Looking forward to Tuesday’s conversation with @LSRTweets @hoffman_bruce @GeorgetownICAP’s Mary McCord & Jen Johnson.

All part of #SummitforDemocracy events.

Register here: eventbrite.com/e/confronting-…
And for those who can’t make it in person on Tuesday, the event will be live-streamed here: facebook.com/events/d41d8cd…
Here’s the complete #SummitForDemocracy line-up: state.gov/summit-for-dem…

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More from @jgeltzer

Dec 31, 2020
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.
Here’s the DOJ filing (with thanks to @gtconway3d): courtlistener.com/recap/gov.usco…
Read 4 tweets
Oct 17, 2020
THREAD

How to ensure accountability for the Trump era is a hard, important, & hopefully urgent question.

@PostOutlook just published a great set of essays diving deep into the topic.

Here’s a quick look: /1
Historian Sam Tanenhaus explains why post-Trump accountability is essential for the country to move forward. /2 washingtonpost.com/outlook/2020/1…
Historian Jill Lepore urges forgoing a truth commission in favor of leaving the judgment to future historians. /3 washingtonpost.com/outlook/truth-…
Read 6 tweets
Oct 12, 2020
THREAD

This 👇 was 3 years ago today.

My @GeorgetownICAP colleagues & I, alongside @MikeSigner & more, sued the unlawful militias that had contributed to violence in Charlottesville exactly 2 months earlier.

And it began a journey that continues. /1 cnn.com/2017/10/12/pol…
A few months after filing our Charlottesville suit, we at @GeorgetownICAP published a catalogue of state laws that prevent unlawful, unsanctioned private armies.

Here's the current version of that report, updated to reflect today's state laws: /2 law.georgetown.edu/icap/wp-conten…
We've continued to sue unlawful militias that endanger public safety & chill the exercise of 1st Amendment free expression.

For example, we at @GeorgetownICAP teamed up with @BerncoDa to prevent the unlawful activity of the "New Mexico Civil Guard": /3 cnn.com/2020/07/14/us/…
Read 7 tweets
Sep 30, 2020
THREAD

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/…
Read 7 tweets
Sep 25, 2020
THREAD:

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."

Trump's quid-pro-quo presidency cost lives. /3 washingtonpost.com/outlook/2020/0…
Read 5 tweets
Sep 24, 2020
THREAD:

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.

I called for this in Feb. 2019 via @CNNOpinion. /2 cnn.com/2019/02/23/opi…
2nd, Trump can't resist an election loss alone--he'd need enablers.

And there are laws that stop others from using executive branch authorities for anyone but the legitimate president.

@tribelaw, Chris Fonzone & I explained via @PostEverything. /3 washingtonpost.com/outlook/2020/0…
Read 6 tweets

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