1) Now that Trump mobilized his far right army for a struggle over the results, we need to take the possibility that he'll try to steal the election more seriously. Importantly, Trump again confirmed that he expects SCOTUS to invalidate ballots.https://www.washingtonpost.com/opinions/2020/09/30/could-trump-steal-election-heres-one-way-find-out/ …
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3) This scheme would likely be unconstitutional, because it would probably require a new state law, which a Dem governor could veto. Here I rely on a terrific analysis from
@dorfonlaw and@tribelaw: https://www.washingtonpost.com/opinions/2020/09/30/could-trump-steal-election-heres-one-way-find-out/ …pic.twitter.com/YvA3Je8g1m
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4) But here's the thing: Dem Senators can try to press Amy Coney Barrett on this question at her hearing. We need to know whether Trump's nominee believes state legislators can simply appoint new pro-Trump Electors. I talked to
@dorfonlaw about this: https://www.washingtonpost.com/opinions/2020/09/30/could-trump-steal-election-heres-one-way-find-out/ …pic.twitter.com/rUmxSdQSzS
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5) Barrett would likely dodge the question, as
@dorfonlaw tells me. But this is an extraordinary situation. Trump has *told us* he expects SCOTUS to help him do something like this. Barrett *could* take this off the table. We should at least try this: https://www.washingtonpost.com/opinions/2020/09/30/could-trump-steal-election-heres-one-way-find-out/ …pic.twitter.com/oBNMXVz58Z
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6) I don't know if Trump will try this. But he left the possibility open. And some Rs are openly discussing it. If you are someone who sneers that Trump is a failed authoritarian, you should *want* to see Amy Coney Barrett take this off the table. FINhttps://www.washingtonpost.com/opinions/2020/09/30/could-trump-steal-election-heres-one-way-find-out/ …
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End of conversation
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