.steve_vladeck: Fmr. President Trump’s Jan. 6 logic was embarrassingly thin, according to these memos.
penned by former law professor John Eastman, articulating a six-point plan then-Vice President Mike Pence could have followed after Jan. 6 to swing the election to then-President Donald Trump. The actual legal analysis in the memos is embarrassingly thin and self-contradictory, never mind that they completely ignore the relevant procedural rules.
, adopted in 1804 after the messy election of 1800, magically empowers the vice president to unilaterally decide which states have and have not chosen properly certified electors. But the 12th Amendment says nothing of the kind.
This legal analysis is bad enough. But the memos never stop to wonder whether the underlying result for which they’re advocating — that a vice president can unilaterally override the clearly expressed will of the American people — is actually a good thing. It’s just assumed that the goal is to keep Trump in office, whatever the price. All that the memos concede on this front is that Pence’s gambit would provoke “[h]owls, of course, from the Democrats.
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