Luttig and Johnson on MSNBC About Certification and the Risk of Election Subversion

From the 8/8 “Deadline White House” with Nicole Wallace:

 Judge Luttig:  Without a question, a score of more of American lawyers played an ignoble role in the 2020 effort by the former president to overturn that presidential election. And, the rest of the 1.23 million lawyers here in America are bearing the burden of that egregious lawyerly conduct 4 years ago, But, as you know, and for reasons we all know, Nicolle, American democracy and the rule of law are under attack. They are perilous at the moment. Again, for reasons that we all know. But, on January 6th 2021, the former president drove a stake through American democracy. And it has been teetering on a knife’s edge ever since. So that, today, as the former president and his political party have continued to deny January 6th, and defy American’s democracy, millions of Americans still believe, as he has told them, that the election of 2020 was stolen from him. Millions of Americans, today, as a consequence, no longer believe in the fairness and integrity of American elections.  And, what’s worse, today millions of Americans question whether democracy itself is the proper form of government for the United States. 0 of America.  That’s why I believe this election is a test of American’s commitment to America’s democracy and the rule of law.   It’s up to the American people now to decide whether they support and defend their democracy and rule of law, or whether they do not.

1:22:19   Nicolle Wallace:  When you see the Trump campaign basically implode upon itself and you hear Donald Trump give the public explanation that he’s “way ahead.”  He’s not way ahead in any poll available.  And the battleground states are close.  It looks like , as someone who’s been on a lot of campaigns, politically speaking, a political dogfight.  Do you have any doubt that the refusal to certify the result will be his political strategy? 

1:23   Jeh Johnson:  You’ve touched on something very important. Our system of Electoral College in close elections means  that the outcome of a presidential election dances on the head of a pin. This election will almost certainly be decided in somewhere between 5 and 7 states, and the critical juncture is the process through which we count those votes and then select electors to represent the states when they convene in Washington, DC for the actual count. And so, there are points in this process where someone engaging in a criminal conspiracy, an anti-democratic effort, could try to alter the result of a national election. They tried it in 2020.  They failed.  And, as you pointed out, lawyers were part of the problem.  They were part of the conspiracy. And, now we’re calling on lawyers to be part of the solution.  Lawyers take an oath to support and defend the Constitution in various different forms, in all of our states.  And we’re calling upon lawyers to step up, volunteer, speak out, because far too many Americans, as we see it, are taking for granted the virtues of living in a democracy.

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