Here.

The disputed ballots ended up making the difference in the race, showing that in some close elections litigation of this type can determine the outcome. The Third Circuit’s interpretation of the federal materiality provision will stand as important (unless… Continue reading

The latest in this Wisconsin saga.

In advance of today’s scheduled vote of the Otero commissioners on whether to comply with the state supreme court’s mandamus order to certify the election, one commissioner (the one who is being sentenced today for participating in the January 6… Continue reading

From morning prayer to pre-dawn Bible verse, and all the drama in between. (Separately, I’ve heard and seen several commentaries, besides my own, asking for more inquiry into Pence’s conduct prior to January 6 itself. Today’s hearing… Continue reading

I don’t agree that the current ECA (properly understood) is unconstitutional, but I do agree that Congress under the Twelfth Amendment is not entitled to relitigate an adjudicate of the popular vote upon which state law bases the appointment of… Continue reading

For today’s hearing.

Published in PS: Political Science & Politics. Here’s the abstract: Despite winning the presidency in 2016, Donald Trump alleged “millions of illegal votes” and other election fraud. He continued using this rhetoric throughout his tenure as president and ultimately… Continue reading

A theme of today’s hearing was Eastman’s own recognition of just how wrong his proposal was for Pence to subvert the Electoral College outcome. Details included not just the pardon he requested, but his confession to Greg Jacob–according to Jacob’s… Continue reading

For today’s hearing. UPDATE: Greg Sargent comments on its potential significance. I agree with Greg’s main point, which is that Judge Luttig’s statement should provide a basis for the essential overall task for exorcising the Republican Party from the… Continue reading

As I’ve said previously, I agree with Rick Hasen–as quoted in a new extensive appraisal of Pence and his role in the totality of events relating to January 6–that Pence “should have recognized Biden as the winner much earlier.… Continue reading

Kyle Cheney of POLITICO has a Twitter thread compiling their coverage of Eastman. It also includes a sub-thread on Greg Jacobs, who was Pence’s counsel and advised Pence against the Trump-Eastman plot to subvert the January 6 joint session of… Continue reading

Steve has a useful Twitter thread on why Eastman’s claim (as reported in the N.Y. Times) that he had inside access to the Justices’ deliberations concerning cases involving the 2020 presidential election might have been dishonest self-promotion on… Continue reading

In advance of today’s January 6 Committee hearing, which will focus on the effort to pressure Pence into nullifying Biden’s Electoral College victory, the N.Y. Times has a disturbing new report–based on additional Eastman emails that the Committee has… Continue reading