Analysis

The US Supreme Court has ducked hearing the case of Trump, Texas & 17 other states, on a procedural issue

They did not comment on any recent newsworthy fraud allegations

Trump still refuses to concede, so what are his remaining long shot legal routes?

Read my THREAD:

1) There is still this dormant PA Republican Party vs Boockvar US Supreme Court case, but it may remain dormant, since the Court already indicated yesterday that it (understandably?) simply doesn’t want the serious heat on this one https://t.co/pixbZFSMHk
2) Mon Dec 14th Electoral College need to cast their votes alongside their states’ choice (the crux of the dispute)

Matters escalate if:
i) the Electoral College is tied

ii) “faithless” electors don’t vote for their state candidate

Note: in the key swing states, this is legal https://t.co/62hSyFeXqq
OR:

iii) the House rejects some Electoral College votes, resulting in neither candidate receiving a majority.
3) If the above long shot occurs (aren’t we already in unprecedented times?) what happens next?

Under the 12th Amendment, when the House meets Jan 6th they can refuse to approve the Electoral College votes. They instead vote on a 1 vote per 1 state basis

Trump wins that vote.
The House has decided 2 such presidential elections, in 1800 and 1824. Congress also stepped in to decide the 1876 election
https://t.co/EfobeC2DCx
According to a report by the Transition Integrity Project, a recent effort by researchers to study scenarios that would put the integrity of the 2020 election at risk, "a candidate unwilling to concede can contest the election into January."

https://t.co/JRdLxNIU1F
Summary:
we are entering dangerous times with a possibility of civil unrest on both sides of the Atlantic, until Brexit & US elections are resolved

These two matters are philosophically connected because PM Johnson is stuck:

Trump backs Brexit & Biden backs the EU.

Patience 🙏🏽
There’s also a nuclear option

Executive Order (2018):

“(Within) 45 days after the..Director of National Intelligence..shall conduct an assessment of any information indicating..a foreign government..acted with..purpose of interfering in that election”

https://t.co/vXUdUqbBQu

More from Maajid أبو عمّار

Texas is disputing US election results in 4 swing states: Pennsylvania, Michigan, Wisconsin & Georgia

Under Article III, US Supreme Court settles disputes between 2 or more states

Due to safe harbour, Trump’s remaining legal routes are narrow after

Brief analysis:
The Texas case is about the contested swing states’ executive & judicial branches VS their legislatures, on mail-in ballot rules

On Tuesday before safe harbour, SCOTUS rejected a similar lawsuit brought by Republican Rep. Mike Kelly

But a 3rd & eerily similar case has been with Justice Alito (as circuit judge for PA) & the Supreme Court since before the election. It’s about this very same executive & judiciary VS legislature dispute. That case, PA Republican Party vs Boockvar, may be decided in time, or not


The below is also worth noting:


There is also the issue of ‘safe harbour’ being said to only be “procedural”. This view rests on a reading of the Bush v Gore Supreme Court ruling.

More from Trump

OK, #Squidigation fans, I think we need to talk about the new Wisconsin suit Donald Trump filed - personally - in Federal Court last night. The suit is (as usual) meritless. But it's meritless in new and disturbing ways. This thread will be


Not, I hope, Seth Abramson long. But will see.

I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃

First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.


If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)

Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.

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