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John Dean issues warning re: the Eastman memo. (Original Post)
Grasswire2
Sep 2021
OP
hlthe2b
(101,715 posts)1. Laurence Tribe comments on Eastmans' misrepresentation:
Laurence Tribe
@tribelaw
This further explains how Eastman twisted my work with @dorfonlaw
& @NeilHBuchanan
to back up his unconstitutional 6-part attempted coup:
"How An Essay by @NeilHBuchanan
, @tribelaw
, and Me Figured in Trump's Effort to Destroy the Republic" (spoiler alert: fortunately, Dan Quayle prevailed on Mike Pence to ignore the crazy memo that cited us) http://dorfonlaw.org/2021/09/how-es
@tribelaw
This further explains how Eastman twisted my work with @dorfonlaw
& @NeilHBuchanan
to back up his unconstitutional 6-part attempted coup:
"How An Essay by @NeilHBuchanan
, @tribelaw
, and Me Figured in Trump's Effort to Destroy the Republic" (spoiler alert: fortunately, Dan Quayle prevailed on Mike Pence to ignore the crazy memo that cited us) http://dorfonlaw.org/2021/09/how-es
Link to tweet
Kid Berwyn
(14,651 posts)2. Thank you for the heads-up!
Need to investigate theses traitors before the witnesses are all, eh, untraceable.
Delphinus
(11,808 posts)3. Heather Cox Richardson
spoke about this in today's missive of Letters from an American.
[link:https://heathercoxrichardson.substack.com/p/september-20-2021?utm_campaign=post&utm_medium=email&utm_source=copy|
tanyev
(42,358 posts)4. How An Essay by Buchanan, Tribe, and Me Figured in Trump's Effort to Destroy the Republic
Professors Buchanan and Tribe and I, together and separately, wrote a great many essays before and after the election about various legal shenanigans Trump and his loyalists would likely attempt. To even our surprise, they attempted just about everything we feared, and then some. In our September 30 essay, we explained why one potential gambit--aimed at throwing the election into the House of Representatives, where the majority of Republican delegations would presumably disregard the facts to choose Trump--should fail even on the assumptions then being floated by Trump's people. In particular, we argued that even if neither candidate received 270 electoral votes, so long as Biden (or Trump) received a majority of the electors "appointed," the election victory would go to the candidate with more votes. Under the plain language of the Twelfth Amendment, we explained, the discarded electoral votes would be taken out of the denominator as well as the numerator. Only an exact tie could throw the election into the House.
The memo reportedly produced by Eastman says aha! If Pence throws out the electoral votes of seven "contested" states, that leaves Trump with a majority of the electors appointed, as even that demon Tribe agrees.
Is that right? Well sure, I suppose after a fashion, but the Eastman memo derives support from the Buchanan/Dorf/Tribe analysis for a proposition that only arises after one has engaged in an intellectual exercise of deranged fantasy. First, one must conclude that there were contested electoral slates in seven states, when there were in fact contested electoral slates in zero states. Second, one must disregard the Electoral Count Act based on the argument that it's unconstitutional (which Buchanan, Tribe, and I preemptively deemed the height of hypocrisy). Third, one would have to assume that the Constitution lodges in the Vice President--who is frequently a candidate for re-election or for the Presidency--the unilateral power to choose the President.
The argument that the Electoral Count Act is unconstitutional is not entirely frivolous, which is why we described its invocation as merely hypocritical. However, the other two claims are frivolous. The mere fact that Eastman offered them (assuming CNN's attribution of authorship is correct) suffices to rebut Trump's description of Eastman as "a respected constitutional scholar," although there was already reason to withhold respect.
http://www.dorfonlaw.org/2021/09/how-essay-by-neil-buchanan-laurence.html?spref=tw
The memo reportedly produced by Eastman says aha! If Pence throws out the electoral votes of seven "contested" states, that leaves Trump with a majority of the electors appointed, as even that demon Tribe agrees.
Is that right? Well sure, I suppose after a fashion, but the Eastman memo derives support from the Buchanan/Dorf/Tribe analysis for a proposition that only arises after one has engaged in an intellectual exercise of deranged fantasy. First, one must conclude that there were contested electoral slates in seven states, when there were in fact contested electoral slates in zero states. Second, one must disregard the Electoral Count Act based on the argument that it's unconstitutional (which Buchanan, Tribe, and I preemptively deemed the height of hypocrisy). Third, one would have to assume that the Constitution lodges in the Vice President--who is frequently a candidate for re-election or for the Presidency--the unilateral power to choose the President.
The argument that the Electoral Count Act is unconstitutional is not entirely frivolous, which is why we described its invocation as merely hypocritical. However, the other two claims are frivolous. The mere fact that Eastman offered them (assuming CNN's attribution of authorship is correct) suffices to rebut Trump's description of Eastman as "a respected constitutional scholar," although there was already reason to withhold respect.
http://www.dorfonlaw.org/2021/09/how-essay-by-neil-buchanan-laurence.html?spref=tw
niyad
(112,434 posts)5. KNR
malaise
(267,810 posts)6. Lock up the traitors starting with their leader
That is all