A "You cannot make this stuff up" tweet (https://twitter.com/gauthamrao/status/930282029538824192 …). He writes this on the very day the 3rd and last Plaintiffs'-side amicus set of briefs is due in the 3 Foreign Emoluments Clause cases.
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Replying to @gauthamrao
Was this a joke too? In your CREW v. Trump brief: "As holders of an office “of trust” under the United States, electors would also be subject to the clause." Or did you mean that? page 17, note 59.
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Replying to @SethBTillman @gauthamrao
Congressional Research Service: “The truth of the matter is that the electors are not ‘officers’ at all ....” (citing U.S. v. Hartwell (1868)), https://www.congress.gov/content/conan/pdf/GPO-CONAN-2017-9-3.pdf …
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Replying to @SethBTillman @gauthamrao
“Electors are—by definition—neither (1) ‘Senator[s] or Representative[s],’ nor (2) ‘Person[s] holding an Office of Trust or Profit under the United States.’” Vasan Kesavan, The Very Faithless Elector?, 104 W. Va. L. Rev. 123, 129 (2001), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=607121 ….
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Replying to @SethBTillman
This is all very interesting. Thank you. We deeply respect your scholarship and look forward to discussing your critiques as we work on future briefs and scholarship.
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Replying to @gauthamrao
That's not exactly publicly reaffirming the correctness of your submission to the SDNY court. If you stand by your statement, that's fine. But if you do not, if it is plainly inconsistent with Hartwell, binding Supreme Ct precedent, then don't you think you should do something?
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We’re grateful for your continued engagement on this, and I’m sure it will be on our docket as we continue to work on future briefs etc.
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