I'm slightly obsessed with this "#PenceCard" nonsense which is like the Platonic ideal of the current level of Trump election stealing conspiracy theory nonsense.

Here's a thing about the United States: the vice president famously *does nothing*. By design. The job is not like the vice president of marketing or whatever where the guy has a job. Mike Pence is the spare president. He's there in case anything happens to the first one.
In the original formulation under the constitution, the vice president was the runner-up of the presidential race. Nobody ran for it. There was no assumption that it would be an ally of the president; more likely they would be rivals.
They're officially "president of the senate" just to give them something to do to keep them around the capital but they're not a senator and only get to vote if there's a tie, so most of the time that ceremonial role is fobbed off an actual senator.
But this senate presidency that we give the vice president currently has attached to it some purely ceremonial duties in the very perfunctory part of the election process where votes are counted and reported to Congress.
That's the reality of the vice presidency: it's a nothing job. Vice presidents have no power. Frequently presidents delegate things to them because the presidency is a hard job and the president can't be everywhere, but the vice president is an office with no actual power.
But the conspiracy theories among Trump True Believers need there to be a miracle genius turnaround play *somewhere*, and each time one of their miracles falls through (as they all do, because they're made up), that ups the pressure to find the next one.
So somebody wanks out a "legal opinion" that Pence could and in fact *must* use his "plenary power" (this is a phrase they all love because it sounds official and important) to refuse the "fraudulent" votes, because it's illegal for him to accept them.
And because things sound more legal and official when you attach arbitrary things to them and because doomsday cults need deadlines, they attached to this the idea that he must reject the votes "by the third Wednesday in December".

Which was a week ago, incidentally.
But conspiracy theories don't care about any calendars except their own, so in their world, TODAY is the third Wednesday in December, which means that they expect and demand Pence plays "the Pence card" in the next twenty minutes or so.
When Mike Pence fails to play "the Pence card" because it's not a thing and he has no actual power and "the Pence card" isn't even a saying like "the Trump card" is... this will only convince the faithful that Trump has an even bigger, better card to play later.
Anyway, I'm waiting until midnight to turn in because I want to see some of the reactions.

I expect there will be some meltdowns, but probably even more people seamlessly pivoting to "Well obviously he wouldn't do it in public." or "It's actually January 6th."
Or even trying to figure out a way to make next Wednesday "the third Wednesday in December".
I should also mention that some of the flock have decided the Pence Card *has already been played*; since Mike Pence's name showed up in a lawsuit to throw electors out, they think that's him doing it.

Small problem is: he's a defendant in that case, not a plaintiff.
This is a thread on the lawsuit that has been mistaken for the "Pence Card", with a note on how it's actually suing Mike Pence could obligate the government to defend him. If it makes it to trial, which seems dubious.

https://t.co/kmPoiQ3KYa
Here's another thread on that suit listing many, many, many ways in which it is ripe for dismissal.

https://t.co/Agqr6NmrbG
My understanding of the suit's current status is that the judge has ordered for a hearing schedule to be set after the plaintiffs prove that they have properly served all defendants (there are many), which may not even actually be possible.

https://t.co/4i8Qzz3yLJ
And it's midnight. Time to survey the reactions.
Merry Pencemas, everybody.
Looks like the predominant response so far is to blame Pence for not playing the non-existent #PenceCard; some people are shifting expectations to January 6th and some are assuming it's more Secret Governance We Can't Know About Yet.
These people are very big fans of the idea of Secret Governance. Which is the opposite of what the stuff they get mad about would lead you to believe. But they love the idea of secret arrests, secret trials, secret executions, etc.
And of course the theory that the lawsuit that, I repeat, is *suing Pence* must be Pence playing the #PenceCard because it's a legal document and Mike Pence's name is on it and nothing actually means anything to these people, it's all just free association.
Anyway, I have to go to bed. I just...

I'm not sure I've successfully conveyed how *bizarre* the idea that an election would hinge on some unique power we gave to the vice president only, which only affects the election of the president and vice president.

It's bananas.

More from Alexandra Erin the Meadow We Can Build a Snowman

More from Law

One of the judges this story mentions is William Cassidy, who was promoted from an Atlanta IJ position to a BIA member position in 2019 by the Trump DOJ. Cassidy has an awful history that has been well-documented, but I'm still enraged reading this reporting.


The story notes that the EOIR Director served as an ICE attorney in Atlanta and practiced before Cassidy for years. And it points to FOIA records unearthed by Bryan Johnson showing they remain friendly.

A trove of complaints against Cassidy was published by AILA in 2019 after FOIA litigation. They generally show misconduct, substantiated in the record, followed by "written counseling" etc.

One way Cassidy could avoid discipline is by turning off the recording device during the hearing. If he made a lewd or offensive comment off the record, all the EOIR would do is listen to the recording. If it's not there, the complaint is "unsubstantiated" https://t.co/wUeBPEEbpV


In that case, Cassidy joked about a detained immigrant saying he missed his wife. The complaint was dismissed because the ACIJ found "no levity or joking" in the comment.
We are live tweeting from the preliminary hearing of the Employment Tribunal case in which #AllisonBailey is suing Stonewall and Garden Court chambers.


The judge has ruled that for this hearing only, the names should remain redacted.

It is a Rule 50 Order. These particular individuals are members of Stonewall’s Trans Advisory Group and their names may well be known elsewhere. What is relevant is the messages from the group to Garden Court.

The judge states she would not make the same decision at the full hearing. This is only for the preliminary hearing.

Having dealt with the anonymity issue we now move to the main submissions in the case.
The debate over law and order comes to the forefront yet again. Law and order - both can be maintained with equal zeal. One needs to take precedence over the other. Will that be Order over Law or Law over Order?


In other words, what do governments prefer - looking away the other side when law is broken with impunity in the fear that acting against the offender will lead to large scale rioting on the roads?

Or will the government gear up to uphold the sanctity of law and punish every single one trying to break it? There are many examples. Take the Tablighi Wuhan Wave. Or Bangalore Riots. Or the destruction of Temples in Andhra.

Now, if the perpetrators are punished, there is going to be large scale rioting. Pointing out Tablighi Wuhan Wave destroyed many a person in the Gulf when Pakistanis and their minions profiled every Indian and got them arrested for insulting Islam.

No one talks about the post to which the MLA's nephew responded to. Singhu Resort is another. What's stopping the government from clearing the protest site? Is it the same confusion between law and order?

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