The Justice Department just filed its response to the lawsuit filed by Gohmert & more trying to force Pence to declare Trump the winner at the joint session of Congress on 1/6.
DOJ—the same DOJ that reports to Trump—says the lawsuit should be tossed out of court.
DOJ is right.
DOJ says any conceivable claims should’ve been brought against the House & Senate, not the VP.
That’s not just a technical point. It’s a huge (if obvious) acknowledgement that the VP doesn’t have substantive authority to reject slates of electors on 1/6–the suit’s key claim.
My @GeorgetownICAP colleagues & I, alongside @MikeSigner & more, sued the unlawful militias that had contributed to violence in Charlottesville exactly 2 months earlier.
A few months after filing our Charlottesville suit, we at @GeorgetownICAP published a catalogue of state laws that prevent unlawful, unsanctioned private armies.
There's a very short law that's causing a lot of angst right now.
With @bartongellman@FareedZakaria & more talking about 3 USC 2, let's take a look at why an attempt to use it simply to override voters' will would be unlawful. /1
Here's the whole law:
"Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct." /2
The worry is that "Trump can pressure Republican-controlled legislatures to ignore the popular vote in their Democratic-leaning swing state & instead select an Electoral College slate that supports him," as @tribelaw@jentaub & I said in @TheAtlantic. /3 theatlantic.com/ideas/archive/…
Friday marks exactly 1 year since Americans read the 5 words that will forever define the Trump presidency:
"Do us a favor though."
Here's a quick look at how Trump's quid-pro-quo presidency remains alive & (un)well today. /1 nytimes.com/2019/09/25/us/…
"A president who abused the public trust for his personal benefit" defined what got Trump impeached, as @neal_katyal & I said.
"For a president to exploit for private political gain the tools of national power placed in his or her hands" was appalling. /2 nytimes.com/2020/02/05/opi…
But Trump didn't stop there.
Faced with a deadly pandemic, Trump played "states off 1 another for his affection, rewarding the generally Republican (or swing) states whose governors grovel at Trump’s feet."
There's a lot of concern right now about Trump & how he might handle an election loss after @bartongellman's article & the terrible answer Trump gave to @BrianKarem.
But we're not powerless to ensure a peaceful transfer if Trump loses.
Here's what can be done now. /1
1st, Electoral College reps, Members of Congress, governors, & Defense Department leadership can pledge to abide by election results regardless of any single candidate's claims otherwise.