Whatever form post-Trump accountability takes, @tribelaw & I argue that it’s essential to depoliticize it—by keeping the next White House out of it. /5 washingtonpost.com/outlook/biden-…
My @GeorgetownICAP colleagues & I, alongside @MikeSigner & more, sued the unlawful militias that had contributed to violence in Charlottesville exactly 2 months earlier.
A few months after filing our Charlottesville suit, we at @GeorgetownICAP published a catalogue of state laws that prevent unlawful, unsanctioned private armies.
There's a very short law that's causing a lot of angst right now.
With @bartongellman@FareedZakaria & more talking about 3 USC 2, let's take a look at why an attempt to use it simply to override voters' will would be unlawful. /1
Here's the whole law:
"Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct." /2
The worry is that "Trump can pressure Republican-controlled legislatures to ignore the popular vote in their Democratic-leaning swing state & instead select an Electoral College slate that supports him," as @tribelaw@jentaub & I said in @TheAtlantic. /3 theatlantic.com/ideas/archive/…
Friday marks exactly 1 year since Americans read the 5 words that will forever define the Trump presidency:
"Do us a favor though."
Here's a quick look at how Trump's quid-pro-quo presidency remains alive & (un)well today. /1 nytimes.com/2019/09/25/us/…
"A president who abused the public trust for his personal benefit" defined what got Trump impeached, as @neal_katyal & I said.
"For a president to exploit for private political gain the tools of national power placed in his or her hands" was appalling. /2 nytimes.com/2020/02/05/opi…
But Trump didn't stop there.
Faced with a deadly pandemic, Trump played "states off 1 another for his affection, rewarding the generally Republican (or swing) states whose governors grovel at Trump’s feet."
There's a lot of concern right now about Trump & how he might handle an election loss after @bartongellman's article & the terrible answer Trump gave to @BrianKarem.
But we're not powerless to ensure a peaceful transfer if Trump loses.
Here's what can be done now. /1
1st, Electoral College reps, Members of Congress, governors, & Defense Department leadership can pledge to abide by election results regardless of any single candidate's claims otherwise.
Wednesday marks 1 year since 9/9/19, when the Intelligence Community's Inspector General notified Congress he'd received an "urgent concern" from a whistleblower & deemed it credible.
The Intelligence Community's Inspector General who took seriously the whistleblower's complaint, persevered when Trump's White House & Justice Department tried to bury it, & ensured Congress learned of it has been forced out by Trump. /2 nytimes.com/2020/04/03/us/…
The Acting Director of National Intelligence who initially blocked his Inspector General from sharing with Congress the whistleblower complaint but then allowed it to be shared also has been forced out by Trump--replaced by a Trump loyalist. /3 independent.co.uk/news/world/ame…
There are steps that state & local officials can take, right now, relying on laws already on the books, to protect Americans from the threat posed by unlawful private militias.
Here's a quick guide based on work led by Mary McCord & our @GeorgetownICAP colleagues. /1
1st, there's litigation: faced with unlawful private militia activity, officials can file civil suits seeking court orders preventing such activity from reoccurring.