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: Arizona prosecutors have charged 11 fake electors for their roles in efforts to subvert the 2020 election. mcusercontent.com/cc1fad182b6d6f…
There are *seven* additional people charged in this indictment who have not yet been served. So their names remain redacted. mcusercontent.com/cc1fad182b6d6f…
There's some wild stuff in this newly unsealed (but heavily redacted) FBI interview from a high-level Trump-world person related to the classified docs investigation.
And while the interview is primarily about the docs investigation, this person apparently witnessed Jeff Clark hand Trump the letter about Georgia electors: storage.courtlistener.com/recap/gov.usco…
This person has a very low opinion of "person 24," who apparently tried to overplay a relationship with Trump and pushed the post-hoc claims that Trump had "declassified everything." storage.courtlistener.com/recap/gov.usco…
JUST IN: The DC Circuit has upheld the conviction of former Ron/Rand Paul aide Jesse BENTON for orchestrating an illegal payment from a Russian national to the Trump campaign and RNC. documentcloud.org/documents/2455…
Trump had previously pardoned Benton for *other* campaign finance crimes. The story of this particular contribution is really incredible. the Russian, Roman Vasilenko, really wanted to meet Oprah, Stephen Seagal or Jimmy Carter. documentcloud.org/documents/2455…
Forget the experts: Prosecutors and Trump defense lawyers have already told us what they think is necessary in four different Trump cases. And the questions they want(ed) to ask range from pointed and political to philosophical and a bit odd.
At bottom there are five clear categories aimed at delving into jurors’ minds:
-Opinions about Trump, the man and his presidency
-Views about Trump’s criminal cases
-Political views/activity
-News consumption
-Wildcards aimed at unearthing hidden biases
Some interesting tidbits in Walt Nauta’s May 2022 interview with the FBI. They clearly had some doubts about his veracity and whether he had been coached in his answers.
At one point, the agents appealed to him to make sure he’d be “on the Govrnment’s side with this” because people risk/lose their lives to collect classified intel storage.courtlistener.com/recap/gov.usco…
This is where the FBI agents seem to indicate Nauta’s story doesn’t check out, and it’s where the interview gets a little tenser.
JUST IN: Jack Smith files his opening brief at the Supreme Court re: presidential immunity. The crux: Criminal law includes a million safeguards and due process protections that render Trump's claims about politically motivated prosecutions meritless. supremecourt.gov/DocketPDF/23/2…
👀 Smith argues that even if the Supreme Court sharply narrows the obstruction statute in Fischer, Trump's two obstruction counts are still valid because it would apply to the "creation" of false documents (a.k.a. elector certificates. supremecourt.gov/DocketPDF/23/2…
NEW: Jack Smith argues that Trump's involvement in the false electors plot will salvage the obstruction charges against him no matter what the Supreme Court does in United States v. Fischer.