As I explained in this post, the RNC is arguing that RNC members who have that position by virtue of being state party chairs had the right to engage in activities prohibited by the RNC consent decree because these people were acting in their capacity as state officers.  It seems dubious to me, and now via Chris Geidner we know it was also dubious to the RNC:

On Oct. 19, the Republican National Committee’s general counsel sent an email warning RNC members that the national party was barred from engaging in “ballot security” measures.

Specifically, RNC general counsel John Ryder wrote that a longstanding court-enforced agreement meant that the RNC or those acting on its behalf could not engage in measures aimed at stopping voter fraud at the polls.

He went further, however, writing, “Given the seriousness of the Consent Degree and the severe consequences of a violation, you are encouraged not to engage in ‘ballot security’ activities even in your personal, state party, or campaign capacity.”

Two of those RNC members are now part of an argument by Democrats that the RNC has violated that agreement — which, if a federal courts agrees, would mean the agreement would be extended for another eight years.

The Democratic National Committee went to court, arguing that, among other issues, two RNC members — one in Michigan and another in Pennsylvania — had taken specific actions violating the longstanding consent decree.

On Wednesday, the RNC’s lawyers made the opposite argument of Ryder’s October advice — telling a federal judge that the RNC members from Michigan and Pennsylvania could not have their actions “attributed to the RNC” because they were acting solely in their capacity as state party chairs when discussing efforts to address voter fraud at the polls.

The DNC lawyers will have fun writing a reply.

[I first reported that letter from John Ryder to RNC members on October 21.]