All posts by Ned Foley
Louisiana seeks SCOTUS stay
Dan Balz on Judge Luttig’s testimony
Here.
Resolution in local PA election involving disputed mailed ballots (which SCOTUS 6-3 declined to review)
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
“Judge fines Michael Gableman $2,000 per day for contempt of court”
The latest from New Mexico
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
NY Times summary of Pence’s 1/6/21
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
The Wall Street Journal on the need for Electoral Count Act revision
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
Greg Jacob’s prepared testimony
“Trump and Trust: Examining the Relationship between Claims of Fraud and Citizen Attitudes”
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
Eastman sought a pardon
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
Judge Luttig’s prepared statement
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
Assessing Pence’s role in what led to 1/6
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
POLITICO on Eastman, collected
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