The concerns abide about Barr and the DOJ and the calls from some Rs for state legislatures to send their own slates of Presidential electors. The #1 point that many have made, including Barr in the memo, is that the only legal claim that could now fly would be one that
at a minimum, would flip the result in a state from Biden to Trump . There are literally no such claims even alleged. The 15 dead people who voted in PA turns to be false, but even if it weren't, it couldn't be used to overturn an election that Biden won by 45,000 votes.
But also consider this: it's ironic that DOJ is getting involved b/c any switch of electors now would violate FEDERAL law, which specifies that while the legislature can choose the manner for their selection, it must do so by Election Day and not after. Pennslyvania, like every
like every state in the Union for over 100 years (and every state but South Carolina -- hahaha -- since 1832) specifies electors are chosen by popular vote. Can't change that after an election. Oh also changing the result from Biden to Trump would violate the federal constitution
which we know among other reasons from good old Bush v Gore (but not only that "nonprecedential" case): "Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person's vote over that of another. " Let's say
500,000 dead people had voted; who's to say that they voted for Biden not Trump? Finally by that same reasoning, any huge irregularity would require invalidation not just of the Presidential race but also of all the down ballot races. You can't disqualify the dead person's vote
Biden but then keep it for the state municipal court judge.

This is all total nonsense, except it's also deeply irresponsible, treacherous even, in the false frontal attack on the election and the electoral processes of those states, and only those states, that went for Biden.

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More from @harrylitman

20 Jun
Thread: here's where I think we are. It's pretty exquisite. Berman is court appointed and under 28 USC §546 his appointment lasts until there is a presidentially appointed and confirmed US Attorney.
OLC opinion from 1979 says under 546 the AG can't fire someone -- i.e can't trump so to speak the court's choice -- but that President can. That rule has never been tested in court however.
So for starters, needs to be Trump who issues the order. Can't imagine why he wouldn't. Barr will threaten to resign otherwise. By temperament and circumstance, he has to go the wall here.
Read 10 tweets
21 May
Hi @JonathanTurley , your post is built on a series of obtuse misreadings of the oped. Your main claim is that I suggest Sullivan should ignore the merits of the motion and make trouble gratuitously. On the contrary, it's precisely the merits that are so assailable
and that I suggest he focus on. The DOJ has advanced a series of factual and legal arguments that don't withstand scrutiny, as so many people have pointed out. Sullivan needn't attack the concept of prosecutorial discretion in order to reject those claims. Nothing about the
discretion supplied in Rule 48 insulates the DOJ from advancing factually and legally flawed arguments. It's a serious mischaracterization of that legal argument to say, as you repeatedly do, that the oped advocates departing from the law or, worse, that it acknowledges
Read 9 tweets

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