I've been trying to think that through - not just legally, but judicially.

The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.

On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even close.

https://t.co/Po8mcrENnz
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.

That's the easy part. Now for the nuttier side - the logistics.
Let's run through the 5 W's and the H.

1: Who? Who does the seizing. Where do the needed people come from? This is not a small undertaking. Even if we're just talking Dominion, that's tens of thousands of machines spread out over hundreds of jurisdictions.
Who takes on that job? The US Marshals are not a large organization. The nuts already think the FBI is part of the Deep State. The armed forces can't easily be used for such tasks, given constitutional restrictions on domestic use (and are unwilling to follow unlawful orders).
2: What? In addition to the obvious "wait wut," there's also the "what gets seized" question. As I said, there are literally tens of thousands of machines out there.
3: When? This is the week before Christmas - it is much harder than normal to get anything done. That's not a small matter. And by the time the holidays are done, there are a very small number of days left before Congress certifies the EC results.
4: Why? This is a question that judges WILL ask - and they'll ask this question whether this is happening under an Executive Order or as a special counsel (I'll get to that issue at the end.)
You can rest assured that the bigger and less precedented the demand, the more actual evidence courts are going to want to see.
5: Where? (Yeah, I got that out of order.)

Where are they going to put everything, for starters. You're talking about warehouses worth of electronics, all of which needs to be stored carefully and safely. Where are they going to do - whatever it is they're going to do?
6: How?
6a: How are they going to pay for this? From what money?
6b: How are they actually going to figure out the answers to the other 5 questions when they're running with Lin, Sidney, MyPillow and Overstock - when this is too nuts for even Rudy?
That's the EO take. The "make Sidney Powell a special counsel" is a bit trickier. To be honest, that might be a thing he can do. He may have to fire his way down the Department of Justice a bit until he finds someone willing, and that might take a bit, but it could happen.
But even there, the logistical issues all remain. And the legal ones don't evaporate. Even the most rubber-stampy of magistrates is likely to hesitate before OKing a massive grab of voting machines, and, again, affected jurisdictions will have legal recourse to challenge things.
But let's say that it happens. Now we're at the underpants gnomes bit.
1: Make Sidney Powell a special counsel.
2: ????
3: Trump stays President.
Seriously, what goes in step 2? What's the grand plan?

And the answer is, of course, that there isn't one. They really aren't thinking things through. There's nothing I can see that remotely plausibly connects those two steps.
What this whole thing produces is a more chaotic and unhinged end to our most chaotic and unhinged Presidency, but that's all I can see coming out of this.

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This is an excellent question, and it's something that I've thought about some over the last couple of months.

Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.


The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.

That happened this year, and the majority of those challenges were heard on the merits.

The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.

The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.

The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.

Those are cases where laches is clear - particularly the prejudice element.

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I just finished Eric Adler's The Battle of the Classics, and wanted to say something about Joel Christiansen's review linked below. I am not sure what motivates the review (I speculate a bit below), but it gives a very misleading impression of the book. 1/x


The meat of the criticism is that the history Adler gives is insufficiently critical. Adler describes a few figures who had a great influence on how the modern US university was formed. It's certainly critical: it focuses on the social Darwinism of these figures. 2/x

Other insinuations and suggestions in the review seem wildly off the mark, distorted, or inappropriate-- for example, that the book is clickbaity (it is scholarly) or conservative (hardly) or connected to the events at the Capitol (give me a break). 3/x

The core question: in what sense is classics inherently racist? Classics is old. On Adler's account, it begins in ancient Rome and is revived in the Renaissance. Slavery (Christiansen's primary concern) is also very old. Let's say classics is an education for slaveowners. 4/x

It's worth remembering that literacy itself is elite throughout most of this history. Literacy is, then, also the education of slaveowners. We can honor oral and musical traditions without denying that literacy is, generally, good. 5/x