#Michigan update

Republican member of Board of State Canvassers–Aaron Van Langevelde–opening remarks indicate he knows his legal obligation is to certify.👇

Caution: He might well change after public remarks, or shift to delay. But a positive sign for #democracy and rule of law
2. #Michigan - another positive development:

Republican member of the Board, Aaron Van Langevelde, appears to have equipped himself well.

Excellent Q&A with Chris Thomas, former MI election director, walking through in agreement that Board has no authority here but to certify.
3. Other Republican member of Board, Norman Shinkle, looks outgunned by legal analysis by Chris Thomas.

Shinkle probed if there are ways to read law to allow delay, but Thomas is impressive in explaining why MI law does not allow it.

Board just needs 3 of 4 votes to certify.
4. #Michigan another positive sign:

Van Langevelde Q&A with @jefftimmer, former Republican member of Michigan Board:

Van Langevelde says very credibly that he’s trying to inform the public that the Board has no authority but to certify. Their exchange confirms this.
5. Republican board member Shinkle questioned
Detroit elections director Dan Baxter about process (eg reason for low # of Repub poll workers).

Worth considering whether that line of question is itself out of bounds with Board's delimited legal authority.
6. A delay tactic?

Shinkle asks if a specific person is on the list to speak.

He's told she is not, though an invitation went out.

Shinkle says he had wanted her summoned (not just invited) and says she is "a critical witness."

7. Strongest sign yet will end today with #Michigancertification

Attorney Van Langevelde appears to have mastered the law:

"There is nothing in the law that gives me the authority to request an audit."

Rejects claims by Charles Spies, rep for John James
8. The person who Shinkle claimed was a "critical witness" (Janice Winfrey) is now participating.

Wipes away a potential procedural complaint Shinkle might have raised.
9. Monica Palmer, Wayne County Republican board member, unintentionally gives away a part of the game.

She admits: "I should have realized that the law does not allow for that audit to happen before your certification."

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More from @rgoodlaw

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>
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
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
22 Nov
#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…
Read 4 tweets
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
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
3. Thank you, @JeffFlake, Senator (R-Arizona) (retired)

#CountryOverParty #Democracy
Read 5 tweets
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

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