Here's the short version. Electors clause provides that "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, ..."
So the Trump try-hard theory is that the legislatures can just pop up at any time and appoint new Trump electors.
What they miss, however, is that two clauses later, the Constitution provides that "Congress may determine the Time of chusing the Electors . . ."
That time, of course, was election day, Nov. 3 this year.
And each state legislature had already determined how the electors shall be appointed on election day: for the most part winner-take-all, excepting Maine and Nebraska, those rascals.
So this theory runs afoul of both the federal Constitution and each individual state's laws.
It does not represent even a plausible possibility for Trump remaining in the White House.
This is the "doctors are saying there's one weird trick to living to 100" of election theories.
You can't just mutter "but the electors clause" and not keep reading the damn document.
While I have your attention, I urge you to embrace the use of the word "disfranchise" rather than the overlong, overmouthy "disenfranchise."
They mean the same thing. No word needs *two* Latinate pre-fixes.
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On Tuesday Giuliani was asked by Judge Brann if the campaign was alleging fraud.
After initially suggesting that they were, the judge reminded Giuliani that if so, they had to meet a more difficult standard. So Giuliani backed down and conceded they weren't alleging fraud.
All that really matters is what the campaign can prove in court. So far the various campaign and GOP challenges to the election are at 1-29 in court. One win; twenty-nine losses. And counting.
That single win changed a few hundred votes, and did not switch the winner.
As for the affidavits Giuliani and Powell claim to have, if they're anything like the declarations offered in the Arizona and the Wisconsin cases that the campaign lost, they're not going to help.
Lawgeeks, here's the Trump campaign's proposed second amended complaint, which purports to bring back a due process claim related to GOP observers and also argues that the Pennsylvania Supreme Court's interpretation of Pennsylvania law can be disregarded. courtlistener.com/recap/gov.usco…
I should note that this proposed second amended complaint has NOT been accepted by the Court AND, apparently, it has been temporarily withdrawn pending re-filing.
(I'm not sure what this withdrawn and refiling business is about.)
For some reason the Trump campaign intends to rely in part on standards contained in a European think tank's pamphlet on elections, which is derived from international laws.
(This is not a good source of even persuasive precedent on the topic of U.S. elections.)
Pennsylvania hearing in Trump's challenge to the election is getting started. Automated phone system says there are 3,999 people listening. (Out of a max 4,000 capacity.)
Right now they're doing appearances. This is just where the judge confirms who's present for which party. Most a physically present. A few were appearing telephonically.
Giuliani just confirmed that he will be the lead attorney for plaintiffs.
Giuliani says they want to amend the complaint a second time to restore one of the due process claims they deleted in the filing on Sunday.
This reminds me of the time Kris Kobach decided to argue a federal case and ended up being ordered by the judge to do six hours of CLE on civil trial basics.
As I recall, Kobach was eventually found in contempt of court and had to pay the other side's attorneys fees.
I'm just saying, court appearances are not an afternoon trip to the Four Seasons Total Landscaping.
Despite Trump's tweets today, the campaign is NOT pressing forward with the argument that GOP observers were prevented from meaningfully watching the counting process.
So there's two levels of election claims going on right now. There's the actual legal challenges, which mostly are about whether observers could "meaningfully observe" despite COVID restrictions and whether certain small-ball ballots should be counted.
And then there's what Rudy Giuliani is doing. This morning he told an alt-right web show that he had secured affidavits from secret whistleblowers that will show that computer software changed millions of votes in multiple states.
If you haven't heard of this "Dominion software" theory, it's not your fault. This is a deep-in-the-fever-swamps theory that isn't remotely in the realm of a possibility, but they claim to believe it is real with all their hearts.