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This idea - that elections should translate into policy - is not wrong at all. But political science can help explain why it's not working this way. There are three main explanations: 1. mandates are constructed, not automatic, 2. party asymmetry, 3. partisan conpetition 1/


First, party/policy mandates from elections are far from self-executing in our system. Work on mandates from Dahl to Ellis and Kirk on the history of the mandate to mine on its role in post-Nixon politics, to Peterson Grossback and Stimson all emphasize that this link is... 2/

Created deliberately and isn't always persuasive. Others have to convinced that the election meant a particular thing for it to work in a legislative context. I theorized in the immediate period of after the 2020 election that this was part of why Repubs signed on to ...3/

Trump's demonstrably false fraud nonsense - it derailed an emerging mandate news cycle. Winners of elections get what they get - institutional control - but can't expect much beyond that unless the perception of an election mandate takes hold. And it didn't. 4/

Let's turn to the legislation element of this. There's just an asymmetry in terms of passing a relief bill. Republicans are presumably less motivated to get some kind of deal passed. Democrats are more likely to want to do *something.* 5/
Happy Monday! Dominion Voting Systems is suing Rudy Giuliani for $1.3 billion.

As Akiva notes, the legal question is going to boil down to something known as "actual malice."

That's a tricky concept for nonlawyers (and often for lawyers) so an explainer might help.


What I'm going to do with this thread is a bit different from normal - I'm going to start by explaining the underlying law so that you can see why lawyers are a little skeptical of the odds of success, and only look at the complaint after that.

So let's start with the most basic basics:
If you want to win a defamation case, you have to prove:
(1) that defendant made a false and defamatory statement about you;
(2) to a third party without privilege;
(3) with the required degree of fault;
(4) causing you to suffer damage.

For Dominion's defamation cases, proving 1 and 4 is easy. 2 is, in the case of the lawyers they're suing, slightly more complex but not hard. And 3 - degree of fault - is really really hard to prove.

A false statement of fact that is defamatory is a slam dunk element here - all the fraud allegations against dominion are totally banana-pants. They are also allegations which are clearly going to harm Dominion's reputation.
OK. The Teams meeting that I unsuccessfully evaded (and which was actually a lot of fun and I'm really genuinely happy I was reminded to attend) is over, so let's take another swing at looking at the latest filings from in re Gondor.


As far as I can tell from the docket, this is the FOURTH attempt in a week to get a TRO; the question the judge will ask if they ever figure out how to get the judge's attention will be "couldn't you have served by now;" and this whole thing is a

The memorandum in support of this one is 9 pages, and should go pretty quick.

But they still haven't figured out widow/orphan issues.

https://t.co/l7EDatDudy


It appears that the opening of this particular filing is going to proceed on the theme of "we are big mad at @SollenbergerRC" which is totally something relevant when you are asking a District Court to temporarily annihilate the US Government on an ex parte basis.


Also, if they didn't want their case to be known as "in re Gondor" they really shouldn't have gone with the (non-literary) "Gondor has no king" quote.
IMO, the #SAFEAct is better on election security than HR1 bc it wld ban most touchscreen voting machines currently available. HR1 wld allow them as a primary in person system bc vendors call the paper they spit out a “paper ballot.” Pen & paper is safer #HandMarkedPaperBallots 1/


I have not looked at other aspects of HR1. It addresses more than election security. The #SAFEAct shld be the starting point for election security reform in my opinion. 2/

HR1 requires that all voters have the option to mark their ballots by hand. But it does not specify that, for jurisdictions with in person voting, the hand marked (pen & paper) option must be available for in person voting (vs it only being an option w/ vote by mail). 3/

HR1 may still be a good start. But it does not go nearly far enough on election security. Here are my suggestions for election security. Maybe these could be addressed in a later bill, but we shld keep them on our radar. 4/ https://t.co/mNdHrvwHcN


The key section is 1502. IMO, it shld add the following. “For jurisdictions that offer in person voting, the option to mark a paper ballot by hand must be offered at the in-person polling location; giving this option only for vote by mail won’t suffice for such jurisdictions.” 5/
(THREAD) To understand the second impeachment of Donald Trump, we must understand the words that preceded and augmented his January 6 incitement of insurrection. This thread unpacks four key speeches—Don Jr., Giuliani, Mo Brooks, and Eric Trump. I hope you'll read on and RETWEET.


1/ If you haven't yet seen my analysis of Trump's January 6 "incitement to insurrection" speech, you can find it at the link below. This thread will look at four shorter—but deeply consequential—speeches just before Trump's, all by Trump allies or family.


2/ DONALD TRUMP JR.

Trump Jr.'s speech on January 6—which ended less than an hour before his father incited an insurrection—is one of the most inscrutable of the day, because its beginning includes some promisingly responsible rhetoric. Then it descends into madness and chaos.

3/ "I'm looking at the crowd here, and you did it all [congregate here] without burning down buildings! You did it without ripping down churches! Without looting! I didn't know that that was possible!" Within 2 hours of his speech, Don Jr.'s audience would be looting the Capitol.

4/ So obviously Don Jr.'s opening is ironic to a historic degree, but this isn't the first time we've heard this rhetoric from him. He habitually ignores right-wing violence because he knows that his chief rhetorical canard—which marries progressivism and violences—gets applause.
This reminds me of a 2010 poll of Tea Party supporters in which 84% said that "the views of the people involved in the Tea Party movement generally reflect the views of most Americans." Only 20% thought Obama shared the values of most Americans.


Full polling data here. I was asked to give a talk on campus about the Tea Party in 2010, and one of my main points was that it was a weakness of the movement that it had such a delusional perception of the American people. Oops.

Anyway...the dynamic described here has been a long time coming.


That's the weird, seemingly illogical, thing about the right's culture war. They simultaneously think of themselves as speaking for the majority of Americans, AND they think that they are the saving remnant protecting a decadent society from ruin.

What squares this circle is the assumption that "the real American people" consist of straight white, rural or suburban people, & anyone not in that category doesn't really count as an American. That's how right wing culture warriors can both be the "majority," and a minority.