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22 Oct, 8 tweets, 2 min read
The headline here is John Eastman is backpedaling because he's losing and he was caught in still more lies in the National Review interview.
And Eastman's whole point is preposterous: he put "crazy" wrong theories in a legal memo from him to be distributed to others, without even noting that the arguments are weak or don't represent his own views? No respectable lawyer does that in giving legal advice.
And even now Eastman hedges, saying the issue of the VP's authority to unilaterally reject electoral votes is not "resolved." Absurd and dangerous.
Today I shall write a memo laying out crazy options you should not do. I will sign my name to it and I will not indicate on the memo that I think your choices are crazy.

Happens. Every. Day. #Eastman
John Eastman literally told NR to call him "the white knight hero" trying to save the Republic from what Trump wanted to do. Delusional or desperate....it doesn't look good either way.
Eastman at Willard hotel meeting
Link to last piece: washingtonpost.com/investigations…

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More from @rickhasen

Rick Hasen Profile picture
27 Sep
The risk of election subversion and a stolen election in 2024 became a national story last week, even though the issue isn't new (I wrote about the danger in @nytimes back in April).nytimes.com/2021/04/23/opi…
Here's why I think it's starting to resonate and where we go from here. /1
First, we had the release of the @costareports @realBobWoodward book peril, with revelations about the Eastman memo that literally directed VP Pence how he could simply steal the election for Trump. /2
This was followed by @CNN obtaining first a two page draft of the Eastman memo, and then Eastman himself (!) giving CNN a six page version that made him look even worse. /3
Read 22 tweets
Rick Hasen Profile picture
23 Sep
I wrote @slate about how @Fedsoc is trying to play it both ways here. They won't confirm or deny if Eastman remains head of one of their practice groups, even as they continue to list him as a contributor. It's despicable. slate.com/news-and-polit…
Here's the relevant bit on @Fedsoc's relationship with John Eastman.
I've spoken at many @FedSoc events, and I'm listed as a "contributor" on their page. fedsoc.org/contributors/r…. They often bring a liberal onto their panels for a better discussion.But I won't ever speak at another FedSoc event again while Eastman remains a member in good standing.
Read 4 tweets
Rick Hasen Profile picture
21 Sep
"There are thus dual slates of electors from 7 states."
What dangerous nonsense. Does Eastman really think the six page version helps his case?
Here's a lie from John Eastman in the longer memo, when he urges VP pence to just declare the winner based on a false claim of dual electors:
And here's Eastman admitting in his memo that the Supreme Court was never going to intervene to help Trump in the case---despite demanding that at Jan. 6 rally before the insurrection that injured over 100 law enforcement officers
Read 6 tweets
Rick Hasen Profile picture
20 Sep
I have written a new draft paper, papers.ssrn.com/sol3/papers.cf…, "Identifying and Minimizing the Risk of Election Subversion and Stolen Elections in the Contemporary United States," in connection with @UCILaw's Sept. 24 conference on Election Subversion. calendar.law.uci.edu/event/fefs_ele… /1
Abstract: The US faces a serious risk that the 2024 presidential election, and other future U.S. elections, will not be conducted fairly, and that the candidates taking office will not reflect the free choices made by eligible voters under previously announced election rules. /2
The potential mechanisms by which election losers may be declared election winners are: /3
Read 29 tweets
Rick Hasen Profile picture
2 Sep
A few thoughts from the point of view of Remedies law on the Supreme Court's 5-4 order tonight that has the effect of letting Texas ban all abortions after about six weeks of pregnancy: supremecourt.gov/opinions/20pdf… /1
The 5-justice conservative majority (Alito, Barrett, Gorsuch, Kavanaugh, and Thomas) offers only a single paragraph of barebones reasoning to explain why Texas can essentially ban all abortions, a law the majority concedes raises "serious questions" about constitutionality. /2
The majority offers not a single sentence on those merits or on current abortion jurisprudence. One has to turn to Justice Sotomayor's dissent to learn that laws that are an "undue burden" on abortion rights are unconstitutional under current law. /3
Read 18 tweets
Rick Hasen Profile picture
20 Jul
I'm delighted to share the news, scooped by @Politico's @ZachMontellaro below, that David Kaye and I have started the Fair Elections and Free Speech Center @ucilaw.

Why such a Center? /1
As we explain at the Fair Elections and Free Speech Center's website, law.uci.edu/centers/fefs/,

/3
Read 13 tweets

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