There’s so much wrong with this. Mini-thread:

1) The Supreme Court doesn’t “step in” and do anything. They only consider actual legal disputes that go through proper procedural channels to reach them, and then only if they choose to grant certiorari (review).
2) Nor can any party simply “take a case” to the Supreme Court. Again: you need standing, a justiciable claim, proper procedure through lower federal courts or state Supreme Court and, preferably, legal support and evidence. Even then it’s up to the Court if they take the case.
3) The President has this childlike view that the Supreme Court can point at him and declare him the winner. That’s not how it works. They didn’t even do that in Bush v. Gore. They ruled on a specific procedure in a crazy-close race. Right or wrong, it was a legit legal dispute.
4) The Supreme Court only considers actual cases or controversies. For example, they might decide the legal dispute over the constitutionality of extended PA ballot-counting deadlines (which likely will not impact enough ballots to swing things). That is a cognizable legal case.
5) I don’t care how right or left or conservative or liberal any justice is, from Barrett on up the line of seniority. There is no way they can or will just declare, “Fraud, Trump wins.” It’s a fever dream.

End

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More from @eliehonig

23 Oct
We're 11 days out from the Election Day 2020.

11 days before the 2016 election, James Comey sent a letter to Congress about the re-opening of the Hillary Clinton email investigation. (1/4)
The nonpartisan DOJ Inspector General later found that Comey committed a "serious error of judgment" that violated "longstanding Department practice." Indeed, Comey broke DOJ's written rules and its unwritten but widely observed norms (2/4)
There’s no way to know for sure, but the analytics whizzes at @FiveThirtyEight concluded that Comey’s announcement “probably cost Clinton the election.” (3/4)

fivethirtyeight.com/features/the-c…
Read 4 tweets
2 Oct
Truly hope none of this comes to pass, but here's the legal and Constitutional machinery that could activate if necessary.

Thread:
1) Under the 25th Amendment, the President can voluntary and temporarily transfer power to the VP if the president is or will be "unable to discharge the powers and duties of his office." This has happened several times, recently when GW Bush underwent routine medical procedures.
2) The 25th Amendment also enables the VP, joined by a majority of Cabinet officers (some uncertainty about exactly who qualifies), to certify in writing to Congress that the President is "unable to discharge the powers and duties of his office." If so, VP takes over, but:
Read 8 tweets
26 Sep
Judge (soon to be Justice) Amy Coney Barrett: "His [Justice Scalia's] judicial philosophy is my philosophy."

Quick story, going to back to my law school days:
1) When I was in law school, one of my professors announced one day, "We won't have our normal class on Thursday; instead we'll meet here Saturday at 8:00 a.m. Don't ask me why because I won't tell, and don't tell your friends, but just be here."
2) We walk in Saturday morning, slightly dazed but intrigued, for this mystery weekend class. And there, in the front of the lecture hall, is Justice Antonin Scalia (this was 1997 or 98). My professor leaned liberal but had clerked for Justice Scalia a few years prior.
Read 8 tweets
26 Sep
DOJ's announcement about the Pennsylvania ballot investigation is so deeply wrong, and telling, that I'm gonna do a rare thread:
1) DOJ never publicly confirms a criminal investigation, other than in extremely rare, emergency situations. It's a written rule (in the Justice Manual) and an unwritten norm that anybody who has ever worked a day on the line knows (that would *not* include Barr, I suppose)
2) And you sure as hell never publicly announce the *details* of an investigation. Here, the "fact" that nine ballots were for Trump is entirely irrelevant to any criminal charge. (Spoiler: they got this wrong). There's only one reason to include that (non-)fact: politics.
Read 12 tweets
28 Jul
Here are some direct questions that need to be asked of Barr (thread):
Can you point to other cases during your tenure where you have recommended dismissal of a case where a defendant already had pled guilty, as you did with Flynn?
Can you point to other cases where you have publicly undermined the approved sentencing recommendation of the prosecutors who tried the case, as you did with Stone?

When you took those actions, had you seen Trump's tweets expressing sympathy for Flynn and Stone?
Read 14 tweets
29 Apr
I've got some:

1. You said the President has been "really statesmanlike" on Coronavirus. Should AGs make sycophantic political statements? Is it "statesmanlike" to attack the media and joke about experience with "models"? Do you still think this after the bleach injection thing?
2. You've threatened to bring lawsuits against states that don't open up quickly enough, calling some restrictions "draconian." Where do you get expertise, or jurisdiction, to second-guess state and local officials and make these calls in their place?
3. You overrode your own prosecutors on the Roger Stone and Michael Flynn cases. Of the tens of thousands of cases the Department has handled during your tenure, in how many others where defendants have been duly convicted have you intervened and undermined your own people?
Read 8 tweets

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