Thread by @themarketswork

1) I found this Hill article on Pence to be interesting. But maybe not for the reasons you might expect.

At least directly so.
thehill.com/regulation/cou…

2) Of note - a quote from Edward Foley:

“The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution.”

Foley, a lawyer/professor/WAPO contributor, is known for his Blue Shift theory

"election day results can initially indicate a Republican is ahead, but adding provisional ballots and absentee ballots into the count can eventually show a Democratic victory"
papers.ssrn.com/sol3/papers.cf…

4) Foley was also the author of a remarkably prescient late 2019 article:

Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management Election Risk Assessment and Management
lawecommons.luc.edu/cgi/viewconten…

5) Using his Blue Shift theory, Foley lays out several election scenarios that seem to be written w/almost backwards-looking clarity:

6) The only thing Foley seems to have gotten wrong is he has Warren instead of Biden. But otherwise....

7) I've known about this article for a bit and have sent it out before - precisely because of it's almost startling accuracy.

Give a read for yourself.

There's even a section on cyber-attacks. I'm not kidding. He discusses several possibilities/impacts from this alone.

8) But what caught my attention tonight was Foley's quote in the Hill article included in 1st tweet.

Foley's Hill quote on Pence appears at odds with what he wrote in the Loyola Law Journal.

9) Again, Foley in the Hill:

"The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution.”

10) Now, Foley in his 2019 law piece:

"Trump need not win in court in order to press his case to Congress. As long as he gets the state legislature to appoint his presidential electors directly, and those electors submit their purported electoral votes..."

11) "... to the President of the Senate—who happens to be his vice president, Mike Pence - he has a fighting chance."

12) In fairness to Foley, he spends a lot of time arguing against Pence doing so - and various measures Dems could try to pursue, but he acknowledges it's a real possibility - and far from clear-cut.

Pence is mentioned 51 times...

The 2019 article is a fascinatingly complex bit of election war-gaming that's so close to home as to be...well, you decide.

I'm going to spend some more time with what appears to be a virtual election roadmap.