According to John Eastman, "The Constitution assigns the power to the vice president as the ultimate arbiter" when electoral votes are counted.

(It's not true)

But does he still think that's true?

If Democrats create a dispute, can Kamala Harris pick the next president?
A key error here is that it assumes that the Electoral Count Act is illegal and assumes that states can set aside the laws they have on the books for allocating their electors.

In fact, rules governing the election have to be in place before the election.
The idea was to create chaos and give Trump's claim that he won the election more legitimacy.

He still wouldn't have stayed in the White House because this wouldn't have worked -- but it may have persuaded more people that Biden didn't win, which undermines the government.
That's the goal: Undermine and effectively destroy the federal government so that Republicans can take complete control.

That's what McConnell's latest is about, and why Republicans are trying to prolong the pandemic.

The side that wants to destroy has the easier job.
The courts would not have allowed this. The Supreme Court and other courts had plenty of chances to set aside the law and Constitution and hand the election to Trump.

But yes, it would have been a bigger mess partly because the plan to work needed Pence.
The Republican Party is now the party of insurrections and destruction.

But what I find interesting is that many of them come to a line they won't cross. The Supreme Court will not help create a tyrant (even a conservative one). Pence said no to this. . .etc.

I just gave 2. Pence said no to this.
Even very conservative courts had the chance to set aside the law and give the election to Trump.

Liz Cheney (archconservative) put on the brakes; the other Rs on the Select Committee, etc.

Nah, not this time.

Without support from the courts or the military (they'd have to literally do a military coup) he'd be out.

But he would have a lot more people believing he's the actual president.
Although I can see a scenario where he wasn't out on time.

I do think that the goal was to muddy up the waters and create massive chaos.

Trump probably also really thought enough people would come out with guns to keep him there. More people may have died, but he'd be out.

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More from @Teri_Kanefield

21 Sep
Let's be clear about what we're talking about with the attempted coup on January 6, including the new info in the John Eastman memo.

We're not talking about "another term" with Trump as president.

If he would have pulled this off, he would effectively be a dictator. . .

1/
Because he would have (1) overthrown an election and (2) installed himself as president in place of the duly elected president.

It would mean all democratic institutions had broken down.
It would also mean that the population would either tolerate it or be subdued by force.

2/
When we say "he came close" the question is "close to what?"

I believe we came close to a major constitutional crisis and possibly a great deal of violence and bloodshed.

3/
Read 11 tweets
19 Sep
Criminal Law for Twitter 101

For this week's video/blog post, an analysis of Trump’s criminal liability in Georgia (As I promised yesterday)

Spoiler: The correct answer to every legal question is: "It's complicated." (Alternate answer: "It depends.”)

1/
For people who prefer to read, here's a transcript.
terikanefield.com/trumps-crimina…

By the way, some of left-leaning Twitter has a weird* idea of criminal law and the justice system. They want justice to be swift and brutal.

The problem: That can backfire. Right?

*authoritarian

2/
For someone to be prosecuted, there has to be a specific statute on the books, and the prosecutor has to prove each element of the offense beyond a reasonable doubt. This is a high standard.

One question is whether Trump has violated Georgia Code § 21-2-604.

3/
Read 18 tweets
18 Sep
For all the people in my mentions saying this like this, please see the video I recorded last Sunday.

I think people are confusing "They're still fighting" with "they think they won."

I also find the "no consequences" peculiar. Trump lost. He's out of power . . .

1/
Dems hold both houses. (Slim majorities, but still)

Trump lawyers are being sanctions and disbarred.

Hundreds of insurrectionists are being criminally prosecuted.

Trump is facing countless lawsuits.

Criminal investigations are ongoing.

See:

2/
Okay, "We'd like to see all the people involved in jail," is quite different from, "There have been no consequences."

Right?


3/
Read 5 tweets
12 Sep
This week, I addressed this question about Republican attacks on democracy: “I honestly can’t take it anymore. When will it end?”

And this comment: “I’m really worried they’ll try again and next time they’ll succeed.”



I’ll have a transcript shortly.

1/
Scholars relied on: @dziblatt, Steven Levitsky, Max Weber, Lucan Way and, indirectly, @karen_stenner

After more ☕️ I'll come back and attempt a Twitter Summary.

The transcript is here: terikanefield.com/when-will-it-e…

2/
The latest attacks are in the Calfornia recall with a chorus of voices, including TFG, insisting that if Newsom wins, it will be because the election was rigged (CA went for Biden 63.5% to Trump 34.3)

The problem: A swatch of angry and militant Californians think it’s true.

3/
Read 22 tweets
8 Sep
This means that DeSantis is likely to keep losing.

The interesting question, of course, is why he's pushing a losing and unpopular issue.

The judge held that while Florida law gives parents control over their children's health, there is a clear exception . . .

1/
. . . for government actions that are (1) needed to protect public health and are (2) reasonable and limited in scope.

He said a school district’s decision to require student masking to prevent the spread of the virus falls within that exemption.

2/
I can't imagine such a debate. If Trump wants the nomination (and is in a position to be the nominee -- I am skeptical) I suspect everyone will step back.

I think the contest is to be Trump II

Read 4 tweets
6 Sep
Speaking of women as "host bodies" (we were speaking about that, weren't we?) this is from a 1908 Supreme Cort case on why legislatures were justified in passing laws that "protected" women.

supreme.justia.com/cases/federal/…
In fact, I'm stumbling on these because I'm reading my Ruth Bader Ginsburg book aloud for my YouTube channel. I'm up to chapter 9, but I haven't gotten around to posting them yet.
There are so many ways to understand what is happening in Texas.


One is as extreme reactionary / regressive: A desire to take us back to the "good old days."

The "again" in MAGA signifies reactionist politics.
Read 6 tweets

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