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4 Jan, 4 tweets, 1 min read
Re: the "criminality" in the latest Trump call: washingtonpost.com/opinions/2021/…
When you listen to the tape, what's most striking is that he really sounds like he believes that he's been robbed of the election. Like he really believes there were hundreds of thousands of ballots stolen or reversed — and is pleading with the SOS to reverse a crime.
If that's true, this doesn't evince a crime. It evinces that the man has no connection to reality.
Impeachment isn't the remedy for that. The 25th Amendment is. govinfo.gov/content/pkg/GP…

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More from @lessig

Lessig Profile picture
16 Dec 20
Thanks for the careful reply.
I am sorry if my essay created fear. But against the background of endless articles describing what they are not actually trying, it seems fair and right to describe what they are actually trying — §2.
IF (all caps intended) they can get legislatures to act (which having alternative slates vote buys them time to try), their whole fight will be §2 vs §15.
Read 16 tweets
Lessig Profile picture
11 Nov 20
1/ Ugh, this is so fracking frustrating: NO, @USATODAY, this is NOT a “fact” that is “true.” usatoday.com/story/news/fac…

And the idea you would represent a complicated legal argument like this is completely irresponsible.
2/ There is NO LEGAL AUTHORITY for the proposition that AFTER a legislature has vested the choice of electors in the people, the legislature can recall that power and vest it differently.

It has literally NEVER happened.
3/ And the clear import of the recent (unanimous) "faithless elector" case is that they couldn't.

We know the framers were certainly not intending to give LEGISLATURES the power to pick the President. They expressly considered that and they expressly rejected it.
Read 4 tweets
Lessig Profile picture
26 May 20
The backsliding has begun. Four weeks ago, 4 states representing 4.9% of the population had R(t) numbers greater than 1. Today, it is 5 states representing 12.4%.

rt.live

#COVI19
One day later: 9 states representing 17.5% of the US population. #Backsliding
Two days later: 11 states, representing 22.4% of the population. #backsliding
Read 5 tweets
Lessig Profile picture
14 Jan 20
On @JBenton's "disappoint[ment]": threadreaderapp.com/thread/1216772…

(1/11)
Imagine I said:

"If you drink alcohol, stay hydrated by drinking water. But NEVER drink rubbing alcohol."

Would a true summary of my statement be:

"Lessig Doubles Down: IF you drink rubbing alcohol, mix it with water" ?

(2/11)
B/c that's precisely the form of what I wrote in my Medium piece:

"IF you take Type 3 donations, do so anonymously. But NEVER take Epstein donations."

That statement is NOT truthfully summarized:

"Lessig doubles down: IF you take Epstein's money, do it in secret."

(3/11)
Read 11 tweets
Lessig Profile picture
20 Jun 19
Ok, so seriously: this argument of some on the right that

BECAUSE "we're not a democracy, we're a Republic"

THEREFORE majority rule does not apply

is just stupidly silly and criminally ignorant about our actual history.

(FWIW: @cbinlosangeles)
I have already once made the point that by "Republic" the framers meant a "representative democracy" — so, e.g., if a "Ford truck" is a "truck," then a "representative democracy" (aka, "Republic") is a "democracy." See bit.ly/ARepublic
Not a "direct democracy," no doubt. And no doubt, the framers were not fans of direct democracy. But a "direct democracy" is just one form of "democracy," just as a "representative democracy" is too.
Read 16 tweets

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