The Washington Post reports that Trump allies have filed more lawsuits to overturn the election and are pressuring Mike Pence to block the certification of the results on January 6. Pence has to choose between his loyalty to Trump and his Constitutional duty. Never in American history has a president refused to accept his loss in the election and continued to fight to overturn the results long after the election was decided by bothe voters and the Electoral College. I one of the lawsuits described below, the plaintiffs are suing the “Electoral College,” even though it has no address to serve papers. The most interesting parts of the story are in the second half. Trump’s supporters are ready to shred the Constitution as they fight for the leader of their cult. They are counting on Pence to recognize “electors” who were not certified. It seems almost quaint to remember that ice President Al Gore announced Nixon’s election after Gore won the popular vote but lost Florida’s electors by 537 votes. Gore congratulated the new president. And it was Vice-President Biden who announced Trump’s election in 2016. Trump lost decisively in the Electoral College in 2020, and Biden received seven million votes more than Trump. But Trump will never concede.
President Trump and his allies are growing increasingly desperate as Congress prepares to formally receive the votes that will confirm his election loss next week, filing lawsuits against nonexistent entities and even Trump’s own vice president as they try to come up with new ways to overturn the vote.
One lawsuit filed last week by a conservative group that supports Trump targeted, among others, the electoral college — which does not exist as a permanent body. Another lawsuit filed Sunday by U.S. Rep. Louie Gohmert (R-Tex.) and several Arizona Republicans against Vice President Pence attempts to get a federal judge to expand Pence’s power to affect the outcome.
Pence will preside over next week’s joint session of Congress, where the electoral votes cast earlier this month will be read aloud. President-elect Joe Biden won 306 electoral votes to Trump’s 232, reflecting Biden’s 81 million votes nationwide as he secured the White House.
Trump has been working to incite his supporters over the ceremonial milestone, falsely portraying it as a final showdown in his battle to alter the election’s outcome. “See you in Washington, DC, on January 6th. Don’t miss it,” Trump tweeted Sunday.
There were some initial signs Tuesday that Trump’s last-ditch appeal may be faltering, even among some of his most fervent supporters.
In an interview, Stanley Grot, a Trump elector in Michigan, a longtime Republican and the clerk of the Detroit suburb of Shelby Township, said he does not plan to come to Washington.
When the electoral college met Dec. 14 to certify Biden’s win in the state, Grot joined other Trump electors in Lansing to register their continued support for the president in a state where Trump has exerted especially strong pressure on supporters to overturn the vote. But Grot said Tuesday that there is nothing more he can do next week.
“It is out of our hands now,” he said.
He said if Congress certifies Biden’s victory, he would “not be in a position to challenge anything,” adding, “we always must respect the office of the presidency.”
Another Michigan elector for Trump, Timothy King of Ypsilanti, also said he has no plans to travel to D.C. — though he said he will not be persuaded of the legitimacy of Biden’s win regardless of what happens in Congress.
“I don’t think Joe Biden would be the legal president if they go through with this,” the retired autoworker said. “People are not stepping up and doing their constitutional duty,” he said, to examine unverified claims of fraud that he and others allege took place.
King is a plaintiff in a lawsuit challenging the Michigan election results that has already been rejected by a federal judge; he and his fellow plaintiffs have asked the Supreme Court to review the matter.
Also Tuesday, the Georgia secretary of state’s office announced the results of a signature audit conducted of mail-in ballots from the November election cast in Cobb County. Working with the Georgia Bureau of Investigation, the secretary of state’s office said it reviewed signatures on 15,118 ballot envelopes, finding none were fraudulent and that all but two included signatures that matched that of the voter on file — demonstrating that election officials who examined the signatures before the vote had a 99.99 percent accuracy rate. Of the two ballots, one was signed by a voter in the wrong place and the second was improperly signed by a voter’s spouse. The voter indicated in an interview with state officials that he filled out the actual ballot.
Republicans’ ability to challenge the congressional process is limited.
Any member of the House, joined by a member of the Senate, could contest the electoral votes, citing an 1880s election law. But the challenge will merely prompt a floor debate followed by a vote in each chamber. Trump will inevitably lose that vote, given that Democrats control the House and a number of Senate Republicans have publicly recognized Biden’s victory, including Sen. Mitt Romney (Utah), who has called Trump’s refusal to accept the election dangerous.
Even in the unlikely event that Trump were to prevail in the Senate, where Pence would be in position to cast a tie-breaking vote if needed, the challenge still would fail given the House vote.
Still, a number of Republican members of the House, led by Rep. Mo Brooks (R-Ala.) and egged on by the president, have said they plan to challenge votes in swing states where they have made unfounded allegations that the vote was marred by fraud.
One incoming Republican senator, newly elected Tommy Tuberville of Alabama, has said he is considering signing on, as well. He would do so over the opposition of Majority Leader Mitch McConnell (R-Ky.) and other leading Republican senators, who have said it would be politically harmful to force Republicans to decide whether to back Trump out of loyalty in a vote bound to fail.
Even so, experts fear the vote could cast a cloud over Biden as he prepares to take office Jan. 20, creating the misimpression that his victory was in some way contested or that he was installed by congressional Democrats.
Next week’s ceremony will come at the end of a grueling period in Congress in which Trump angered members of his own party by vetoing a major defense bill and initially balking at a coronavirus relief measure that had been negotiated by his own aides. The legislative maneuvering may also dampen Republican enthusiasm to back Trump’s futile effort to overturn the election.
The lawsuits are designed to get a judge to expand Republican options in Congress next week — or to create the impression that the law might allow additional options.
Trump and his allies have already sought judicial intervention in dozens of suits filed since the election and have met no success. More than 90 state and federal judges, appointed by members of both parties, have rejected challenges to the election by the president, his campaign and his allies.
In some cases, judges have found that the party objecting to the election did not have standing to sue, or inappropriately challenged the voting procedures only after the election.
But in many of the suits, judges evaluated Trump’s claims of fraud and found there was no evidence to support them.
Gohmert’s suit, which was joined by a group of Republicans in Arizona including the chairwoman of the state GOP, argued that the law that governs next week’s congressional action is unconstitutional because it impinges on Pence’s sole authority to recognize electors. The suit argues that a federal judge should order that Pence can choose to recognize alternate electors who support Trump should he wish to do so.
Legal experts said the lawsuit was meritless and would probably be dismissed by a federal judge for multiple reasons.
Among other things, the suit envisions competing slates of electors from which Pence could choose. However, despite intense pressure from Trump, no state legislature actually agreed to set aside the November vote and appoint alternate electors. Instead, informal groups of Trump supporters met in some state capitols earlier this month and appointed themselves electors, in ceremonies that had no force of law.
In a statement, Gohmert nevertheless asserted that seven states had sent “dueling slates of electors” to Washington.
“We continue to hold out hope that there is a federal judge who understands that the fraud that stole this election will mean the end of our republic, and this suit would insure that the Vice-President will only accept electors legitimately and legally elected,” he said.
The case, which was filed in Texas, has been randomly assigned to District Judge Jeremy Kernodle, a Trump appointee who took the bench in 2018.
Gohmert and his fellow plaintiffs have requested a hearing no later than Thursday and a ruling by the judge by Monday. In a filing Tuesday, their lawyers revealed that they had contact with attorneys for the vice president and the Justice Department and were unable to come to an agreement with them about the suit, including about when Pence must file a response. They asked the judge to order Pence to respond by the close of business Wednesday.
In a video posted to Twitter on Tuesday, Arizona Republican Party Chairwoman Kelli Ward, also a plaintiff in the suit, called it a “friendly lawsuit.”
“It’s all on the shoulders of Vice President Mike Pence, and we have this lawsuit to assist him in being able to do his job and to do it well,” she said.
The suit highlights the awkward role Pence will play next week, when, by law, the task of presiding over the last step before Biden takes the oath falls to the vice president. A Pence spokesman did not respond to questions about the suit. A spokesman for the Department of Justice declined to comment.
“This Gohmert suit has had me scratching my head, and I don’t think the courts will take it seriously,” said Trevor Potter, a Republican election law expert who has been reviewing such cases as a member of the nonpartisan National Task Force on Election Crises.
Among other problems, Potter said the remedy Gohmert is seeking “would stand the Constitution on its head. It would effectively deliver to the vice president the right to determine who won the presidential election. If the vice president has authority to pick his favorite electors, then you wouldn’t need a Congress or a Constitution.”
Norm Eisen, a Democrat who is counsel to the nonpartisan Voter Protection Program, called the Gohmert lawsuit even more “absurd and extreme” than those that came before.
“This attempt to throw out the entire legal structure which has guided American presidential elections for almost 150 years is utterly unfounded,” Eisen said. “It is destined to end up where sixty-plus other cases have: the legal ash heap.”
Eisen’s group has been monitoring the efforts closely in the courts and in key states and has worked out an expected timeline of events on Jan. 6, when the two chambers will meet at 1 p.m.
They confidently predict that the day will end with Biden officially being declared the president-elect.
“If they choose to waste the time of Congress and the nation in the middle of a health and economic crisis, it will be for no purpose at all, except to stroke the president’s ego,” Eisen said.
While you all are deliriously focused on a media-hyped event that won’t (can’t) happen, you missed Senate Democrats joining with evil “Moscow Mitch” to end Bernie’s filibuster to get $2,000 checks to Americans facing hunger and homelessness in winter during a pandemic. Making sure the military gets another $740,000,000,000.00 to bomb brown people is apparently more important, even to stalwart “liberals” like Kamala Harris and Dick Durbin, than taking care of our own citizens. Makes me proud to be an American.
Not for nothing the real story is why aren’t Democrats pushing for increased payments for the unemployed which would put far more money into the hands of those who need it most. An extra 300 for a total of 600 in Federal subsidies would in 5 weeks make up the difference of $1400 . It should have been made retroactive for those who lost it after the initial stimulus expired .
I guess a hand out of 4k to a couple making up to 150 k is politically more acceptable than bringing a low wage unemployed worker a benefit that still will not put most into a middle income tax brackets. By definition even in a State with a generous unemployment benefit, the middle income worker would still receive less than his wage .And the low wage worker would not be receiving that States highest pay out.
Trump was merely trying to bribe voters with a 2k payoff to support his coup .Do I her 3k perhaps 4k.
hear
I remember people telling me in 2016 that Trump couldn’t get elected. They lectured me to stop deliriously focusing on that media-hyped candidate that can’t get elected, and instead focus on how evil the democrats are.
There are some who believe that Bernie Sanders is a liar and admire Glenn Greenwald as the real truth-teller. Bernie blames Mitch McConnell because it is the Republicans – and not the Democrats – who are the problem.
It would be a good thing to call the Democrats’ bluff by giving them total power — having a filibuster control of the government — and seeing what good legislation they can accomplish.
It is impossible to call the Republicans’ bluff because they don’t care about anything but power and are fine with people suffering to achieve that power. Democrats are not, which is why they are always compromising to get something minimal.
If Democrats hadn’t been so unwilling to stand firm during the health care debate, there would be no extremely flawed and imperfect Affordable Care Act. We could have what we had previous to the ACA. Would that have been better? Certainly many on the far right believe so, and they are joined by those on the far left in their belief that democrats are the reason for all evils while the far right Republicans are not.
I would like to see the Democrats having real power – post filibuster – and then see what they can accomplish. The brief window when Ted Kennedy was dying when Dems had a filibuster-proof majority in the Senate was extremely short. And hindsight is 20/20 as McConnell (with help from Susan Collins) used the filibuster in ways it had never before been used and when he controlled the Senate a few years later, simply refused to allow votes on anything to protect the Republican Senators from voting against popular programs.
We have had a long 12 years where Republicans could prevent anything good from happening without kowtowing to them. It is time to marginalize them. If both Georgia Senators win and Republican Senators are forced into floor votes, perhaps voters will finally see who they really are.
If Republicans have any power, the democrats will always need to compromise with them or screw over Americans and give them nothing. Some people in privilege are willing to accept that, just as they were happy to accept that millions of low-income Americans were uninsured before the ACA. The Republicans never cared about their suffering. And some on the left decided that OTHER people’s suffering was a small price to pay. Thankfully, the elected progressives like AOC and Bernie understand that compromise is not always evil, and that the more power given to Republicans, the more the Democrats must compromise because the Republicans don’t care who they hurt by doing nothing, but most of the Democrats and progressives do care.
Do you have the ability to respond to the actual subject of this post? Or do you just sit by the computer to pounce on an “opportunity” to release your bile?
Al Gore announced George W. Bush’s election, of course, not Richard M. Nixon’s. But your innocent typo, Diane, makes even clearer the seditious absurdity of what Gohmert Brooks, et al. are doing. For it was sitting VP Hubert H. Humphrey who lost to Nixon and announced Tricky Dick’s election in early 1969.
Why do they hate the United States of America?
The “hate” is targeted at democracy.
The religious end-of-world crazies are joined by mainstream conservative religious in believing their views are ordained as righteous by God. Despite majority popular support for abortion, which is a legal position held uniformly by developed nations, the Republicans mentioned in the post oppose it- Louie Gromert, Stanley Grot and Mo Brooks.
It matters because underlying the abortion pov is the fundamental issue, privilege (race, gender, class) is threatened by democracy.
Just another distraction attempt…….BUT this from GOP Sen. Ben Sasse about his own party is pretty telling. He slams those in his own party to tell the truth….gives me some hope that there are some honest Republicans out there?
https://www.cnn.com/2020/12/31/politics/sasse-gop-certification-objections-dangerous/index.html
Please don’t hope too much, LisaM. Ben Sasse has been all talk and no meaningful action, and there’s no rational reason to believe he’ll leave the invertebrates.
It’s almost the New Year and I’m trying to be more optimistic! I don’t think Sasse will leave “the invertebrates”, but I would like to believe that there are a few decent Republicans willing to call out this nonsense.
@LisaM Gotcha — and there are rational reasons to be optimistic. I was thinking of quoting U2’s lyric about New Year’s Day, but I’ll refrain from further soaking my wet blanket. Young rock musicians shouldn’t be honored as prophets….
But I think young (and old) rock musicians are “the voice” of the time. “Nothing changes on New Years Day” and “gold is the reason for the wars we wage” still holds true. Love U2!….but Bono decided to join with the Gates on some issues and it really ticked me off!! Here’s hoping for a better, safer, happier 2021 as the vaccines roll out.
McConnell has 6 more years. Sasse is nothing more than a single
insignificant fly in the ointment.
In terms of opportunities to dilute GOP power, one significant reason for hope is the trend toward fewer people engaged in conservative religions in the U.S. When the trend translates into diminished, political influence of organizations like Knights of Columbus, Family Council, state Catholic Conferences, and Catholic Vote, then, progressivism, respect for pluralism and democracy will have a chance.
Media report that Liberty University’s disgraced former President has formed a right wing “think tank” with GOP influencer, Charlie Kirk, Falkirk.
Why hasn’t Harris resigned her Senate seat? Obama resigned his before Thanksgiving in 2008. What’s Harris “waiting for”?
I think, correct me if I’m wrong, that Biden also didn’t resign his Senate seat until much later?
Correct, and this is why:
Why Is VP-Elect Joe Biden Still A Senator?
January 12, 20097:45 AM ET
KEN RUDIN
I’ll admit it had me puzzled.
Barack Obama resigned his Senate seat, to no great fanfare, back on Nov. 16. And while no one foresaw the circus that would result in Illinois from his resignation, it certainly seemed to make sense at the time. With the Senate coming back for a lame-duck session, Obama felt that his priority should be his transition from senator to president.
But what about Joe Biden? Previous senators who became VPs were already gone from the Senate by now. Al Gore, Dan Quayle and Lyndon Johnson all gave up their Senate seats in early January, just before the new Congresses were sworn in. Walter Mondale and Hubert Humphrey gave up theirs in late December. But not Biden. The vice president-elect has held onto his Senate seat; in fact, he was sworn in for a seventh term last week.
That subject came up during last Wednesday’s Political Junkie segment on NPR’s Talk of the Nation, and I didn’t have an answer for it.
Carrie David of Newark, Del., does.
Carrie directed me to this posting on Delawareonline.com from Nicole Guadiano of the Wilmington News Journal:
A smiling Joe Biden took his seventh oath of office among friends on the U.S.Senate floor Tuesday, hitting a personal and historic milestone before becoming the next vice president.
At age 66, he was the youngest person ever sworn in for a seventh full Senate term, a fitting distinction for someone first elected at the age of 29 in 1972. He is the longest-serving senator in Delaware history and among the longest-serving senators in U.S. history.
“In all my life, the greatest honor bestowed upon me has been serving the people of Delaware as their United States senator,” he said in a statement. “It is truly humbling today to take the Senate’s oath of office for a seventh time.” …
Biden chose to extend his Senate service even after President-elect Barack Obama resigned from his Senate seat shortly after the election. His friends said taking his final Senate oath was important to him.
“He wants to be able to tell his grandchildren he did it,” said Mark Gitenstein, a Biden adviser who previously served on his Senate staff. “I just know that he feels it’s important. He’s told me that. I’ve been in meetings where he said, ‘I really want to do this one last time.’ ”
Kaufman said, “We all encouraged him to do it. It’s historical.”
What difference would that make?
There’s no difference, but if the election is over and it’s a slam dunk, why hasn’t she resigned as Obama did. Is she worried about something? Just sayin’.
Quite frankly I’m not sure what you are trying to prove/say with your “Harris not resigning yet” thought. What is is that you are hinting at?
This is unprecedented, bizarre and incredibly dangerous. All these asinine maneuverings of the far right GOP could lead to actual bloodshed and violence from the more primitive followers of Trump and Trumpism. Another sad aspect is that jacka$$es like Gohmert and the Q-Anon crowd will be in the Congress long after Trump is gone. They make the Tea Partiers look like socialists.
Yes. And this is why the story is important although the coup will fail.
This is what happens when everyone gets a medal….win or lose! People have been conditioned to think that they are never “the losers” and that under “alternative facts/circumstances”, they still win. It is dangerous that this has seeped into the depths of a Democratic Government. The junk Psychology movement is sitting on the sidelines salivating like Pavlov’s dogs.
Never in history has the loser of the race for President refused to concede, even when the vote was much much closer—think Gore and Hillary. Both won the popular vote. Hillary should have asked for recounts . She graciously conceded. Trump’s refusal to admit he lost is not about our culture. It’s about his narcissism.
Diane, I agree that it’s all about his narcissism. But what does it say about the culture that tens of millions of us, including hundreds and maybe thousands of elected officials, follow his lead more faithfully than baby ducks followed Lorenz?
This is not about his narcissism. This is about his and his families criminal and civil liabilities. Hoping what ever pressure ( up to and including a coup) he can exert makes prosecution difficult. His cult intimidating officials on federal and state levels .
Bill R.
I wonder how many understand your Lorenz reference (which involved geese mainly).
Baby ducks followed geese mainly?
Did Lorenz have a hypothesis for why that might be?
I had a vague recollection of Lorenz but couldn’t place it. Thanks to Duane, I looked it up and recalled him. Not only was he a zoologist, but an actual member of the member of the Nazi party who then tried to deny it. Later in life he became a member of the Austrian Green Party. Which kind of confirms my ideas about the proximate nature of the ultra left and right. There ain’t much that separates them.
Why is this story important? Here are some reasons.
As of December 31, 2020, House Republicans from thirteen states had pledged to challenge the election results. Here are their names.
AL Rep. Mo Brooks, Rep.-elect Barry Moore, Rep.-elect Jerry Carl; AZ Rep. Andy Biggs, Rep. Paul Gosar; CO Rep.-elect Lauren Boebert; FL Rep. Matt Gaetz; GA Rep. Jody Hice, Rep.-elect Andrew Clyde; NC Rep. Ted Budd, NC Rep.-elect Madison Cawthorn; NM Rep.-elect Yvette Herrell); PA Rep. Scott Perry; SC Rep. Jeff Duncan, Rep. Ralph Norman; TN Rep. Mark Green; TX Rep. Brian Babin, Rep. Lance Gooden, Rep. Louie Gohmert, Rep.-elect Ronny Jackson; UT Rep.-elect Burgess Owens; VA Rep.-elect Bob Good (Va.) https://thehill.com/homenews/house/532149-here-are-the-republicans-planning-to-challenge-the-electoral-college-results#bottom-story-socials
Now there is also unequivocal support from Missouri Republican Senator Josh Hawley, a constitutional lawyer, widely believed to be setting himself up as a presidential candidate in 2024. Hawley’s announcement means that both chambers will be forced into a debate over at least one state.
Josh Hawley has said: “I cannot vote to certify the electoral college results on January 6 without raising the fact that some states, particularly Pennsylvania, failed to follow their own state election laws. And I cannot vote to certify without pointing out the unprecedented effort of mega corporations, including Facebook and Twitter, to interfere in this election, in support of Joe Biden. At the very least, Congress should investigate allegations of voter fraud and adopt measures to secure the integrity of our elections.”
Who is Josh Hawley? I have patched together some biographical information from his own website, LinkedIn, and other sources.
Hawley is native of small town Lexington, Missouri. He graduated from Rockhurst High School in Kansas City, a private, Roman Catholic, Jesuit, all-boys, preparatory school. (Current tuition is $14,900). He graduated in 1998 and received an AB in History from Stanford in 2002, and JD from Yale Law School in 2006.
He then served for two years as a Judicial Clerk, notably for Chief Justice John Roberts, Jr. for the year, ending in 2008. For three years, he was an attorney in private practice in Washington DC. He was also an attorney for Becket, a firm devoted to “Religious Liberty” (more on this later).
After returning to Missouri in 2006, Hawley joined the law faculty at the University of Missouri and in 2014, began his political career as Founder and President of the Missouri Liberty Project “dedicated to fighting government overreach, defending the U.S. Constitution, and informing Missourians about the need for limited government.”
The Missouri Liberty Project was not much more than a Facebook platform for Hawley to gain publicity by attacking Obama and Democrats in Missouri https://www.facebook.com/LibertyProjectMO/ It was also a way to market and align himself with other ultra-conservative groups, such as the Missouri Alliance for Freedom, an amplifier of Trump’s rants and Fox news. https://www.facebook.com/MissouriFreedom/?ref=py_c
Hawley’s bio reflects his pride in working for “Becket, Religious Freedom for All” from 2011-2015. Beckett advertises itself as a non-profit law firm “dedicated to protecting the free expression of all religious traditions” with “a 100% win-rate before the United States Supreme Court. Client groups have included Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Some Becket legal services are pro bono. That work is compensated by the Beckett Fund.
From the 2018-19 IRS form 990, I learned that the Becket Fund’s president was Clayton Christensen. That IRS form was filed before Christensen died in January 2020. Clayton Christensen was an American business consultant and academic whose theory of “disruptive innovation” (in business) has migrated to many other contexts. He was also a leader in The Church of Jesus Christ of Latter-day Saints. I had not been aware of his commitment to making laws placing church over the state. You can see a sample of these cases on the 2018-1990 form.
Largely from his work at Becket and his conservative credentials as Attorney general of Missouri, Senator Hawley is now widely recognized as one of the nation’s leading constitutional lawyers.
He was one of the lead attorneys in fighting Obamacare at the Supreme Court. During his time at Becket, Hawley was part of the team that won two major U.S. Supreme Court cases.
In Burwell v. Hobby Lobby Stores, Inc., the Supreme Court held (5–4) that the Religious Freedom Restoration Act of 1993 permits closely held for-profit corporations (e.g., owned by a family or a family trust) to refuse, on religious grounds, to pay for legally mandated coverage of certain contraceptive drugs and devices in their employees’ health insurance plans. In this ruling, the court held that closely held for-profit corporations are legal “persons” under the RFRA and are therefore capable of exercising religion.
In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, the Supreme Court held unanimously that federal discrimination laws do not apply to the choice of religious leaders of organizations or how those leaders set rules for employees. The Court enshrined the right of religious organizations (and schools they operate) to practice discrimination against persons otherwise protected by federal regulations against discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information or retaliation).
Senator Hawley now serves on the five Senate Committees: The Judiciary; Armed Services; Homeland Security and Governmental Affairs; Small Business and Entrepreneurship; and the Special Committee on Aging.
In short, Hawley is a well-known Constitutional lawyer. He seems to believe he is protected from political attacks by the Party of Trump, Mitch McConnell, the ranks of ultra-conservative Republicans who hope to cause chaos on January 6.
Hawley is enabling another highly visible and totally false claim that Trump’s election was stolen. The difference now is that Hawley is a well informed constitutional lawyer willing to blow his own horn, make false claims, and take up a lost cause for his own hoped-for political gain. He has no moral center and for that reason is a perfect heir to the party of Trump. This charade will now doubt boost his credibility with religious leaders and ultra-right wing conservatives whom he seems to be cultivating for a presidential run in 2024. He is a new breed of Trumpster.
https://www.becketlaw.org/staff/josh-hawley/
This shows once again, as if we needed reminding, of just how fragile our democratic form of government is. For me the war on truth itself is the most egregious, perhaps the most insidious. of the dangers that Trump promotes.
When Trump was first inaugurated as president someone said very cogently the one thing that will protect us if the Constitution itself. I would add that statesmen, not politicians make their voices heard.
Trump worshippers are being strung along on purpose – on the one hand you have Trump inviting everyone to DC to a “wild” rally where angry racists will be hoping and praying for counterprotesters to initiate violence so they have a “legal” right to retaliate.
Then you have the lawsuits and procedural gambits, all without merit or standing because the underlying evidence doesn’t show any actual fraud, unless you consider false affidavits and frivolous filings fraud.
But now that Senator Hawley has signaled his refusal to certify Biden, there will be floor debates in the House and Senate. I think this is a great opportunity to put the debates on live TV, on every channel and explore the evidence.
Dems need to patiently debunk it, with visual aids. They need to explain the Michigan case where a quickly-corrected, isolated human error led to a wild eyed conspiracy about Dominion machines that Fox and Newsmax now disavow.
They need to explain the PA case, where they say the courts unconstitutionally changed the election law. There, we must agree the legislature had superseding authority but ask why then they didn’t come into session to pass a corrective law before the election?
They need to debunk the GA video which they say shows mysterious ballots being retrieved from under a table after Republican observers left. But there was never proof of anything wrong with a single ballot as Georgia certified a full recount and then a full hand recount.
Similar lawsuits have been laughed out of court in AZ and WI, all filed without substantiation of claims and asking for remedies that don’t exist from courts without the authority to carry them out. So January 6 needs to be a massive “teach-in” that patiently bats down false claims and promises to hold elected officials accountable.
They need to play back the videos of the unhinged, conspiratorial affiants, starting with Mellissa Carone and Terpsichore Maras-Lindeman, explaining their criminal records and sketchy, litigious backgrounds.
In the end, it’s all a numbers game – how many Republican state legislators are “deadenders” willing to join in the effort to pass retroactive election laws now? We can already assume there are about 130 House members and at least one Senator onboard, which means the votes will fail – but will the failure be a national spectacle that backfires on Reps, or will they embolden the base of hardcore nutjobs?
This is a great opportunity for a teachable moment, fact-checking and explainers depending how the Dems handle it.
As of December 31, 2020, House Republicans from thirteen states had pledged to challenge the election results. Here are their names.
AL Rep. Mo Brooks, Rep.-elect Barry Moore, Rep.-elect Jerry Carl; AZ Rep. Andy Biggs, Rep. Paul Gosar; CO Rep.-elect Lauren Boebert; FL Rep. Matt Gaetz; GA Rep. Jody Hice, Rep.-elect Andrew Clyde; NC Rep. Ted Budd, NC Rep.-elect Madison Cawthorn; NM Rep.-elect Yvette Herrell); PA Rep. Scott Perry; SC Rep. Jeff Duncan, Rep. Ralph Norman; TN Rep. Mark Green; TX Rep. Brian Babin, Rep. Lance Gooden, Rep. Louie Gohmert, Rep.-elect Ronny Jackson; UT Rep.-elect Burgess Owens; VA Rep.-elect Bob Good (Va.) source https://thehill.com/homenews/house/532149-here-are-the-republicans-planning-to-challenge-the-electoral-college-results#bottom-story-socials
Now there is also unequivocal support from Missouri Republican Senator Josh Hawley, a constitutional lawyer, widely believed to be setting himself up as a presidential candidate in 2024. Hawley’s announcement means that both chambers will be forced into a debate over at least one state.
Josh Hawley has said: “I cannot vote to certify the electoral college results on January 6 without raising the fact that some states, particularly Pennsylvania, failed to follow their own state election laws. And I cannot vote to certify without pointing out the unprecedented effort of mega corporations, including Facebook and Twitter, to interfere in this election, in support of Joe Biden. At the very least, Congress should investigate allegations of voter fraud and adopt measures to secure the integrity of our elections.”
Who is Josh Hawley? I have patched together some biographical information from his own website, LinkedIn, and other sources.
Hawley is native of small town Lexington, Missouri. He graduated from Rockhurst High School in Kansas City. a private, Roman Catholic, Jesuit, all-boys, preparatory school. (Current tuition is $14,900). He graduated in 1998 and received an AB in History from Stanford in 2002, and JD from Yale Law School in 2006. He served for two years as a Judicial Clerk, notably for Chief Justice John Roberts, Jr. for one year, ending in 2008. For three years, he was an attorney in private practice in Washington DC. He was also an attorney for Becket, a firm devoted to “Religious Liberty” (more on this later).
After returning to Missouri in 2006, he joined the law faculty at the University of Missouri and in 2014, began his political career as Founder and President of the Missouri Liberty Project “dedicated to fighting government overreach, defending the U.S. Constitution, and informing Missourians about the need for limited government.” The project was not much more than a Facebook platform for Hawley to gain publicity by attacking Obama and Democrats in Missouri https://www.facebook.com/LibertyProjectMO/ and marketing himself as aligned with other ultra-conservative groups in and beyond Missouri, such as the Missouri Alliance for Freedom, an amplifier of Trump’s rants and Fox news. https://www.facebook.com/MissouriFreedom/?ref=py_c
Hawley worked for Becket, Religious Freedom for All, from 2011-2015. Becket advertises itself as a non-profit law firm “dedicated to protecting the free expression of all religious traditions” with “a 100% win-rate before the United States Supreme Court. Client groups have included Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Some Becket legal services are pro bono. That work is compensated by the Beckett Fund. From the 2020 IRS form 990, I learned that the Becket Fund’s president was Clayton Christensen. That IRS form was filed before Christensen died in January 2020. Clayton Christensen was an American business consultant and academic whose theory of “disruptive innovation” (in business) has migrated to many other contexts. He was also a leader in The Church of Jesus Christ of Latter-day Saints .
Largely from his work at Becket and conservative credentials as Attorney general of Missouri, Senator Hawley is now widely recognized as one of the nation’s leading constitutional lawyers. He was one of the lead attorneys in fighting Obamacare at the Supreme Court. During his time at Becket, Hawley was part of the team that won two major U.S. Supreme Court cases.
In Burwell v. Hobby Lobby Stores, Inc., the Court held (5–4) that the Religious Freedom Restoration Act of 1993 permits closely held for-profit corporations (e.g., owned by a family or a family trust) to refuse, on religious grounds, to pay for legally mandated coverage of certain contraceptive drugs and devices in their employees’ health insurance plans. In this ruling, the court held that closely held for-profit corporations are legal “persons” under the RFRA and are therefore capable of exercising religion.
In Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission. The Supreme Court held unanimously that federal discrimination laws do not apply to the choice of religious leaders of organizations and how those leaders set rules for employees. The Court enshrined the right of religious organizations (and schools they operate) to practice discrimination against persons otherwise protected by federal regulations against discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information or retaliation).
Senator Hawley now serves on the five Senate Committees: The Judiciary; Armed Services; Homeland Security and Governmental Affairs; Small Business and Entrepreneurship; and the Special Committee on Aging.
In short, Hawley is a well-known Constitutional lawyer. He seems to believe he is protected from political attacks by the Party of Trump and the ranks of ultra-conservative Republicans who hope to cause chaos on January 6. Hawley is enabling another highly visible and totally false claim that Trump’s election was stolen. The difference now is that Hawley is a well informed constitutional lawyer willing to blow his own horn, make false claims, and take up a lost cause for his own hoped-for political gain. He will probably focus on the issues in Pennsylvania, where lawyers for Trump scored a win on a matter of “voter suppression” by Democrats.
https://www.becketlaw.org/staff/josh-hawley/