney, as is customary. justice.gov/usao-ct/pr/us-…
But 3 days later, on March 13, Daly issued a statement saying she was actually going to stay on as US Attorney until October. justice.gov/usao-ct/pr/sta… 3/
In October 2017, Daly again announces her departure from the office. But this time, she indicates that Attorney General Sessions was bypassing custom and appointing John Durham acting US Attorney. justice.gov/usao-ct/pr/us-… 4/
Read 6 tweets
Ross Garber Profile picture
Aug 6, 2020
1/ Thinking about the NYT report that Deutsche Bank (DB) was subpoenaed by Manhattan DA for Trump records AND COMPLIED. Remember, Trump is litigating a subpoena by the DA to his accounting firm. Makes me wonder if DB didn’t tell Trump about subpoena.
2/ At least on federal level, prosecutors often request that recipients of subpoenas don’t disclose the fact of the subpoena to others, ostensibly to prevent obstruction by a target or subject who finds out about a secret investigation.
3/ Here, that wouldn’t seem to be an issue. It’s no secret that the Manhattan DA is investigating Trump. But as a heavily regulated financial institution with a presence in Manhattan, DB would probably comply with the Manhattan DA’s wishes.
Read 7 tweets

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