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Borrowed from the Endgame Parody

Team Trump’s Endgame

As Rick Hasen puts it, this is my effort to “Vulcan mind meld” with Stephen Miller. This is not a statement about what is likely. I’m not trying to worry anyone. I’m trying to point to where we should be looking, because so much is focused in all the wrong directions. So let me state it directly: stop with the obsession with the courts (it isn’t happening there) and stop with the attention to Mo Brooks (who is either an idiot or thinks you’re an idiot: Congress is not going to reverse this on its own, even if a Senator agrees with the objection). The only path they have is 3 USC §2, through an as-of-yet-untested theory of state legislative power.

Ok, so tl;dr:

(1) Those slates are not going to be certified because of any judicial decision that says that the elections were fraudulent.

(2) And Congress is certainly not going to vote to recognize those alternate slates: Such a vote, at a minimum, would require the concurrence of both Houses of Congress; obviously, the House is not going to so vote.

(3) The only hope the Trump team has for getting these alternate slates counted would be for state legislatures to declare that they consider their elections “failed,” thereby triggering 3 USC §2.

law professor, activist.

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