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.
His phone call with Georgia Secretary of State Brad Raffensperger, seeking to “find” enough votes to allow him to win the state, was a direct attack on the 2020 presidential election.
The incitement to his supporters to violence and his continued lies about voter fraud and a “stolen” election—which have had serious, violent consequences at the U.S. Capitol—demonstrate that Trump is incapable and uninterested in preserving the Constitution.
Vice President Mike Pence and the cabinet should invoke the 25th Amendment to remove Trump from office. Congress, after finalizing the count of the Electoral College votes, should begin impeachment proceedings immediately...
...so that Trump can no longer tear apart the fabric of our democracy, even during his last two weeks until President-Elect Joe Biden takes office. Impeaching and convicting Trump would also make him ineligible to hold future office.
Generally, a president should be allowed to serve out his term. But these are not normal times and Trump has shown that he is incapable of bringing the country together to uphold American democracy.

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More from @JoshuaADouglas

6 Jan
THREAD: ELECTORAL COUNT ACT DAY.

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/
Read 65 tweets
4 Jan
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.

First up, Judge Bibas in 3rd Cir. www2.ca3.uscourts.gov/opinarch/20337… 1/
Next, Judge Ludwig of Wisconsin. wpr.org/sites/default/… 2/
Third, Judge Grimberg in Georgia, explaining that Lin Wood had presented "insubstantial evidence." courtlistener.com/recap/gov.usco… 3/
Read 5 tweets
14 Dec 20
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…
The electors will meet throughout the day. Here's a useful chart of the times from @OSULawExperts 3/ u.osu.edu/electionlaw/20…
Read 7 tweets
19 Nov 20
🚨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.
This tidbit is in the middle of the AP story. Not sure why it's not the lede.

Of course, it's not clear how Trump "reached out" and it's from an anonymous source.

Still...shouldn't *this* be the story?
McConnell and others should have spoken up to declare Biden the President-Elect weeks ago.

Their failure to act is deafening and leads to these kinds of actions.

cnn.com/2020/11/06/opi…
Read 5 tweets
28 Oct 20
BIG: #SCOTUS rejects PA Republicans' attempt to put on hold PA Supreme Court decision extending absentee ballot deadline by 3 days.

SCARY: Three justices think the Court should reverse

OH DEAR: "Additional opinions may follow" 1/

supremecourt.gov/opinions/20pdf…
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/
Read 7 tweets
28 Oct 20
This is an interesting opinion written by a Trump-appointed district judge on mask mandates and the Voting Rights Act.

Is this a change in the voting rules that the 5th Circuit will reverse? We shall see.
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.
Read 7 tweets

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