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22 Nov, 4 tweets, 4 min read
#CoupUpdate #Michigan danger signs

House Speaker Chatfield who met with Trump says:

- they gave Trump an "update"
- RNC request is to "simply delay" certification
- cites Wayne County imbalances (fact check: involves only 357 out of 1/4 million votes)

2. Michigan Democratic state lawmaker @koleszar_matt responds to @LeeChatfield's remarks on Fox News:

"Conversations about a deadlock, or postponement are encouraging violations of the Michigan constitution."

(h/t @jonathanoosting)

3. Top election law scholar, Richard Pildes (my colleague @nyulaw; formerly @UMichLaw):

"the board’s legal duty is clear and unequivocal once it has received the certified vote totals from the counties"

also "unethical" not to certify

nytimes.com/2020/11/20/opi…
4. Some are reading Chatfield to be teeing up idea of "constitutional crisis" if board deadlocks and courts don't order board to certify. He doesn't dismiss idea of legislature then having role.

Time for @SenMikeShirkey to reiterate what he's said before.
nytimes.com/2020/11/19/us/…

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More from @rgoodlaw

Ryan Goodman Profile picture
23 Nov
Two issues with @GSAEmily deserve attention NOW.

Issue-1: With @Transition46 announcing senior official posts, a key part of Presidential Transition Act comes to head.

Need for expedited background investigations/clearances. THAT is what 9/11 Commission warned about.

<thread> Image
2. @kateashaw1 and I wrote about 9/11 Commission warnings and Presidential Transition Act provisions here👇

It's grossly unacceptable to delay with very significant risk to national security.

Senators should be asked about this, not just intel briefings

justsecurity.org/73317/the-gsas…
3. Presidential Transition Act:

"The President-elect should submit...the names of candidates for high level national security positions...AS SOON AS POSSIBLE after the date of the general elections"

Biden has done and is doing that.
Read 8 tweets
Ryan Goodman Profile picture
22 Nov
#CoupUpdate #Michigan

This is their play: Michigan Senate Majority Leader
@SenMikeShirkey who met with Trump now opening door to Board not certifying on Monday.👇

Despite law requiring certification, absence of fraud, and frivolous number of votes truly at issue in Detroit.
2. On the law.

"The board’s legal duty is clear and unequivocal once it has received the certified vote totals from the counties."

- top election law expert, Professor Richard Pildes

nytimes.com/2020/11/20/opi…
3. "On Friday, the State Bureau of Elections submitted its formal report recommending that the canvassing board affirm Mr. Biden’s win. Errors in some vote tabulations, which Mr. Trump has seized upon, ... 'did not affect the actual tabulation of votes.'”
nytimes.com/2020/11/21/us/…
Read 5 tweets
Ryan Goodman Profile picture
21 Nov
Who's in on the #CoupAttempt?

#Michigan state GOP and national GOP (Ronna McDaniel) ask state board of canvassers not to certify on Monday.

detroitnews.com/story/news/loc…
2. Their letter directly targets #WayneCounty (ie trying to cast doubt on hundreds of thousands of Black voters).
3. As @DNBethLeBlanc reports: "Affidavits filed in suits seeking to stop the Wayne County canvass...alleged barriers to poll challengers and irregularities...Elections officials have rebutted the claims, and a Wayne County judge and state Court of Appeals panel have agreed."
Read 5 tweets
Ryan Goodman Profile picture
20 Nov
Thank you, @SenBobCorker (former Republican Senator from Tennessee, former Chairman, Senate Foreign Relations Committee).

"Republicans have an obligation when the subject is of such importance to challenge demagoguery and patently false statements."

#CountryOverParty
2. Thank you, @SenJoniErnst (R-Iowa)

#CountryOverParty

forbes.com/sites/andrewso…
3. Thank you, @JeffFlake, Senator (R-Arizona) (retired)

#CountryOverParty #Democracy
Read 5 tweets
Ryan Goodman Profile picture
18 Nov
<thread> 2000 is a false precedent

@GSAEmily is claiming that the GSA delay in 2000 is a "precedent" for her inaction today (per CNN reporting).

Listen to the GSA administrator from 2000 (David J. Barram) explain why the two situations are "dramatically different."
2. In the same interview, former GSA administrator Barram explains that he delayed in year 2000 because the AP — what he calls “the gold standard of who calls it” — had not called the race.

That’s obviously also completely different in 2020.

Audio of that part of the interview:
3. To add an even stronger point to this, note that in year 2000, the AP NEVER called the race.👇

In contrast: In 2020, the AP has called the race six ways from Sunday (was first, with Fox News, to call AZ; long ago called PA and the race for Biden).

apnews.com/article/ap-exp…
Read 5 tweets
Ryan Goodman Profile picture
17 Nov
With NYT scoop on Trump's having eyed options to strike Iran, and may yet strike "Iranian assets and allies"

@EricSchmittNYT @maggieNYT @SangerNYT @helenecooper @jakesNYT report

Here are two significant legal issues...

First, just published.👇

<thread>
justsecurity.org/73412/revisiti…
2. Author of that @just_security article, Brian Finucane, is attorney-adviser in Dept of State, writing in his personal capacity.

He dissects flaws in 1989 OLC Opinion (written by Bill Barr at the time) that would allow POTUS to unilaterally use force in violation of UN Charter.
3. Finucane's longer law review article on the topic @Cornell_L_Rev is here:

papers.ssrn.com/sol3/papers.cf…
Read 4 tweets

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