Friday, November 20, 2020

Trump's effort to subvert the Electoral College - a Letter to the White House

The President is embarrassing himself and his party. Indeed, at some point, the Vice President will need to intervene to remove him should he continue to seek the overturn of a valid election result.

Should states with Republican cede to his request, the House of Representatives would never allow Electoral College votes obtained under such circumstances to be counted. The 12th Amendment gives them this power and the Supreme Court will defer to it.

Under the 20th Amendment, the Speaker of the House will serve as acting President effective January 20, 2021 until the matter is resolved, although I cannot fathom that they would not simply declare that any arbitrary change will not be allowed.

Amateur hour is over at the White House. At some point, President Trump will be removed - likely to Walter Reed for mental health diagnostics (as opposed to St. Elizabeth's Hospital, which is usually where insane visitors invading the White House grounds are sent by the Secret Service).

I understand that the President believes that he cannot be prosecuted while in office. In Trump v. Vance I, Judge Marrero doubted that the OLC memo is controlling law (19 Civ. 8694 (VM)). In the Supreme Court, Chief Justice Roberts ruled against the President as to any immunity before the law due to his holding office (“No. 19-635” Trump v. Vance, No. 19-635, (U.S. Jul. 9, 2020). Had the President been reelected, both SDNY and Mr. Vance could petition for his arrest and it would take place, with the Secret Service executing the order, which is within their jurisdiction involving financial crimes.

I invite you to share this letter with the White House Counsel. if he answers honestly, he will affirm this, as will Mr. Consovy. 

Do not trust Mr. Giuliani on this question. His loyalty is to those who pay his salary. I find it hard to believe that this person is the President. Rudy is running the President as a Putin asset.

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