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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NEW: Few people have been more integrally linked to Donald Trump’s Jan. 6 gambit than Matt Gaetz.
Now, a man who has done as much as anyone to rewrite the history of that effort, could lead the prosecutors who have called it a stain on our democracy. politico.com/news/2024/11/1…
Before Jan. 6, Gaetz fomented false claims of voter fraud, then joined strategy sessions with Trump and other GOP lawmakers about overturning the election. He was in a meeting with Pence before Jan. 6. politico.com/news/2024/11/1…
GAETZ would later ask repeatedly for a pardon, one Eric Herschmann described as so broad and unbounded it would be unworkable. politico.com/news/2024/11/1…
Already, DOJ was goin to struggle to charge the roughly 2,500-3,000 people estimated to be susceptible to charges by a Jan. 6, 2025 statute of limitations.
MORE: For now, DOJ appears poisted to press forward with new cases through Inauguration Day. It's prompting alarm from some Jan. 6 defendants who are urging Trump to call on the department to press pause *today.* politico.com/news/2024/11/0…
HAPPENING NOW: A federal judge in Georgia has thrown out the RNC's claim that Georgia counties broke the law by accepting absentee ballots over the weekend.
The judge says their complaint lacked a "basic level of statutory review and reading comprehension." Details TK
The judge says the RNC's argument that the counties somehow prevented poll watchers from being present during weekend hours is a "red herring" and that some of these counties have done this perfectly legal and well known process for years.
WOW: Judge Baker shreds the RNC for what he says was a cynical attempt to invalidate votes only in Democratic counties even though other counties were able to use the same procedures. Doing what the party wanted would violate state law, the constitution and "my oath," Baker said.
👀 The 5th Circuit just ruled that ballots must be received by Election Day and state laws allowing them to arrive later are preempted by federal law.
IMPORTANT: Though the circuit decision *could* theoretically impact this election cycle significantly, the panel left the decision on whether to apply it to this election cycle up to the district court judge who initally ruled the other way.
NEW: A judge threatened to order Merrick Garland and Jim Jordan into her courtroom next week if the House and DOJ couldn't resolve a subpoena dispute related to Hunter Biden.
The ultimatum led the House to back off — likely for good.
"Don't test me on this...I'm not bluffing," Judge Reyes, a Biden appointee warned the House and DOJ about her threat to force Garland/Jordan to attend court next week.
The fight is over a House subpoena to 2 DOJ line attorneys involved in Hunter probe. politico.com/news/2024/10/2…
NOTABLE: Reyes trapped House counsel Matthew Berry into appearing to concede that Jim Jordan's public reasons for blowing of the Jan. 6 committee's subpoena were not acceptable. politico.com/news/2024/10/2…
BREAKING: The Georgia Supreme Court has unanimously denied the an effort to quickly reinstate controversial rule changes approved by the State Election Board.
Unclear at the moment whether the court may still decide to order an expedited review of the appeal, but for now this keeps the Georgia state board's rules on hold. Awaiting clarity/paper on the decision.
UPDATE: The Georgia State Election Board's most controversial rules are dead for this election cycle. The state Supreme Court won't consider the matter until after the cycle is over, rejecting the RNC's bid for expedited review.