Seriously people. Executive orders mean exactly nothing to what Trump legally can or can't do to fuck with the election results (which is zero). Stop letting idiots make you crazy

Dear Texas: When your argument is that election procedures were adopted in violation of the Electors clause, the only evidence you need to "marshal" is "what election procedures were adopted and how"

You don't need weeks, a magnifying glass, and Melissa Carone

Also, why is there no other forum? You couldn't have sued in Federal court in Georgia or PA in advance of the election because ...?

Oh, right. No standing. That's still a problem

Also, Texas? I feel like you should take that up with ... Texas

I kind of feel like "look, what you meant by Purcell was let's just wait until after the election and then invalidate ALL the votes" isn't necessarily the *strongest* argument

Also, you don't just get to make up a new principle of constitutional and election law and just call it "a variant of" Purcell (or anything else).

You can tell it's made up by the total absence of any citation to ANY case, ANYWHERE, saying that

Somebody asked me about this idiotic "PenceCard 2: Electric Boogaloo" article, and people, just stop worrying about this stuff.

The conspiracy wing of the GOP is going to keep pumping out these "Ten Neat Tricks to steal an election [number 8 will shock you!]" articles straight through the inauguration. (Yes - don't expect this to stop after the electoral votes are counted)

None of it is real. None of it has any legal basis. It's fantasy written by fantasists for coping MAGA-ites who find reality just too painful to accept. Ignore it.

This particular flavor of wishcasting was written by Ted Noel. Unless there are two "Ted Noel"s writing nonsense for the American Thinker, Noel is a doctor, not a lawyer or scholar, who nevertheless writes about legal issues

This actually makes me feel a bit better, because the thought that a *lawyer* could think that Pence had "plenary power" to discard state election certificates for any reason he chose is - even after watching Wood, Powell, Kaardal, and the rest - somehow too hard to contemplate

So Dominion sued Rudy for defamation. How are they ever going to allege actual malice?

OK, let's start talking about the House's 80 page brief on impeachment. It really is an incredibly well-done piece of work. There are some things I'd do differently and some pieces I didn't love, but overall, it's very very good.

Again - this thread will happen in fits and starts. I'm swamped at work and this will come in 10-15 minute chunks as I take a break

Let's start by taking a look at the table of contents. After a 4-page intro (that's relatively long, don't love it), the brief spends a solid 30 pages walking through the facts underlying the impeachment - and, the subheadings tell us, tying in Trump's general refusal to accept

the election results with everything that followed. This is a strong rhetorical approach, but it comes with dangers: the President not only had a legal right to contest the election results, but the GOP Senators pretty much all backed that right, strongly.

It's going to be important to thread a needle of saying "this set the stage for what came after" without putting yourself in a place where you're trying to convince the Senate that the challenges themselves were impeachable. That won't fly

1. What @WillieGeist is trying to get across to @NikemaWilliams on @Morning_Joe is that the GOP is nationalizing their message & making their message high stakes, tapping into voters anger at Trump's loss to get them to vote in a Jan. run-off & that Ds NEED TO DO THE SAME. Its

2. about giving Trump power- its about giving low-info voters, who are the bulk of the electorate motivation to cast ballots in the run-off. This is WHY turnout plummets in these things on the D side- the GOP keeps their messaging on stakes (control of the senate to fend off

3. socialism) while Ds go off into policy. That is a losing strategy. It just lost them nearly a dozen House seats & the chance to cut into partisan gerrymandering by flipping 4 state houses. They can't make that mistake here bc control of senate is everything here. If Ds have it

4. Biden can get some policy done- if Ds don't, the GOP will block everything. Biden will be a lame duck from day 1. So the message should be "hey voter, did you know you have a super vote? That's right, with your one vote, you can elect 2 senators that will give Ds control of

5. senate & with it REAL police reform. With it, Dreamers not getting deported to countries they've even been to- potentially to die from lack of insulin. With it, the power to save the pre-existing conditions coverage for millions of Americans, including Nicu babies who'd in

1/Today's @bopinion post is about Trump's taxes, and what they show about how America allocates capital.

We appear to have some big problems.

2/Trump has a bunch of businesses that lose money. Our financial system has lent him money to throw into unsuccessful golf courses, hotels, and so

3/A lot of these loans are loans that Trump hasn't even paid back yet, using loopholes in the tax system to avoid paying taxes on those unpaid debts.

Why would creditors give money to a guy who wastes the money on bad businesses and doesn't even pay them back?

4/One seemingly obvious answer is that capital is just really cheap these days. Companies are able to borrow more easily than at any time in the last few decades.

5/But this presents us with a mystery.

Why hasn't an abundance of cheap capital caused the return on financial capital to fall? Interest rates are low, but stock returns have held up strongly.

THE TRUMP CARD

by an Anonymous Patriot

Bombshell My Friends💣

You probably will want to read this all.

Right now Trump is sitting on a stack of Trump cards that he's just waiting to lay down like a Royal Flush.

He has court cases still pending that will go to SCOTUS and ...

here’s a screenshot of what the @gop deleted and hopes you’ll forget (via https://t.co/qH1DxrwRk8)

Trump was a very specific kind of disaster: a chaos agent, who lacked the wit, patience and executive function to recruit the powerful institutions of the US military-industrial complex to fight his corner.

1/

The kind of guy who demands the impossible and then fires and publicly humiliates any allies who fail to deliver - or dare to contradict him - is not the kind of guy who can build new, enduring, evil institutions.

2/

The best he can hope for is to get some trumpalike goblins into positions of power (where they will replicate his chaos, but without the broad impunity of the presidential office, resulting in a series of resignations and prosecutions), back by executive orders.

3/

The last months of the Trump admin were an orgy of executive branch rulemakings that dismantled public safety, health, labor, anticorruption and (especially) environmental protections.

4/

Trump is a debt kingpin. His MO is running across a river on the backs of alligators, hoping to move so fast that none of them takes a leg: borrow, refinance, restructure, borrow, blow town, borrow, restructure, bribe, blow town.

5/