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

Washington Post editorial, which focuses on the problem of local election officials giving improper one-sided and non-transparent access to partisans to examine voting machines in a way that breaches their integrity. (There’s also this Daily Beast story on the… Continue reading

Following up on Derek’s earlier post about this case, The Washington Post reports on the judicial decree that the county commissioners follow the law. It’s a good omen of how courts, hopefully, will handle similar defiance of the law… Continue reading

The Washington Post reports: “The committee’s members and staffers are now discussing whether to spend time during their public hearings exploring Ginni Thomas’s role in the attempt to overturn the outcome of the 2020 election, the three people said.”… Continue reading

What earlier looked to be more favorable to the partisan interests of Democrats is now, in the words of this analysis, “perhaps best described as the preservation of a Republican-leaning status quo” as a result of court rulings that… Continue reading

The N.Y. Times reports on efforts by centrists to overturn New Jersey’s ban against fusion voting. Explaining that the U.S. Supreme Court rejected a similar challenge to a Minnesota anti-fusion law in 1997, the article discussions how the current NJ… Continue reading