Polling aggregators like @FiveThirtyEight should take a hard look @Rasmussen_Poll's threads yesterday spreading false pro-coup propaganda in favor of Pence overturning an election.
@NateSilver538 et al. exclude unreliable polling firms.
@Rasmussen_Poll has burned its credibility.
Here's the @Rasmussen_Poll thread, first quoting Stalin. Not ironically. It gets worse, because it is serious about authoritarian tactics to override an election.
@Rasmussen_Poll's next tweet is false and a flagrant misrepresentation of the 12th Amendment, as a matter of basic reading comprehension:
4/ The 12th A:
"The President of the Senate *shall,* in the presence of the Senate and House of Reps, *open* *all* the certificates and the votes *shall then be counted.*"

Note the shift from active to passive voice. Because it's Congress who shall be doing the counting.
5/ I have a blogpost and threads explaining the 12th A. & the Electoral College Act here.
The point is that @Rasmussen_Poll is spreading plainly false anti-democratic propaganda like a QAnon troll...
shugerblog.com/2020/12/26/pen…
6/ The tweet below is plainly false.
The presidency is obviously not "in the vice president's hands" with "plenary and unappealable" authority.
This is blatant ignorant nonsense.
If the 12th A. says "shall," and the VP refuses, that's appealable.
7/ I discuss the Electoral Count Act in a blogpost above & the thread here. The 12th A. gives no role to the VP to address disputes.
Instead, it implicitly but obviously delegates to Congress, which laid out the process for disputing electors in 1887:
8/ @Rasmussen_Poll amplifies false assertions of voter fraud.
After 60 court decisions & several recounts, the Trump legal team has proven *not a single incident* of voter fraud for Biden. Many of those court decisions rejected all of Trump's claims.
9/ @Rasmussen_Poll concludes by linking/quoting internet troll "Macris" promoting a Pence coup.
Macris's bio:
"Entrepreneur, game designer, writer, comic book creator, internet supervillain."
His historical claim about Jefferson is wildly misleading.
10/ I just did 5 minutes of reading the posts by "Macris."

On Nov 18, Macris called on Trump to invoke martial law, trigger a civil war, & then included an analysis of race & gun ownership that implicitly argues that whites would win a race war:
macris.substack.com/p/trump-at-the…
11/ I'm not exaggerating. @Rasmussen_Poll is relying on the legal analysis of Macris, a far-right wing conspiracy troll endorsing martial law, an armed militia coup, and a full-blown civil war. See his alarming analysis of gun ownership by racial groups below: Image
12/ @Rasmussen_Poll and Macris misrepresent what Jefferson did in 1800.
Ackerman & Fontana did indeed find that there were some formal problems with the Georgia certificates, but no one in Congress offered any substantive dispute. Article linked here:
13/ In the end, @Rasmussen_Poll quotes the pro-Trump martial-law civil-war-endorsing "Macris's" misrepresentations to create a precedent for Pence's coup.

I don't see how Rasmussen retains any credibility as a pollster in any democracy.

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More from @jedshug

30 Dec
My vote for Tweet of the year:
Leading Republican @SenMikeLee confesses that they don’t believe in democracy...

but some other values that reflect theocracy, plutocracy, and authoritarian order. Perfectly explains GOP efforts to support a coup.

Plus a chef’s kiss misspelling.
True story thread: I met Senator Lee when he and I won Harvard Federalist Society Awards (they honored my open-minded teaching, as a liberal prof open to conservative & libertarian ideas). I gave a talk about judicial independence and the importance of the rule of law... 1/
2/ I said the rule of law is not a Republican idea or a Democratic idea, but among the core ideas of republicanism and democracy, along w/ liberty and equality.
@SenMikeLee gets up & says something like, “Folks, we need more liberals like that. And more professors like that.”...
Read 5 tweets
28 Dec
Republicans file another delusional lawsuit today:
Gohmert v. Pence.
Text of complaint linked here.
Last week, I explained why Pence can't overturn the 2020 election b/c of the 12th A. & the Electoral Count Act.
This GOP complaint is nonsense.
/Thread/
electioncases.osu.edu/wp-content/upl…
2/ My thread last Friday here:
"I've been getting inquiries worrying that Pence will block the Biden electoral college win when he presides in the Senate on Jan 6.
Don't worry.
Neither the 12th A nor the Electoral Count Act gives him that power."
3/ I turned the thread into this blogpost linked below (for easier sharing with my non-Twitter-using anxious older relatives).
Next, I'll explain why this new lawsuit is baseless and moot.
shugerblog.com/2020/12/26/pen…
Read 16 tweets
27 Dec
Fitzmagic with one of most amazing plays ever, due to a flagrant facemask while throwing blind...
But also the dumbest Raiders coverage imaginable w/ 18 seconds left, no TOs, needing 50 yards...
espn.com/video/clip?id=…
2/ The Raiders should want the Dolphins to try a short pass or anything in the middle of the field.
Instead, CB Damon Arnette (20) plays WR Hollins close to the line, fails to bump him, and lets him run right by.
Meanwhile LB Cory Littleton plays the short middle of the field...
3/ Here is Arnette letting Hollins get behind him, but the key error is LB Cory Littleton inexplicably breaking toward the middle of the field at the 40 (where he should want the pass to be caught!) instead of breaking to the deep sideline (the only place that matters!)
Read 4 tweets
25 Dec
I've been getting inquiries worrying that Pence will block the Biden electoral college win when he presides in the Senate on January 6th.
Don't worry.
Neither the 12th A nor the Electoral Count Act does not give him that power.
*Short* thread 1/
2/ The 12th Amendment merely designates the President of the Senate (the VP) to "open all the certificates." But then uses the passive voice: "the votes shall then be counted."
Implicitly, Congress does the counting.
The Electoral Count Act is more detailed on the count process.
3/ Sorry for the double negative in the first tweet.
I meant:
"Neither the 12th A nor the Electoral Count Act gives [the Vice President] that power."...
Read 12 tweets
24 Dec
A worthy 3d option if Trump self-pardons, @eliehonig @AshaRangappa_:
3) DOJ's Office of Legal Counsel writes the first in-depth memo explaining why self-pardons are invalid. New AG says declining to prosecute is discretion, not acceptance.
Then let state prosecutors indict Trump.
I get the need to negate the damage Trump has done.
But sometimes "negating" doesn't mean prosecuting.

We can undo Trump's damage by restoring DOJ independence, using executive power thoughtfully, & embracing federalism.
Let's avoid Pardon Panic:
To all of you celebrating Christmas, merry Christmas.
As a progressive Jew, I'll embrace Christmas & mercy:

Let's stop hating on pardons.
Yes, Trump is abusing this power, and I've proposed moderate judicial checks, but let's not over-react/ over-correct.
More mercy, not less.
Read 5 tweets
21 Dec
Read this by Erica Newland, who worked in DOJ's Office of Legal Counsel 2016-18, showing a glimpse of Steve Engel's disastrous role.

Sessions & Barr are household-name villains, but it's time to examine other lawyers who enabled Trump's crimes.
/Thread. nytimes.com/2020/12/20/opi…
2/ In this thread, I focus on one pivotal episode in which Engel covered up key facts about Trump's Ukraine bribery/conspiracy felony.
Engel tried to bury the whisteblower complaint.
Some background/reminder first:
cnn.com/politics/live-…
3/ The phone call was July 25, 2019.
The whistleblower filed a complaint w/ IG Atkinson Aug 12, who found it "an urgent concern" on Aug 26.
Under the Intelligence Community Whistleblower Protection Act, the DNI (Maguire) should have sent it to Congress w/in 7 days...
Read 9 tweets

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