<thread> On Levin's tweet.

Here's the likely cockamamie strategy and why it should be doomed to fail.

Trump-Giuliani-Levin strategy:

Step 1: Try to delegitimize vote count in PA and elsewhere — no matter how much thinking people know their allegations are really bonkers.
Step 2: Try to gin up public outrage that resonates with the Trump base — even if the outrage is internally contradictory ('count the vote' in AZ, 'stop the count' in PA) and based on lies.
Step 3: When race is PROPERLY called for Biden in PA and elsewhere, the Levin cabal tries to put immense pressure (via Trump's outraged base) on PA Republican Legislature to select Trump electors on the (false) claim that the vote count was fraudulent

They're doomed to fail...
This cockamamie idea is doomed to fail for many reasons.

Among others, state and federal courts' already finding against their truly ludicrous allegations against the vote count.

Plus a fundamentally flawed view of how the electoral system works.
Here's how the electoral system actually works.

From professor @jgeltzer 👇

And here's from the expert who wrote THE book on the electoral college, @jessewegman 👇

National Task Force on Election Crises report blows Levin idea out of the water.

Even well-grounded claims of vote counting problems would not allow Legislature to select Trump electors.

@ElectionTask is highly respected cross-partisan expert group.

static1.squarespace.com/static/5e70e52…
I have highlighted, thus far, some of the legal arguments. But on top of them are the political realities.

Here's Karl Rove throwing cold water on the Giuliani cabal's claims of election fraud.

(via @rickhasen)
In addition to Karl Rove, professor Jonathan Turley (yes, that pro-Trump Turley in the impeachment hearings) was on Fox News Wednesday night also throwing cold water on Giuliani et al's factual allegations and legal claims.👇

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More from @rgoodlaw

4 Nov
#CountryOverParty

NBC collects 11/3-11/4 statements to #CountEveryVote by Republicans

Christie: "All these votes have to be counted that are in."

Sen. Portman: "Ensure that all ballots cast in accordance with state laws are counted. It’s that simple."

nbcnews.com/politics/2020-…
2.

Sen. Rubio: "The result of the presidential race will be known after every legally cast vote has been counted."

Rep. Kinzinger: "The votes will be counted and you will either win or lose."
3.

Senator Lee: "It's best for everyone to step back from the spin and allow the vote counters to do their job."

Gov. Hogan: "Most Americans really want a free and fair election process, and they want us to count the votes."
Read 4 tweets
28 Oct
My former boss—Robert S. Taylor, who served as Acting General Counsel at Department of Defense—with a strong warning to federal employees across departments and agencies.

Two federal laws that could punish #ElectionInterference.

#2020Election

<thread>

justsecurity.org/73083/federal-…
2. Two laws — Hatch Act and Antideficiency Act — can impose stiff penalties (including prison time) for federal employees who illegally undermine the election.

The latter could apply to federal actions that use funds that have not been appropriated by Congress for that purpose.
3. "Every federal employee should assume that if he or she carries out an activity intended to impair or impede the election... their conduct will be judged by people deeply upset over the effort to entrench a President viewed as a threat to the very foundations of our democracy"
Read 5 tweets
15 Oct
<thread>

With focus on Secretary Esper's failure to clearly disavow use of troops at polls...

This important nugget in June 2020:

@peterbakernyt reported: Esper SUPPORTED using Insurrection Act in Oval Office meeting (before Esper then felt pressure and publicly opposed later)
2. Baker also reported Chairman Milley strongly opposed use of Insurrection Act in that Oval Office meeting

That's consistent with Milley's strong, clear stance (in contrast with Esper) against use of military in US elections

@NPRinskeep 10/11 interview:
npr.org/2020/10/11/922…
3. Report on Esper's weak response to Congress on question of using military in the election (contrasted with General Milley's solid response to Congress).

@connorobrienNH @laraseligman reporting:

politico.com/news/2020/10/1… (discussing concerns raised by @RepSlotkin @RepSherrill)
Read 5 tweets
9 Oct
It’s not clear how Dr. Sean Conley has determined Trump will no longer need to isolate only 10 days after symptom onset.

Looks like the CDC Guidelines say Trump should be in the category that needs to isolate for 20 days after symptom onset.👇

Plus ...

<thread>
2. Fauci on Thursday used a (test-based) approach, in which case, per Fauci:

Trump needs to isolate for 10 days after symptoms RESOLVE (not symptoms onset) and then two negative tests.

Note: based on his coughing on Hannity last night, Trump’s symptoms haven’t resolved yet.
3. Here’s a longer quote from Fauci (via @MarionRenault):

apnews.com/article/virus-…
Read 5 tweets
7 Oct
Unprecedented

New England J. of Medicine rebukes Trump

"Our current political leaders have demonstrated that they are dangerously incompetent. We should not abet them and enable the deaths of thousands more Americans by allowing them to keep their jobs"
nejm.org/doi/full/10.10…
2. "The death rate in this country is more than double that of Canada, exceeds that of Japan, a country with a vulnerable and elderly population, by a factor of almost 50, and even dwarfs the rates in lower-middle-income countries, such as Vietnam, by a factor of almost 2000."
3. The USA has "failed at almost every step. We had ample warning....
The United States came into this crisis with enormous advantages. Along with tremendous manufacturing capacity, we have a biomedical research system that is the envy of the world. We have enormous expertise..."
Read 6 tweets
4 Oct
Recall:

“Secret Service agents expressed their anger and frustration to colleagues and friends Friday, saying that the president’s actions have repeatedly put them at risk. ‘He’s never cared about us,’ one agent told a confidant.”

washingtonpost.com/politics/trump…
2. “Former Secret Service agents said it was unheard of for agents to openly complain about their president but that some currently in the ranks had become convinced during the pandemic that Trump was willing to put his protectors in harm’s way.”

from same Washington Post report
3.

“This administration doesn’t care about the Secret Service,” one current agent relayed in an internal discussion group. “It’s so obvious.”

Washington Post’s @Fahrenthold @jdawsey1 @CarolLeonnig @DavidNakamura reporting
Read 4 tweets

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