The article favored late impeachability, but it set out all the evidence I found on both sides--lots for them to use.
But in several places, they misrepresent what I wrote quite badly.
1/4
One odd thing they do is cite me citing other sources instead of just citing those sources (e.g., p.17 & n.47). Another more problematic thing: they suggest that I was endorsing an argument when what I actually did was note that argument--and reject it (e.g., p.21 n.57).
2/4
There are multiple examples of such flat-out misrepresentations. The worst is page 30. They write, "When a President is no longer in office, the objective of an impeachment ceases."79
N.79 starts: "Kalt at 66."
What I actually wrote on 66 (discussion continuing onto 67):
3/4
Again, my article presented all of the evidence I found on both sides, so there was lots for them to use fairly. They didn't have to be disingenuous and misleading like this.
The House managers' brief cited my article a lot too and, to their credit, did so honestly.
4/4
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The possibility of Biden being president w/ a Republican Senate has prompted many tweets about "acting" Cabinet secretaries. Almost every one I have seen gets two things wrong.
A corrective:
1. Presidents can't just name "anyone they want" as an acting Cabinet secretary...
1/4
Under the FVRA, which would cover most acting secretaries, an acting secretary must be either (1) the "first assistant," i.e., deputy secretary; (2) in some other Senate-confirmed position; or (3) someone who worked in the department for at least 90 days in the last year.
2/4
That significantly confines a new president's choices. For instance, while President Trump waited until April 2017 to get Sonny Perdue confirmed as Secretary of Agriculture, the acting secretary was an Obama holdover: 25-year Department of Agriculture veteran Michael Young.
3/4
With today's chatter about vote-counting processes, declaring winners on Election Day or not, etc., I want to recount a crazy, revealing story from the 2000 election that most people have forgotten about or never knew . . . because it happened in New Mexico and not Florida.
1/7
New Mexico saw about 600,000 votes cast. On election night, Gore led by about 5,000 and the networks initially declared him the winner.
Late Wednesday, a programming error was discovered that had excluded 67,000 votes from totals in Bernalillo County (the biggest county).
2/7
With those ballots counted (along with other missing ones that turned up on Thursday), Bush took a 4-vote lead. His lead grew a bit as counties settled minor discrepancies and re-canvassed.
But on 11/14, a week after election night, there was another dramatic reversal.
3/7
As expected, Speaker Pelosi's 25th Amendment talk today was on introducing the Raskin bill. This would create a bipartisan commission to substitute for the Cabinet in deciding when the president is "unable" under §4.
Tweeters are confused about what this means. Some notes:
1/5
* No one thinks this legislation will pass now. If it does, Trump would surely veto it.
* Legislation like this is provided for in §4. It says that the VP and Cabinet invoke §4, but that Congress can legislate a different body to substitute for the Cabinet in that process.
2/5
* The rest of §4 would still apply: VP would need to sign on before §4 could be invoked. If the president declares he's able, he'd retake power in time unless the commission, VP, and 2/3 of House and Senate agreed he's unable. The commission wouldn't have unilateral power.
3/5
I checked the data on previous Supreme Court vacancies near an election. Here's what I found:
Latest vacancy filled before the election: June 10, filled July 24. This was exceptional, though: Justice Hughes resigned in June after the Republicans nominated him for president.
1/8
That outlier aside, the latest is March 23 (Waite), filled July 20.
6 other vacancies arose later than that. Of those, 5 were only filled after inauguration. The 6th was filled soon after an election in which the president was reelected.
But that's not the whole picture.
2/8
10 vacancies arose during the lame-duck (betw. election and inauguration). Of them:
4—filled after inauguration.
3—filled during the lame-duck after the election kept the president's party in power.
3—filled during the lame-duck after the election shifted party control.
3/8