John Eastman misplaced his job, is dealing with a number of bar complaints, and is embroiled in two federal lawsuits with the January 6 Choose Committee. However he’s nonetheless speaking, and never simply to inform the Nationwide Evaluation that he’s the white knight savior of January 6.
Rolling Stone’s DC bureau chief Andy Kroll has an article out now detailing efforts by Republicans in Wisconsin to overturn the outcomes of the 2020 election, or on the very least to be sure that the Republican nominee takes the state’s ten electoral votes in 2024 it doesn’t matter what occurs on the poll field. And the place you discover legislators making an attempt to overrule the need of the voters, you’ll discover John Eastman.
In a December 30, 2021 memo (sure, one other one!) on letterhead from his Constitutional Counsel Group, Eastman explains to Wisconsin state Consultant Timothy Ramthun the ins and outs of “recasting” electoral votes if the legislature doesn’t like the best way the voters forged their ballots.
“You’ve got requested me to offer an opinion letter addressing whether or not a state legislature has the constitutional authority to decertify beforehand licensed electoral votes for a candidate for the workplace of President of the USA upon a definitive exhibiting of illegality and/or fraud adequate to have altered the outcomes of the election,” he begins, earlier than occurring to insist that legislators don’t have to point out fraud as a matter of regulation, however solely as a matter of political necessity or “prudent statesmanship.” Simply in case there was any doubt that he’s giving political cowl to a legislative coup.
He insists that the state legislatures have plenary authority to nominate electors beneath the Structure they usually retain the authority to recast electoral school votes “at any time,” even after a brand new president is inaugurated on January 20, though he acknowledges that “the counter arguments improve in energy” as time goes by.
Actually, Eastman insists, the legislators should arrogate to themselves the ability to find out the election in the event that they suppose there may be fraud, merely as a matter of “prudent statesmanship.”
Fortunately, on this occasion, Eastman says they’ve simply that. In keeping with the previous dean of Chapman Regulation College, adjustments to Wisconsin electoral process which made it simpler to forged a poll throughout the pandemic render the vote sufficiently suspect that the legislature can merely name it a tie and forged itself because the dealbreaker. If county registrars enable for “absentee ballots to be returned to so known as ‘human drop packing containers’ slightly than mailed or delivered in individual to the clerk in an unlawful poll harvesting scheme,” then the legislature has the fitting to presume that each one of these votes are fraudulent and thus the election doesn’t rely, he argues.
Eastman has an entire host of different nifty methods to get across the patently undemocratic nature of his proposal. He begins with the Supreme Court docket’s holding in Bush v. Gore that”the state legislature’s energy to pick the style for appointing electors is plenary; it might, if it so chooses, choose the electors itself.” If the vote itself is illegitimate, Eastman causes, then so is the certification by the secretary of state or the governor, and the legislature might merely disregard it. And if the certification is a nullity, then the electoral school slate submitted to congress can also be null and void, offering ample justification for each the vp and congress itself to easily disregard electoral slates at will.
Even the inauguration of the brand new president isn’t any barrier, as a result of “one vital widespread regulation precept is that actions taken as the results of fraud or illegality are void ab initio, and might be rescinded.”
By this logic, the legislature retains “plenary” jurisdiction over the electoral school votes in perpetuity, thereby enabling it to claw again not solely the 2020 electors, but in addition those from 2012. So there’s hope but for Senator Romney’s presidential aspirations. Lastly some Mittmentum!
Or that is some loopy lipstick getting smeared throughout a large squealer of an electoral coup. OINK OINK.
Eastman Memo [Rolling Stone]
Liz Dye lives in Baltimore the place she writes about regulation and politics.