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

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

Let's talk about this North Dakota attempt to legislate around Section 230 and create a civil right of action for users censored by social media sites. CC @mmasnick

Forget, for a moment, that this law, if it passed would immediately be deemed void as preempted by Section 230 (Federal law is supreme over state law where they conflict, and this would create an express conflict). This bill is a really good example of why this stuff is hard

Here's the key provision of the bill. The various highlighting on these versions shows areas we'll touch on

First of all, let's look at the last of those images. There's no question that this would target conduct immune under federal law - and, in fact, if 230 were repealed nobody could ever be liable under this law (since it only reaches immune conduct). So it's incredibly stupid.

But again, put that aside. Let's look at the substance.

First of all, who gets to decide whether content fits into these highlighted categories? Do they actually think that the government will get to decide what counts as "otherwise objectionable"?

A hearing is underway now in the case of Richard Barnett, one of the Capitol insurrection defs (photographed at Pelosi's desk) — the govt is challenging an Arkansas magistrate judge's release order. Chief Judge Beryl Howell in DC halted his release until she rules on the matter

Prosecutor Mary Dohrmann begins by arguing Barnett flouted laws "in the most brazen and flagrant manner possible" when he breached the Capitol: "He knew exactly what he was doing."

Prosecutor says the note that Barnett left for Pelosi in her office — "Nancy, Bigo was here you bitch" — was "disturbing" and says the photographs of him sitting at Pelosi's desk show that he appears to "relish" the notoriety

Govt says Barnett doesn't have a criminal record, but notes police reports where a caller lodged a complaint that he'd pointed a rifle at a car with a "Black Lives Matter" sticker and, in a separate incident, was carrying around guns in public

American Law enforcement and military appears to be fully compromised at this time. At the rate things are developing, there may not be a peaceful transition of power on the 20th. Underestimating the threat we are facing will have dire consequences. #RemoveTheTraitors

Trump may already be a military dictator, we just haven't realized it yet, because we have not seen anything like this unfold on American soil, & we think things like this can't happen here, and happens only overseas. That is exact what they want us to believe. #RemoveTheTraitors

I remain unconvinced at this time about the loyalty of some of the troops already deployed at the Capitol and being national guard being mobilized at state capitols even. I remain concerns for the safety of Democratic lawmakers at DC and elected officials at all 50 states.

Meanwhile Trump supporters are playing dumb or sounding ridiculous in the narratives, I suspect intentionally because it makes it easier for the public dismiss the actual threat faced because the public believes they are incompetent and fools. #RemoveTheTraitors

I think at this time, that is what they want us to believe. It gives then a cover, & can carry on with their nefarious plans. The longer it goes without putting a stop to this, the harder it will be for the American people to stop what they are planning to do. #RemoveTheTraitors

I was raised as a Christian fundamentalist and used to write - in full belief - in support of basing society on the laws of the Torah (first five books) of the Bible.

I was taught that the Confederacy (the pro-slavery rebels of the southern US) were the “right” side. I remember my paternal grandfather (who was later convicted as a child molester) praising me for articles arguing as much. I remember my family flying a Confederate flag.

I once wrote supremacist, homophobic, Islamophobic, and even anti-Semitic blogs, arguing a religious nationalist ideology that was patriarchal, discriminatory, and outright offensive.

I was 17. 18. Early 20s. Back then, I wanted to join the US military. I thought every opinion I regurgitated was Gospel. I missed the part about “whatever you did for one of the least of these brothers and sisters of mine, you did for me.”

I once confused hatred for love.