Usually no one pays attention to Jan. 6 after a presidential election. But today the world is watching. Follow along, if you dare, as we watch Congress. We know the outcome: Joe Biden's win will be official. But it could be bumpy. 1/
What normally happens? A fairly boring, routine joint meeting of the Senate and House in which they open the electoral college votes from each state, in alphabetical order. Senators and House members can object, but it's usually not drawn out. 2/
The vice president presides as the the president of the Senate. There are two "tellers" from each House. The process goes through all 50 states and DC, and the winner is announced. All routine. Even Al Gore presided to announce his own loss in Jan 2001. 3/
But today, a few rogue Republicans plan to muck up the process to object to several states' votes. Not because they have any evidence of any problems--there isn't any. They are lying just because their preferred candidate lost. This is anti-democracy conduct. 4/
As @derektmuller explains in @nytimes, Dems objected to EC votes in 2001, 2005, and 2016. It takes an objection from a member of both Houses to move to a two hour debate. That happened in 2005. Big difference in context: the pres candidate had conceded. 5/ nytimes.com/2021/01/06/opi…
NEW: important letter from VP saying that he cannot unilaterally change the presidential election outcome.
Wolf Blizter just said on CNN that "I'm sure this was a difficult thing to do for the Vice President."
Ummm...upholding your oath of office and the Constitution should not be difficult. 7/
Here we go...starting with Alabama. 8/
Pence clearly showing he is going to play this straight, not allowing an inquiry about how to make an objection from the gallery because debate is not allowed under the Electoral Count Act. 9/
Want to read some of the most convoluted law out there? Check out the Electoral Count Act, which governs this proceeding: law.cornell.edu/uscode/text/3/… 10/
Here comes Arizona, which will likely be the first objection. If the objection is joined by one member of the Senate and one member of the House, then the chambers retire for two hours of debate. 11/
During those two hours, each member can speak for 5 minutes. Debate is cut off after 2 hours.
The Electoral College votes must be counted unless both Houses object. 12/
There was just a standing ovation for the objection to Arizona's Electoral College votes.
They were literally standing to object to democracy. Unbelievable. 13/
Let's be clear: there was ZERO problems with the election in Arizona. They are simply upset that Trump lost.
Democracy can't work if the losing side won't accept defeat. 14/
To anyone saying that it's ok for Repubs to do this because Dems did it in 2005 for OH:
1. Two wrongs don't make a right. 2. The context was very different--there, the losing candidate conceded he lost and objectors explicitly said they weren't trying to change the results. 15/
Debate in the House begins with Rep Steve Scalise. He claims that states didn't use the process required by the Constitution. (He's invoking the "independent state legislature doctrine.")
That is just factually inaccurate. He is lying. 17/
To be clear: states changed their election rules to respond to the pandemic. Some did it through the legislature. Some did it by executive order or SOS authority--given by the legislature! And fed. and state courts heard numerous challenges. 18/
Scalise won his election in Louisiana--which changed election rules.
So he thinks his own election should be called into question as well?! 19/
McConnell making a forceful statement explaining that there is no evidence of massive voter fraud or other problems.
BREAKING: I FINALLY AGREE WITH MCCONNELL ABOUT VOTING RIGHTS! 20/
McConnell: "This election was not actually unusually close."
When it came down to it, McConnell is standing up for democracy. 21/
This sure doesn't sound like the Mitch McConnell I've come to (not) love. Talking about bipartisanship, needing to work together, etc. Perhaps last night's results in Georgia are on his mind...? 22/
I mean, I love this speech from McConnell, but he should have said this two months ago. It could have reduced a lot of this chaos. 23/
What we're seeing: American democracy survives today.
But just imagine if this had actually been a close election, perhaps down to one state and 537 votes in that state, to choose a not-random number. We could be in an even scarier place. 26/
Pretty stark contrast between Mitch McConnell and Chuck Schumer extolling the virtues of democracy and the losing side accept their defeat, and reports that House members are sheltering in place and their staffs evacuating.
Ted Cruz says to Dems "your guy is winning right now. If Democrats vote as a bloc, Joe Biden will almost certainly" become the next president.
"almost certainly."
He's delusional. 28/
Cruz keeps talking about how many people think the election was rigged.
BUT THAT BECAUSE YOU KEEP SAYING IT WAS RIGGED!
29/
Cruz asks for an electoral commission, pointing to the Hayes-Tilden dispute of 1877. But Congress passed the Electoral Count Act of 1887 specifically because of the problems in how that election was resolved!
He wants a "credible impartial body." Over 60 courts don't count? 30/
Hopped over to House for a minute. Rep Mast from FL says election isn't final because Supreme Court hasn't decided.
That's of course ridiculous. SCOTUS doesn't take every case appealed to it. If it thought there was an issue needing resolution, it would have taken the case. 31/
Senator Toomey makes a intellectually consistent argument: why are they only objecting to the swing states that Trump lost? Why not North Carolina or California?
Nice to hear this from the R side. 32/
Meanwhile...what is happening at the Capitol is just heartbreaking and despicable. 33/
Joe Biden will still become president on Jan. 20. These thugs won't change that fact.
But it's still a sad day for American democracy. 36/
This thread feels like it was years ago. But here we go again. Hopefully this will go a lot more smoothly. We are moving on to the other states in alphabetical order. 37/
Georgia: an objection from House members. Lies about fraud and irregularities. No Senator joins. The objection cannot move forward. This is good. (But really it shouldn't have been a question.) 38/
R's had said they were concerned about 6 states (AZ, GA, MI, NV, PA, WI). (Not surprisingly, all swing states Biden won.) There will likely be an objection to PA based on Hawley's statements. Perhaps no others. 39/
The past several minutes shows how this is supposed to work. Boring. Routine. Ministerial. We'll see how long this lasts... 40/
Not long. Objections from the House from MI. More lies about integrity concerns and that claims haven't been heard by courts. But no Senator joins, so the objection fails.
Looks like the only joint objection left may be for PA. 41/
Nevada: More crazy objections. More lies. But once again there is no Senator who joins, so this objection fails. 42/
It's just mind boggling to me that dozens of House Republicans are still proceeding with these objections after what happened today. Power corrupts. 43/
Remember their names. Vote them out in the next election. 44/
Pennsylvania: Shameful objection, signed by Senator Hawley.
So we go to two hours of debate in each chamber. Shameful.
Sigh. Grab your coffee. 45/
As we wait for the debate in each chamber, reminder that Hawley is just plain lying that the PA courts have not reviewed the Pennsylvania's legislature's expansion of absentee balloting. 46/
No Senator wants to debate Hawley's objection to PA.
What was the point of this?! There was literally an insurrection at the Capitol and Hawley still thinks this is just political theater to score some points. Despicable. 48/
Hawley votes yes on this objection. So...yeah, he doesn't believe in democracy and he's put it on the record once again. 49/
7 members of the Senate (Cruz, Hawley, Hyde-Smith, Lummis, Marshall, Rick Scott, Tuberville) object to PA's electoral college votes, seeking to disenfranchise millions--and showing that they do not believe in democracy. 50/
Steve with a comparison between the Senate objections in AZ and PA. 51/
It's so sickening to listen to these House members lie about the sanctity of PA's election process. It was secure. It was lawful. There were no problems with election integrity. And Biden won by a huge amount. 52/
Rep. Crazypants (Majorie Taylor Greene) just said that all of the cases about the election have been thrown out based on standing.
Rep. Yvette Herrell just won her seat to Congress. Her first speech on the House floor is to object to PA's Electoral College votes and disenfranchise millions of people. She violated her oath right of the bat. 54/
These Republicans objecting to PA's Electoral College votes are acting as if nothing happened earlier today. Unbelievable. 55/
Rep. Conor Lamb @ConorLambPA, in response to Republicans objecting to his comments: "the truth hurts!" 56/
Another brand-new House member, @CawthornforNC, *who won his seat after the state board changed election rules because of the pandemic!* is objecting to PA's Electoral College votes because that state changed its laws.
How do these people look themselves in the mirror?
57/
.@MikeKellyPA asks "Was Act 77 constitutional or unconstitutional?"
The Republican-controlled state legislature enacted the law. No one challenged its constitutionality until after the election. The PA Supreme Court noted the legislature's intent to make it easier to vote. 58/
.@jamie_raskin's speech was beautiful. He was an election law and Con Law prof before he became a Member of Congress. He lives and breathes the ideals of our democracy. 59/
121 Members of Congress objected to the AZ Electoral College votes.
133 have voted for the PA objection (so far).
THE NUMBER OF OBJECTORS HAVE GONE UP AFTER ALL OF THIS! 60/
Final tally: 138 Republicans chose to undo the will of the PA voters, hours after insurrectionists took over the Capitol.
61/
This should be over soon. Pence will declare that the PA objection failed. They'll go through the remainder of the states. Biden will be declared the winner of the presidency with 306 votes. 62/
Vermont puts Biden over 270, a majority of Electoral College votes. 63/
Wisconsin: another crazy objection with additional crazy lies about voter fraud. A Senator "has withdrawn" his objection, so this objection fails. 64/
And with that, over 14 and a half hours later, we have endured an insurrection, numerous lies, and anti-democracy conduct...but have completed the Electoral College vote count pursuant to the U.S. Constitution and federal law. [end scene]
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At the request of some KY-based reporters, here are my thoughts on the 25th Amendment and impeachment:
As a law professor focusing on election law, voting rights, and constitutional law, I teach my students to uphold the rule of law and fight for justice. The events of January 6, 2021 demonstrate that the President of the United States has failed...
... to remain faithful to these ideals.President Trump took an oath of office to preserve, protect, and defend the U.S. Constitution. The events of the past few days have demonstrated that he has no interest in doing so.
THREAD: Just a small sampling of the times that judges (many of them appointed by Trump) rejected claims of election integrity issues, and not just on technical grounds.
THREAD: It's Electoral College day! The Electoral College meets today--but not all together! The 538 members who will vote for president will meet in each state. The process is almost as arcane as its manner of representation to select the president. Some details... 1/
In 33 states (and D.C.), electors are required to vote for whoever won their state. The Supreme Court upheld these "faithless elector" laws earlier this year. In 17 states, electors can vote for whoever, though no one will change their votes this year. 2/ fairvote.org/faithless_elec…
🚨This is shocking: Trump apparently "reached out" to the two Republican Wayne County Commissioners. The next day, they signed an affidavit saying they want to rescind their votes to certify the results.
Channeling @BrendanNyhan, what you say if you saw this in another country.
Justice Alito writes for himself, Thomas, and Gorsuch. Barrett did not participate.
Alito starts off ominously: he fears "serious post-election problems" with PA Supreme Court decision. 2/
Alito makes uses some odd phrasing in his statement.
-He notes that PA Supreme Court was 4-3. So what?
-He uses “natural disaster,” in quotes as explaining the justification the PA Supreme Court gave for its ruling.
The contempt for the state supreme court just oozes out. 3/
The basic gist here is that not requiring masks at the polls disproportionately harm minority voters because they are at greater risk of COVID-19--so they are less likely to feel comfortable voting.
Texas is one of only 5 states that won't let anyone vote by mail cause of COVID concerns. So these voters face the choice of going to the polls with a higher risk or not voting. Court finds the effect of the mask mandate violates the VRA.