1/ I want to briefly tease out Cruz's statement, which will help set expectations about what might happen January 6:

2/ At its heart, the presser states, "we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given' and ‘lawfully certified' (the statutory requisite), unless & until that emergency 10-day audit is completed."
3/ How does a10-day emergency audit happen? Congress would need to enact a statute to amend the Electoral Count Act before January 6, when it's compelled by law to meet. That seems unlikely.
4/ Cruz et al. seem to hold a "thick" view of the Electoral Count Act, adhering to the "statutory requisite," which means that Congress would need to amend or adhere to the statute.
5/ A 10-day audit is impossible under the current statute. Objections to a state are limited to 2 hours' debate. Adjournments are fixed in the statute, too--no recess if you've hit five days: https://t.co/uvgCoIGR6X
6/ Cruz et al. appear to seek to raise a compound objection: the electors' appointments were not "lawfully certified," & that their votes were not "regularly given." These are, I think, best understood as two separate questions.
7/ If objection is that the appointment was not "lawfully certified," then elector has not been appointed. That may take them out of the denominator of the 12th Amendment determining whether a candidate "majority of the whole number of electors appointed" https://t.co/NalCPhsJaa
8/ If the vote was not "regularly given" (as Boxer & Tubbs raised in 2005) then it may simply mean that the appointment is valid, but there is no vote for the candidate, & a candidate still needs 270 electoral votes to win.
9/ (I say "may," because these are all questions Congress has not had to answer in the past &, at times, steadfastly refused to answer.)
10/ In 1969, the objection was to a Nixon elector in North Carolina who cast a vote for Wallace--that his vote was not "regularly given," excluding that vote from the overall count. (I think this is the best way to way to understand the Greeley votes in 1873, too.)
11/ Of course, Cruz, Hawley, & everyone else recognizes this is performative. Congress will count 306 votes for Biden-Harris, & 232 votes for Trump-Pence. It's only a question of how Congress gets there, & what precedents it raises.
12/ One last detail, the presser is coy about "disputed states." Unclear if that's going to be 1, 7, 51, or whatever.

More from Law

How to avoid (successful) accusations of defamation on Twitter. A few thoughts from someone who is NOT a libel lawyer, but does say very critical things about named individuals. 1/

1. Facts are different from opinions. But stating an opinion can imply a fact.
https://t.co/1PkiI4olib


2. When I tweet I aim to be sure A. I show the *facts* I am basing my *opinion* on. B. I have good reason to believe the *facts* are true. C. My opinion is reasonable based on the facts.

Here I am calling Arron Banks a racist (opinion). Pointing out this is because he called for mosques to be demolished (fact). 4/


I can prove this fact - and others - about what Banks has said. And I can justify why in my opinion that shows he’s a racist. 5/
I was right. "Lawyer" starts out with name-calling and an insistence that trial is "unconstitutional". He's saying Trump's 1/6 speech was rather bland, and pretending that was the only thing the House managers talked about, and the managers were "slanderous."

Bilious bullshit.


"Lawyer" is arguing that since there were objections raised by Democrats to some of the vote counts in 2016, that means Trump didn't engage in sedition.

I'm not sure how that logic works.

Now they're running a Trump campaign commercial.

A bunch of whataboutism, contrasting patriotic music behind Trump's racist dogwhistles about "law and order" against Democrats making firey speeches with dark music.

He went to the moronic Gym Jordan argument that Trump couldn't have instigated insurrection if the violence was gonna happen anyway (without acknowledging Trump had been encouraging and building up to that violence for close to a year).

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🌿𝑻𝒉𝒆 𝒔𝒕𝒐𝒓𝒚 𝒐𝒇 𝒂 𝑺𝒕𝒂𝒓 : 𝑫𝒉𝒓𝒖𝒗𝒂 & 𝑽𝒊𝒔𝒉𝒏𝒖

Once upon a time there was a Raja named Uttānapāda born of Svayambhuva Manu,1st man on earth.He had 2 beautiful wives - Suniti & Suruchi & two sons were born of them Dhruva & Uttama respectively.
#talesofkrishna https://t.co/E85MTPkF9W


Now Suniti was the daughter of a tribal chief while Suruchi was the daughter of a rich king. Hence Suruchi was always favored the most by Raja while Suniti was ignored. But while Suniti was gentle & kind hearted by nature Suruchi was venomous inside.
#KrishnaLeela


The story is of a time when ideally the eldest son of the king becomes the heir to the throne. Hence the sinhasan of the Raja belonged to Dhruva.This is why Suruchi who was the 2nd wife nourished poison in her heart for Dhruva as she knew her son will never get the throne.


One day when Dhruva was just 5 years old he went on to sit on his father's lap. Suruchi, the jealous queen, got enraged and shoved him away from Raja as she never wanted Raja to shower Dhruva with his fatherly affection.


Dhruva protested questioning his step mother "why can't i sit on my own father's lap?" A furious Suruchi berated him saying "only God can allow him that privilege. Go ask him"