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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HAPPENING NOW: Judge Howell is lighting into Giuliani for violating an order — that he voluntarily entered into — against further defaming Ruby Freeman and Shaye Moss.
Moments before the hearing began, Giuliani attacked Howell as "bloodthirsty." He keeps trying to speak over her
Giuliani is attacking Howell even as the hearing is underway.
GIULIANI is taking the stand as lawyers argue over the worth of his assets that are not already subject to the Moss/Freeman deposition litigation. He has been sworn in. Howell emphasizes this will be brief.
BREAKING: Cannon has blocked DOJ from releasing Smith’s report until further court proceedings
MORE: Cannon's order came wthout addressing questions about her jurisdiction (the case is pending before the 11th circuit, not her court) and in advance of a promised filing from Smith's office later tonight.
DOJ had also assured her the report wouldn't come before Jan. 10.
ALSO: The order does NOT bar Trump or his codefendants from sharing aspects of the report, even though they have spent three days reviewing it. DOJ said earlier today that Trump inappropriately shared details of the report in a court filing yesterday.
BREAKING: Donald Trump's former former codefendants in Florida, are asking Judge Cannon to block Jack Smith from publcly releasing a final report. s3.documentcloud.org/documents/2547…
MORE: Trump himself is asking Attorney General Merrick Garland to block Jack Smith form releasing a final report, claiming it would violate presidential transition laws and infringe on his constitutional immunity from criminal procedures. He wants Garland to let Bondi decide.
Trump's lawyers have reviewed Smith's "two volume report" for the past three days at the special counsel's office.
Steve Bannon suggested on Jan. 8, 2021 that Trump allies “turn up the heat.” The Jan. 6 committee got the texts from Alexandra Preate, who Trump just appointed to a senior Treasury post.
It wasn’t just GOP lawmakers urging Trump’s national security adviser Robert O’Brien to stay in his job after Jan. 6. O’Brien testified that President-elect Joe Biden conveyed the same request through aide Jake Sullivan. politico.com/news/2023/01/0…
MARK MILLEY said he pushed back in discussions about recalling and court martialing former military officers that were critical of Trump.
Few lawmakers did more of a Hamlet act around Trump’s effort to overturn the election than Mike Lee. He started out on Nov. 7 - mid-November as full-throated backer of Trump taking legal action to keep his chances alive.
It was around that time that Lee began advocating for Trump to consult with attorney Sidney Powell, who he called a “straight shooter.” (Texts btw Lee and Meadows courtesy of CNN)
That changed after Powell’s press conference. Lee said Powell was a defamation risk and could cause people to sue Trump.