The Conservative Judge Who Saved Democracy With A Twitter Thread

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Publish Date:: 17 October, 2022
Category:: MSNBC
Video License: Standard License
Imported From:: Youtube

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When John Eastman suggested that Pence had the power to subvert the election and “throw out” the disputed electoral votes, Eastman referenced the Electoral Count Act. Former federal Judge Michael Luttig refuted Eastman’s misguided reading of the Electoral Count Act, and advised - via tweet - that Vice President Pence had to count and certify the votes.

But that wasn’t the only tactic that Trump and his allies tried to use to remain in office. They also attempted to exploit vague language in a fringe concept known as the Independent State Legislature Theory (ISL). Extreme interpretations of the ISL doctrine argue that state legislatures have absolute power to set election rules and to determine disputed outcomes. It would give elected state representatives the authority to redraw districts without oversight, hand pick electors and even ignore their own state’s voting laws and constitutions. It was the “centerpiece of the effort to overturn the 2020 election long before the election itself,” Luttig tells Velshi. And arguments currently being made are “not tenable under any of the normal tools of constitutional interpretation.”

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