It's 2:55 a.m. and I just figured out how Pence massaged the rules of the Electoral College counting session to avoid introducing the "rival" slates of Trump electors.
These are the instructions VPs have given out at the start in each of the last 5. Note the difference?
TLDR: The law specifies that the VP must introduce all "purported" electoral votes. This year, that might've included the unserious/mock Trump electors.
But Pence worked with the parliamentarian to interpret it so only electors backed by a state "authority" would be introduced.
Note how Pence emphasizes, before introduced each state that not only is the slate of electors "regular" and "authentic," but that the parliamentarian has advised him is the only one backed by a state "authority."
That is not a regular acknowledgment at these sessions.
A lot of people interested in this process. Even had Pence introduced these electors, which it’s not entirely clear he had authority to do, they would be legally invalid and unable to be counted by Congress. It would have accomplished nothing except making a lot of people angrier
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BREAKING: USCP is arresting Enrique Tarrio for swiping his hand at a counterprotester who got in his face.
Tarrio had just left a press conference at the Capitol with dozens of pardoned Jan. 6 defendants announcing plans to sue DOJ. He was exchanging info with a photographer when the incident occurred.
Here’s the group just before the press conference, which drew a small number of (loud) counterprotesters
JUST IN: Another medical horror story in a court affidavit from a USAID employee stationed overseas. Says his pregnant wife was not medevac-ed for emergency health care because of directives from Washington. Took intervention of a U.S. senator to reverse — but was too late.
The employee, identified only as Terry Doe, says he’s been in touch with 25 other pregnant foreign service officers who are fearful their care will be cut off if the agency closes down completely on March 8.
WOW: Judge Reyes just absolutely tore into the lawyers for the fired IGs, saying they waited 21 days to file suit and then demanded emergency same-day relief.
She forced them to withdraw their TRO motion and threatened them with sanctions.
Reyes was livid that the lawyers for the IGs compared their case to the recently decided case of fired ethics watchdog Hampton Dellinger. She pointed out why those cases are nothing alike and wondered why the IGs would even try to compare them.
MORE: When Reyes asked DOJ if they wanted to weigh in the attorney, having just watched the obliteration of his adversary, meekly replied, "Um, ah, nothing from the government." Smart move.
HAPPENING NOW: Judge Chutkan is holding a hearing on state AGs' effort to stop Elon Musk and DOGE's entire government operation.
Lawyer for NM says Musk is a "literal wrecking ball"
Chutkan is skeptical of urgency of an immediate restraining order.
Chutkan is not buying the demand for extraordinary emergency relief. The states might have a case, she says, but not necessarily for an immediate restraiing order.
The states say Musk likes to work the weekend so he might cause harm this weeknd. Chutkan says that's not enough.
Chutkan's main issue is the breadth of what states are asking for. She says she understands states concerns given the "unpredctability" and pace of DOGE's actions. But a TRO against Musk and everything he does seems too broad, she says.
WHILE YOU WERE SLEEPING (again): The Justice Department asked a court to urgently “dissolve” or “modify/clarify” the sweeping order that blocks Musk allies — and political leadership in Treasury from accessing the government’s massive payment system. storage.courtlistener.com/recap/gov.usco…x.com/kyledcheney/st…
The order describes Judge Engelmayer’s original block as an “impermissible” incursion on the Executive Branch and an “anti-constitutional” move that damages Treasury leadership’s ability to do its job.
NOTABLE: The Trump admin is already negotiating with the states who filed the lawsuit to narrow the order. And the judge currently presiding over the case has ordered this to move lightning fast.
BREAKING: Judge Nichols has issued his written order formalizing his decision to block the Trump administration from putting 2,200 USAID workers on leave tonight.
Nichols also has blocked the expedited "repatriation" of 1,400 foreign service officers ordered as part of the dismantling of USAID. politico.com/news/2025/02/0…
NICHOLS: "Administrative leave in Syria is not the same as administrative leave in Bethesda."