As I just reported on air in our Election Coverage...
What we just heard from The President is horrific for democracy.
Mark down the time: The President of the United States declaring, We want all voting to stop.
Constitutionally, that is *not* how it works. It is wrong, legally.
This is important for the days ahead:
Legally, what The President just told the nation is worthless.
As a legal matter, those remarks could be written in *invisible ink.*
Elections, and the counting and processing of ballots, is not controlled legally by The President.
But this could become relevant.
*If* a state (or several states) has a margin that relates to certain types of ballots, like the counting of mail ballots, those cases can go up through appeals to the Supreme Court.
As recently as last Wednesday, for mail ballots in Pennsylvania, a court majority suggested that potentially ballots counted after today might be tossed...
(That would be a change, a new ruling. But we've seen that foreshadowed.)
So The President addressing the nation, here at this late hour, and saying that he wants the votes stopped -- declaring himself the winner, this is serious business.
He said falsely, 'We did win the election.'
He said that falsely, a big problem as this all plays out.
Now *if* there's a clear margin, when the votes are counted, [of Biden winning by] several states, that would be much harder to find standing to get before the Supreme Court....
But if it's one state, and relates to mail ballots, there are ways to get before the Court...
So we have to keep an open mind, we respect the rule of law and report out *whatever* the courts decide, we keep an open mind about all the states telling us the votes...
But we *cannot* keep open mind, or sound neutral, about the falsehoods that came out of the White House.
It pains me to say it, but The President was lying about the election results, and telling *our democracy* he doesn't believe in democracy - 'Stop the voting.'
Legally, what The President just told the nation is worthless.
Reporting live after Pres. Trump’s election night remarks:
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MSNBC cut away from The President's remarks tonight for a fact check...
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And we continued reporting the facts and law about the counting process, and then heard from a Secretary of State about the counting process -- and the actual legal requirements for when there are legitimate legal questions regarding the vote.
There are also some important points about President Trump's current legal position - *apart* from what he claimed tonight (some of which does not bear repeating)...
NEW: Presidential Debate Commission announces it will add a #MUTE button for each of the "two minute" opening remarks sections of the debate...
... but then both candidates' mics will still be open during the remaining 13 minutes of each section.
So, that's a little more mute button than before - but for the bulk of the final debate, a candidate who insists on talking over the other candidate's time will not be prevented from doing that under the rules, sanction or technology.
Commission:
"The only candidate whose microphone will be open during these 2-minute periods is the candidate who has the floor under the rules. For the balance.. both candidates’ microphones will be open..."
Quick voting rights thread on this moment in the Barrett hearing...
Sen. Harris is correct about the impact of the Shelby decision on voting rights..
Barrett is legally correct on the (parsing) point that the Shelby decision was written to technically allow Congress to 'update' the law - which Senate Republicans have refused to do.
Sen. McConnell changed the number of working justices on The Supreme Court from 9 to 8, for well over a year.
Justice Scalia died in Feb. 2016, but the GOP Senate did not allow for any vote on the first nominee to replace him, ever - and provided for a vote on the second nominee to replace him in April 2017.
1. Congress may "permanently "change the size of the court by law - (until law is amended)
2. The Senate has the ability to temporarily change the size of the Court, by blocking new members.
3. McConnell already did that, make him the 'first mover' on altering the Court's size.