Leslie McAdoo Gordon 🇺🇸 Profile picture
Oct 3, 2020 24 tweets 5 min read Read on X
You may have seen recently that Nancy Pelosi was campaigning in Michigan. She wasn't just doing that to support Joe Biden. The Democrats are preparing for a scenario in which the House of Representatives has to choose the President under the Constitution. /1
That could happen if the electoral college votes are tied 269 to 269 or if neither candidate receives 270 votes, which could in theory be the case if one or more states cannot get its electors together by the deadline in order to cast their votes. /2
In that situation, the House of Representatives chooses the President. But, it does NOT do so by each MEMBER of the House voting. It does so by each STATE casting one vote. So, to win, a candidate needs to get 26 or more of the states to vote for him. /3
Presumably to cast its one vote, the delegation from each state confers with it's own members & decides by majority vote which candidate to vote for. (There are no rules for that anywhere to my knowledge.) /4
So, for example, Washington state has 10 Members of Congress. They decide together how to vote Washington's one vote. In Washington, 7 members are Democratic & 3 are Republicans, so the Washington delegation would presumably vote for Joe Biden. /5
Thus, it's important to know what the split is between Republicans & Democrats for each state to see how each state would likely vote in this scenario. In one state, Michigan, there is also an Independent who might make a difference (Justin Amash). /6
And remember that the election on November 3, 2020 can/will change this. The Congress that would select the President is NOT the one sitting now, but the one that will be sworn in in January 2021. /7
But to see where the issues are, we can look at the current makeup of the current Congress. Right now, 25 states have at least 60% members who are Republican, 20 states have at least 60% members who are Democratic, and 5 states where neither party has 60% or more. /8
These are the 25 Republican states: /9
These are the 20 Democratic states: /10
These are only 5 states where the split is very close. Neither party has 60% or more in this 5 states. Florida leans Republican, Pennsylvania is even, Arizona & California lean Democratic, Michigan is even if Amash goes right or leans left if Amash leans left. /11
If today's Congress was voting, Florida is majority Republican (by one member), so Trump would have 26 states & win the Presidency. Joe Biden would have to get all 5 of these close states to vote for him & 1 of the Republican states. In the current Congress, Joe wouldn't win./12
Notice that Michigan is 50/50 if Justin Amash votes with Republicans, but is majority Democrat if he votes with them. So, the Michigan delegation would have to figure out what to do to cast it's vote if they are tied at 50/50. /13
Pennslyvania is also 50/50, so it would have the same problem as Michigan, while Arizona and Colorado are like Florida, they slightly lean toward one party (Democratic) - by one vote, so presumably would vote for Biden, but it's close. /14
So that's the current situation if today's Congress was voting on the issue, but the next Congress is who will vote, so unless there's a big change in states that have 60% majorities, these 5 states are critical for deciding the Presidency if the House must vote on it in Jan. /15
And the percentage split makes it look a little misleading, because while it's 52 to 48 Republican in Florida & 57 to 43 Democratic in Colorado, for example, in actuality that difference is only ONE seat. In theory, five seats in the House could decide the Presidency. /16
It also makes the seat Amash is vacating extremely important. If the Republican wins that seat, Michigan is 50/50, if a Democrat wins that seat, Michigan is 57% Democratic. /17
This is why they are pushing in Michigan & Pennsylvania -the 2 states effectively 50/50 now & Florida (R by 1 seat). If they can win by 1 seat in those states & hold their 1 seat leads in Arizona & Colorado the Dems have 25 states. Joe would need 1 more to win in a House vote./18
In the event that the states were to split 25 to 25 in the voting, they would have to keep voting until they break the tie. A quorum of 2/3 of the states are needed; each state is represented if at least one of its delegation is present; a majority of the states voting wins. /19
One can only imagine the horror that a tie 25 to 25 vote would be. There'd be lobbying (and who knows what else) against the delegations that have the slimmest majorities. Maybe delegations would have different rules for deciding their state's 1 vote. It could get very ugly. /20
Of course, if one of the candidates get a majority in the Electoral College (270 votes), we won't have to worry about any of this. /21
Makes it important to vote, folks. Every election, every race. /22
Another thing you could take away from this is that if you have some money to donate for races or a race, it might be wise to give it candidates in those 5 states who need help to hold their red seat or flip it red. /23

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More from @McAdooGordon

Oct 11
Invoke your inner libertarian!

Step 1: Practice saying these every day:

1. To each their own.
2. So what.
3. Not my problem.
4. Doesn’t affect me.
5. Mind your own business.

Get used to thinking like that. Because for 85% (at least) of things - that’s the right answer.
Step 2: Make a list of the issues in the 15% of things where those aren’t the right answers.

Like protecting the vulnerable from bullies & predators & minority view holders from majority tyrants; free speech, freedom of conscience; US sovereignty; etc.

It’s a short list really.
Step 3: Prepare for what you’re willing and able to do to speak or act when those 15% of issues come up.

Otherwise, roll out the sayings in Step 1.

If we all acted more in a libertarian way in every day life, we’d all be better off & half our problems would disappear.
Read 4 tweets
Oct 11
Be informed & don’t be naive.

DOJ had gotten indictments on Comey & James. And I’m personally satisfied that both are likely guilty (based on the available known facts at this moment) & that their prosecutions are justified & warranted.
That by no measure means that they will be convicted. They could easily be acquitted or the cases dismissed for legal reasons not related to guilt.
There are issues with both cases. (There are issues with nearly all criminal cases.)

They have or will have good defense lawyers. There are factual and legal defenses and/or difficulties for the prosecutors in both cases. (Comey’s more than James’.)
Read 8 tweets
Oct 9
Federal judges have become so used to issuing opinions & orders that invalidate federal agency actions that they no longer recognize where the line is drawn signaling the end of their power & so they fail to see that they blew past that line miles ago.
Any federal judge thinking they can personally enjoin the POTUS (or the Congress as a body either) has totally lost the plot.

Nor does a federal court have ANY power to dictate what/how the POTUS as Commander in Chief directs active duty military personnel, esp beforehand.
It does not matter that a prior order says that POTUS cannot federalize a state National Guard. POTUS has the power to direct already federalized Guardsman from other states to assist in the carrying out of federal law. That’s not an end run around the earlier ruling.
Read 7 tweets
Sep 27
Should Comey have been charged?

As we discussed on the Spaces last night, I’ve been going back and forth in my mind on this question ever since the indictment dropped. There are competing considerations, but I’ve finally concluded that the answer is yes, he should have been.
It goes without saying that both the lawfare & the coup against Trump were totally unacceptable. And Comey is partly responsible for both. That makes him a traitor to the republic. It doesn’t necessarily mean he broke any federal criminal laws in doing so, although he might have.
Mostly tho, the federal criminal law is not designed to address that conduct. We haven’t needed criminal statutes in the past to tell people not to undermine the duly elected POTUS. Thank goodness, in a way.
Read 12 tweets
Sep 27
Will Comey be convicted?

It’s impossible for any competent lawyer to say with any degree of certainty at this stage - either way.

The indictment is not legally defective as far as I can see.

So it won’t be dismissed on that basis.
The defense has some facts on which to base a vindictive/selective prosecution motion to dismiss.

But those motions fail 99% of the time.
The facts may be weak or they might not be. There aren’t enough of them in the indictment to say at this stage.

But even if they are weak, there is no way before trial to contest them. And Comey is unlikely to plead guilty.

So it’s likely a trial.
Read 16 tweets
Aug 25
The EO banning no cash bail in DC may be legal but doesn’t address the real problem.

DC law permits judges to detain anyone who’s violent/a risk to others or a flight risk. No cash bail is only for people who aren’t. The problem is w/juveniles, not adults getting no cash bail.
And the EO may not be legal actually either. I’d need to go back and look at the authorities closely.

But the fact that the feds have power over DC doesn’t necessarily mean the federal executive branch can do whatever it wants.

Congress has the constitutional power over DC.
Congress definitely has the power to override any DC law. In fact, DC laws don’t go into effect until the Congress either exercises its right to amend them or passes on that.

So, I’m not sure that the POTUS has the authority to override a law that Congress has approved.
Read 4 tweets

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