Tag Archives: January 6

New details on Trump’s efforts to get Acting AG Rosen to assist his election subversion efforts.

Washington Post reports. We know Trump wanted to overturn the result of the election. What we don’t (yet?) know is the full extent of the lengths he went in this effort and whether anything he did crossed the line into seditious conspiracy under 18 U.S. Code § 2384. There is also the possibility of Trump crossing the line into criminal culpability under 18 U.S. Code § 371, which involves intent to defraud the United States. Trump’s various conversations in December and early January concerning so-called “stop the steal” activities, including those he had with Acting AG Rosen, could potentially be relevant to the inquiries that the Select Committee and the current DOJ are pursuing.

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Trump on tape about Jefferson & 1800 election

It’s fascinating to hear Trump talk about the historical example that Bruce Ackerman and David Fontana wrote about in their article, Thomas Jefferson Counts Himself into the Presidency. One could rehash how that precedent should be characterized (a point I consider in Ballot Battles) and why it’s inapposite to Pence’s situation in 2020. But it seems more relevant for present purposes to reflect on what’s inside Trump’s head, as revealed by his words and tone of voice, compared to the reality of the situation as it concerns both the popular vote and relevant Electoral College procedures applicable to the 2020 election. If one is trying to get a handle on Trump’s “Big Lie” and specifically the gap between Trump’s claim of a stolen election and the truth of Biden’s valid victory, this audio from Washington Post reporters Carol Leonnig and Philip Rucker, for their new book, is as good as place as any to start.

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