The mass hysteria is exhausting
It's entirely without reason, hence why it's exhausting

There are any of several thousand better uses for one's anxieties https://twitter.com/wallstwife/status/1325949654425497600
Your choice, literally any date you want

No one is stealing anything. They're fundraising https://twitter.com/wallstwife/status/1325950190990225408
Who said anything about trusting Republicans?

I don't need to trust Republicans doing the right thing to know the system won't let them succeed at the wrong thing https://twitter.com/hindsworth1/status/1325950834803437568
I agree with @lessig – he gets a bit deeper into the theory than I do, but the points he makes at the start of the piece are the exact same as I've been saying in the other threads https://twitter.com/mrmattschelling/status/1325951083752136704
Norms are norms; if they're disregarded, life still functions according to laws

And the laws have been working just fine for the last 4 years, as shown by Trump's win-loss record in court https://twitter.com/gundamguy/status/1325951837225279488
The Secret Service would escort him from the White House https://twitter.com/jdotshack/status/1325951823837093893
"This is on you, @greg_doucette"

Next we just need #ThanksGreg trending 🙃 https://twitter.com/tripledaddy/status/1325952358325641219
Correct

And on January 20th at 12:00pm, that person will either be Joe Biden or Nancy Pelosi https://twitter.com/mottsnile/status/1325952858320105477
Agreed https://twitter.com/syberghost/status/1325953044979150849
The Secret Service agents get held in contempt and jailed until they get to someone who follows orders https://twitter.com/cfunk1/status/1325952962670317568
Theoretically he'd be transported to the DC Metro jail

But realistically he's they'd just dump him outside the gate https://twitter.com/alisonmalort/status/1325953431287320580
True https://twitter.com/yeoz/status/1325953512107352066
They don't have an obligation to move forward until 12/14

If they want to be petulant by waiting, they can. It's not illegal https://twitter.com/tommysommertime/status/1325953656265510912
There's no obligation that the Chief Justice administer the oath, just that it's done

Biden could grab any random notary public in Delaware to do it https://twitter.com/mkees1/status/1325953686837850114
Maybe in his own mind that's true

From a legal standpoint, though, a concession is irrelevant https://twitter.com/rodt3/status/1325954007974731776
They're obligated to do it when the results are "apparent" – I think that's no later than 12/14, and arguably as soon as whenever states with 270+ combined electoral votes certify their results https://twitter.com/yuusharo/status/1325954852590006273
DeJoy is leaving with Trump on 1/20

I'm skeptical he'll ever be charged with anything though https://twitter.com/doodlebard/status/1325954284945510400
No, this was in reference to the General Services Administration and the $$$ + office space they provide to the President-elect and Vice President-elect during the interregnum https://twitter.com/bm_qausimoto/status/1325955590510829570
Presidential Succession Act of 1947, 3 USC §19(a)(1) https://twitter.com/earacheeye/status/1325956249075257346
Literally nothing

The Senate can't pass any laws at all without approval by the Democrat-controlled House https://twitter.com/sleepyzomby/status/1325953651970596864
I feel the same about every time I was assured the courts wouldn't stop him and they did https://twitter.com/karlrunser/status/1325956992242999296
We have far more bureaucracy and vastly more elected officials who owe their continued existence to the orderly transfer of power https://twitter.com/miiobolts/status/1325957065647525889
We've already addressed the statutory text in several tweets across several threads

An obligation that's "not clear" means no law is broken if nothing is done right this instant https://twitter.com/tommysommertime/status/1325957315531579398
The courts are not "stacked with Trump loyalists"; if they were, the Trump administration wouldn't have lost so many lawsuits over the past 4 years

The laws governing the transfer of power are clear https://twitter.com/dannymacint0sh/status/1325957470418841608
😂😂 https://twitter.com/recycledsponge/status/1325957782420525056
Sounds like you need to log off Twitter and go stock up on guns and ammo https://twitter.com/karlrunser/status/1325959555893915648
State legislatures only decide the result if a majority of the House consents https://twitter.com/bearnamedgreg/status/1325959861180510209
These agencies aren't monoliths

The US Marshals, the FBI, the ATF, ICE, CBP, IRS – pick any of the legions of federal law enforcement agencies, go through the roster until you find someone who doesn't want to go to jail, and jail the people who defy orders

This isn't hard https://twitter.com/calmicc/status/1325960611298209795
Exactly right https://twitter.com/bearnamedgreg/status/1325961053700845569
The bureaucracy helped harden voting systems, and the social media companies helped limit disinformation

Trump had nothing to do with it https://twitter.com/ric_pickle/status/1325960902840102914
The process is laid out in 3 USC §15

No abnormal slate gets approved without the majority blessing of both houses of Congress https://twitter.com/abarnes94/status/1325961303572287489
It's not gaslighting at all

You're adamant that the law doesn't matter and we're gonna have a coup and anyone who thinks you're being silly is wrong

In which case you should be preparing for the coup instead of tweeting https://twitter.com/karlrunser/status/1325962386574958592
It's a class political question, there's nothing for the courts to weigh in on without violating separation-of-powers https://twitter.com/aminotaurswords/status/1325962050548297728
He was. But as board members rotate off, Biden appoints their replacements

DeJoy certainly could stay, but I'm skeptical he will – especially with a DOJ willing to investigate him https://twitter.com/shell4747/status/1325963752873848836
FEC and NC Board of Elections are both looking into those IIRC. Doubt he's criminally charged but it's possible https://twitter.com/dtuniman/status/1325956243798720512
Not really, no

I'm telling you what the law is

If you want to pretend this is all a giant game of Calvinball and everyone can make up the rules as they go, log off Twitter and go stock up on guns and ammo https://twitter.com/jinbmore/status/1325963876966555648
Because laws have constrained their behavior since 20 January 2017, and anyone who tells you otherwise has a selective recollection of the past 4 years https://twitter.com/jefoster/status/1325966864401489920
It's a re-run of the "Obamagate" investigation

He's generating content for people to fundraise off of, it's not going to actually produce anything https://twitter.com/huray4m/status/1325965451705393155
No https://twitter.com/jackcox/status/1325968226329784321
Or, yes technically

Whichever one most accurately affirms that it's not something to worry about

@jackcox
Is Eagle One in Raleigh on Twitter? 😂 https://twitter.com/markimbriaco/status/1325968278762770432
SCOTUS can't dictate how Congress wields its power to set the elector deadline under Article II Section 1 without violating separation-of-powers https://twitter.com/jdonbirnam/status/1325973156755103744
Bannon's gonna get a blanket pardon

I'd be shocked if Trump lets him hang https://twitter.com/doodlebard/status/1325970218783444995
Exactly right

Biden can carry out his POTUS duties from his home in Delaware if he wants https://twitter.com/villain_tiny/status/1325975469859233794
It's given me a horrible migraine 😂

👊 https://twitter.com/booklov78/status/1325975689040834560
Yes

There's no requirement for criminal charges to be filed. See, e.g., this excerpt from Ex Parte Garland https://twitter.com/marylande/status/1325976030964838400
Then why are you on Twitter and not out stockpiling guns and ammo? https://twitter.com/jefoster/status/1325976595430055936
I think he's had a higher incidence of unqualified appointees, but most of his appointments are at least minimally competent and within the judicial mainstream https://twitter.com/sklz711/status/1325976708017577984
I'd pay to watch it, but not getting my hopes up https://twitter.com/realswoletariat/status/1325977201758498817
It's a campaign document

You can tell by the inclusion of months-old complaints (Exhibit B), and the fact no challenge form was ever filled out (Exhibit A)

It's going to lose https://twitter.com/azdeutsch/status/1325978380538421248
You live in Texas, for you that's a given https://twitter.com/haygoodlaw/status/1325978471940681734
💯 https://twitter.com/jzintheqc/status/1325984254711517185
Fun tip: no one cares https://twitter.com/missingpundit/status/1325985257586241541
It's not going to happen

The elector slates are chosen by the political parties in consultation with the campaigns https://twitter.com/mjstopshelf/status/1325977339843502080
I'd argue the prerequisites to be President don't apply to be Acting President, because they're not actually "in" the office versus temporarily wielding its powers https://twitter.com/blondino/status/1325994672800497664
Did you read the thread? Or just feel compelled to reply at the first opportunity?

I'm counting on the law. Which makes pretty clear that any President other than Joe Biden won't be inaugurated unless a majority of the Democrat-controlled House agrees

Tweet less. Read more. https://twitter.com/trump_democrat/status/1325958007948271621
A competent fascist wouldn't have needed to pull it off, b/c a competent fascist would have had himself successfully declared President for life years ago https://twitter.com/awildbread/status/1326022118119632896
Electors were chosen by the political parties in consultation with the candidates months ago, they won't go faithless

State legislatures can't send their "preferred electors" without approval by a majority of the US House and the US Senate https://twitter.com/casey_eg/status/1326021843141079040
Yep. But that requires Democrats to win more elections https://twitter.com/aaronbrotman/status/1326023726014590976
Accurate https://twitter.com/wwahammy/status/1326024959626518528
Sounds like you should read more

And then get back to stockpiling guns and ammo https://twitter.com/jefoster/status/1326023876925599745
https://twitter.com/jefoster/status/1326027197476442115
One state per vote is for a contingent election under the 12th Amendment when no candidate gets a majority of electoral votes

Resolving disputes under the Electoral Count Act is done in the regular course of business, a majority of 435 and a majority of 100 https://twitter.com/samiamutoo/status/1326113568803131392
Most of the career attorneys aren't actually resigning, they're just getting re-assigned to other units within the DOJ

The ones who are resigning are getting fat paychecks at white shoe law firms https://twitter.com/samiamutoo/status/1326112183227473920
This critique might make more sense if 1️⃣ I wasn't in state-level criminal defense, which is going to continue regardless of what happens federally, and 2️⃣ I didn't have the ability to leave law whenever I want and go back to coding, the field in which I was trained https://twitter.com/newpressnews/status/1326195704860172288
If you want to go nuts stressing about something that's not going to happen because you don't know the law and have people telling you to panic, knock yourself out

Just don't expect me to ratify it
No doubt. But that just means it's no different than the past 4 years https://twitter.com/connollyip/status/1326201131454914561
Software. My degree (and first "big boy" job) was in computer science https://twitter.com/torchytoo/status/1326198405933096967
No, I very explicitly said – multiple times – that they have not "attempted a coup"

They're trying to raise money and keep the base angry until the GA Senate runoffs

Now who's doing the gaslighting? 😂 https://twitter.com/smurray1000/status/1326208207899914240
So stop @'ing me when you should be out stockpiling guns and ammo https://twitter.com/leysmed/status/1326213315039801345
This is a superlative write-up, and succinctly explains the exact same things I've been tweeting (plus it's from someone who has more cred than me) https://twitter.com/justinlkurth/status/1326212977427542016
No

What would you honestly expect Pompeo to say? "The guy who can fire me for any reason between now and 1/20 got smoked, and I look forward to his replacement by someone who won't keep me as Secretary of State"? He'd be sh*tcanned and lose 2 months of salary in a cozy job https://twitter.com/mattathias17/status/1326228818013679616
That would be fine for us, it wouldn't be fine for the guy who would fire him if he didn't go balls out with the rhetoric

Ppl need to keep their eye on the ball IMO https://twitter.com/crookedknight/status/1326235022530064385
Agreed, but we *already knew that was going to happen*

I guarantee Biden/Harris already knew it too https://twitter.com/baetsmen/status/1326234650910601217
There's nothing to remove

Donald Trump stops being President at 11:59:59am EST on January 20th

The person doesn't leave the office, the office leaves the person https://twitter.com/altbrutus/status/1326234950878830594
I would literally never be concerned by the rhetoric

I'll start to worry when a federal court says the very existence of mail-in ballots violates the Equal Protection Clause of the 14th Amendment, and not a minute before then https://twitter.com/trayloralan/status/1326235984741060608
A third of the country though the same thing about Trump in 2016

Something like a quarter of the country thinks the Earth is flat

The fact our system of government has upended the process of natural selection and allowed total imbeciles to procreate doesn't change reality https://twitter.com/jakewhiteshark/status/1326236374358351872
Your optimism is endearing but totally misguided https://twitter.com/andreapannell/status/1326235947801866240
Precisely right

Especially when Biden has already given speeches making clear that the transition is moving forward https://twitter.com/anniesurlar/status/1326235860279283721
Literally no one is being disenfranchised at all

People got to vote

The votes are being counted, canvassed, and certified

Joe Biden won and will be the next President https://twitter.com/ultraviolentl/status/1326237063239360513
None of those people have been at-will Cabinet officials though

The only Republicans who have mumbled out anything have either been independently elected or are protected from firing by civil service laws

Everyone toeing the party line is protecting their paycheck https://twitter.com/heymjh/status/1326238464078213121
I spent literally the entire summer sharing videos of cops and Klan beating people for sport, running them over, shooting them, etc etc etc

The Trumpist unrest has already been going on for months https://twitter.com/mo_smithereens/status/1326238421153624067
@ me when that happens https://twitter.com/mitchblatt/status/1326239178217152512
Because if it's going to happen, you need to stop tweeting immediately and rush out to start stockpiling guns and ammo

The reality is we have too many political actors whose livelihoods are dependent on the orderly transition of power, and judges dependent on the rule of law https://twitter.com/mitchblatt/status/1326240387112038402
Exactly

If *that's* where you think we are, your time would be better spent ensuring you're better armed than the other side https://twitter.com/wqsaves/status/1326240348818075650
No

Counting starts alphabetically from A. If there's an unresolved dispute, counting stops until it resolved

If it stays unresolved until January 20th, it's Acting President Pelosi time https://twitter.com/infosecadrian/status/1326241958508027910
If we're assuming a majority of the Democrat-run House just rolls over and accepts every bad faith dispute – knowing what the outcome would be – then ok yes you could get 4 more years of Trump

It's beyond ludicrous to think that would happen though

@InfoSecAdrian
I think it's at least as likely you have the "protected" members of the Senate – Collins, Romney, etc – side with their Democrat counterparts to block the shenanigans

@InfoSecAdrian
I don't know D internal politics well enough to know who the Speaker will actually be, you may be right

Regardless, we know it will be another D https://twitter.com/akivacanaan/status/1326242742784167939
It's not about integrity, it's about leverage

The Senate can't force the House's hand. If there's a fight over electoral votes because the Senate refuses to acknowledge a slate of electors, everything freezes and – if it freezes long enough – the D Speaker is Acting President https://twitter.com/yorkeobrien/status/1326244194881515520
There's no scenario or path where litigation or parliamentary procedure leads to an R President, unless the House says "f*ck it" and goes along

It's either President Joe Biden, or Acting President [Speaker of the House]

@YorkeOBrien
Trump doesn't get a say in the matter https://twitter.com/brunopresents/status/1326243325767266305
What I expect doesn't matter

If every single Republican breaks the rules, they can't force the House to break the rules too

*At best,* they get Acting President [Speaker of the House] https://twitter.com/yorkeobrien/status/1326244948644139014
➡️ Bush v Gore was correct; that's why the predecessor rulings leading to it were both 9-0

➡️ 2000 was a fight over a recount of a 500ish votes in one state, not an initial count of tens of thousands of votes in 4 states

➡️ SCOTUS has -0- power under the Electoral Count Act https://twitter.com/alaindelon3323/status/1325953742320115714
If you genuinely think they're "doing away with the election," then you need to log off Twitter and go stockpile guns and ammo https://twitter.com/yorkeobrien/status/1326246285603729408
You're not taking them at their word

If you were taking them at their word, you'd be out stockpiling guns and ammo instead of tweeting me https://twitter.com/yorkeobrien/status/1326251964540350465
Who's he going to strongarm?

The Secret Service agents who despise him?

The military that's half people of color who voted for his opponent? https://twitter.com/trelarosa/status/1326252727895207936
Sure

Not enough to seize the Government by force https://twitter.com/eternalmlcrisis/status/1326255066483974146
I'm seriously considering it https://twitter.com/tweetofsteiner/status/1326254445756358658
A federal appellate court ruling that the very existence of mail-in ballots is an unconstitutional violation of the Fourteenth Amendment

Literally nothing else will affect the outcome https://twitter.com/prannon/status/1326256490831876099
This is a 100% legitimate concern!

And always what Trump was going to do, that's been openly talked about for months

If Biden/Harris expected anything different then they deserve the consequences – but they're actions so far show they planned ahead https://twitter.com/johngveazey/status/1326256778925977600
True. They're not going to *get it* in the PA suit, but that's the sort of swinging for the fences they'd need to have the slightest snowball's chance in hell https://twitter.com/crookedknight/status/1326257135693520898
Remind me of this on January 21st https://twitter.com/eternalmlcrisis/status/1326256654799790083
I don't know why, that sh*t was going on long before Trump came to power https://twitter.com/dorkaslane/status/1326242521312358404
No

If the rule of law means nothing – which is what a bunch of people are telling me are their genuine beliefs – then we're back to the state of nature and might makes right

So stockpiling guns and ammo. And probably food. https://twitter.com/swiftonespeaks/status/1326242616732655616
Yes, IMO

Many left-wing groups will help you get oriented https://twitter.com/violiav/status/1326261223344762881
This is a fair analogy https://twitter.com/amazingprizzini/status/1326258672381677569
The unrest has already been going on https://twitter.com/____________nj/status/1326259325707444227
This requires a majority of the Senate and a majority of the (Democrat-run) House to accept when they count the EVs on 1/6 https://twitter.com/fpgeek/status/1326263087641448448
Counting stops until the House and Senate resolve the dispute over that particular state. See 3 USC §15 ("No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of") https://twitter.com/shariyoungbloo1/status/1326264746891472898
Congressional Research Service report on counting electoral votes (11/2016): https://crsreports.congress.gov/product/pdf/RL/RL32717/12

Law review article detailing scenarios: https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=2719&context=luclj

@lawfareblog explainer: https://www.lawfareblog.com/how-resolve-contested-election-part-3-when-elections-fail

TL;DR: a "legal" coup is not possible
No

That only applies to a contingent election under the 12th Amendment, not to the counting of electoral votes https://twitter.com/ttaskett/status/1326267200731295745
Which would lead to state's appointing their own slates of electors

The approval of which requires a majority of the Senate and a majority of the House

We've been over this repeatedly, and I've shared outside sources from scholars detailing it too https://twitter.com/ttaskett/status/1326268416794251265
1️⃣ Keep the base angry so they'll make donations to the "legal defense fund" that is actually being diverted to pay Trump's campaign debts (see the screenshots at https://twitter.com/greg_doucette/status/1325848491504111616)

2️⃣ Hope the angry base turns out for the Georgia Senate runoffs https://twitter.com/duh_natural/status/1326268828045762562
It won't work, because this sort of attack needed to be made before the election

But this is the sort of swing-for-the-fences argument that could hypothetically affect enough votes to matter

This is the only lawsuit so far worth even an iota of attention https://twitter.com/angelarte13/status/1326294274166677504
No https://twitter.com/m90photo/status/1326296773116260358
I don't know, but I doubt it – I don't think there's been an issue since it was enacted to get Congress's attention on amending it

2001 was as close as it got https://twitter.com/lastdocent/status/1326298157001572354
You heard wrong https://twitter.com/godessofcrypto/status/1326299693882761218
"Faith in the electoral system" has always been a myth outside of the Power Elite

And the Power Elite will continue to have faith in it, because they recognize the bullsh*t https://twitter.com/arel_ra/status/1326297791614902273
Because people far smarter than both of us prepared for things like this https://twitter.com/moonbeamer6/status/1326298236517310466
Exactly

Potentially invalidating all elections, in all states https://twitter.com/jjgass/status/1326298086138843138
It's not going to happen, so not worth worrying about

It's the law equivalent of asking me what happens if oxygen becomes poisonous to humans tomorrow https://twitter.com/uiri00/status/1326298863594995712
And even "at the very least" is doing an enormous amount of lifting in your statement

No court is going to invalidate mail-in voting that's been used for ages https://twitter.com/asg_jeph/status/1326298900244787200
Exactly

It's a fundraising move, not a legal theory https://twitter.com/alisonkostas/status/1326303243991920642
Fuuuuu that's technically true in its ozone / O3 form

I should have been more specific 🤦‍♂️ https://twitter.com/eigenvectrix/status/1326306429959987200
But would that be from too much O2 or not enough nitrogen / etc?

Biology obviously isn't my strong suit https://twitter.com/jamesjhare/status/1326310246982311937
Got it 👍👍 https://twitter.com/caffeinewarm/status/1326311080449204224
The violent wing of the Republican Party has been this way for years now

MAGAts are no more dangerous today than they were a week ago or a month ago or a year ago https://twitter.com/syllablehq/status/1326311453926846464
I mean they killed people in Charlottesville and that was 2017
President Biden tells him to get f*cked as he's carried out of the White House https://twitter.com/samtubman/status/1326312475562741765
They ignore him, like they've done before already https://twitter.com/dennis888/status/1326314130047815680
Sadly I already QT'd your earlier one with the typo 😩

"President Biden tells him to get f*cked as he's carried out of the White House" https://twitter.com/samtubman/status/1326312894095642626
10,000-50,000+ depending on the state

More vote fraud than has ever occurred in any election ever in the entire history of the country https://twitter.com/thanks_verycool/status/1326316069355724800
No, Van skips over most of what's in the Lawfare article

It's a terrible video and TED should be embarrassed it has their branding https://twitter.com/kfgibson/status/1326319413298036736
Barr's objections wouldn't matter. 20th Amendment empowers Congress to designate "persons" for the line of succession, they can include anyone they please

House can also tinker w/ line of succession by impeaching those they don't like; those "under impeachment" can't take over https://twitter.com/dankamen/status/1326334295796043777
It's basically the political equivalent to a BATNA in law (Best Alternative To Negotiated Agreement) – the authors contemplate the House negotiating a preferred Acting President, as a hedge against the small-but-nonzero possibility the Succession Act were somehow invalidated

1/ https://twitter.com/dankamen/status/1326336276065357828
Doesn't mean that outcome is likely, just means the politicians may decide it's better to have that finality rather than force some other resolution

If we get to that point, people should be focused like a laser on ensuring their Congresscritters stand strong

2/2
@dankamen
No. An official under impeachment can't take over as an Acting President under the Presidential Succession Act. If Trump resigned, Pence would be President (not Acting) under the 25th Amendment Section 1 https://twitter.com/joelcsaunders/status/1326336639711371264
A tremendous amount. He's still the President of the most powerful country on the planet https://twitter.com/miguelalbion/status/1326338454012059648
No https://twitter.com/letsgorock3ts/status/1326341522556657669
Democrats losing focus and chasing every random "iT's A cOuP!!1" utterance rather than focusing on winning the 2 GA Senate races https://twitter.com/danhalcyon/status/1326341804627726338
There won't be any counts still going by January 20th

All the counting will be done everywhere by the end of November, as it's always been for decades now https://twitter.com/thomasfaiella/status/1326344032637906945
No https://twitter.com/jsgjames/status/1326341967215779847
Would not-at-all be surprised if @EvanMcMullin is correct https://twitter.com/wondergrace09/status/1326343794132979713
Red, but not for political reasons 😂

I tend to strongly dislike blue, also not for political reasons https://twitter.com/katiecannon2/status/1326346779336581125
https://twitter.com/seiko_millo/status/1326382794096971778
I have not, I'm very much unaffiliated

Democrats are exhausting, frfr https://twitter.com/energyandspace1/status/1326382386918068224
Is UC Irvine the best public university in California? https://twitter.com/az_4_ca/status/1326387552656486401
👊 https://twitter.com/trogdor8768/status/1326388022024294407
You made it just under the wire, but this is officially the stupidest thing I've read today

Congratulations! https://twitter.com/natearsenic/status/1326387930055766018
He's not "trying to use faithless electors to get to 270"

Electors are chosen by the political parties, months before the election

Biden's electors were chosen by the Democratic Party in coordination with the Biden campaign https://twitter.com/melimel521/status/1326393084897341440
They don't think before they tweet https://twitter.com/straightcash93/status/1326392065484271617
If people are embarrassed, they probably should be

Plenty of actual problems to protest instead of things that aren't going to happen https://twitter.com/nerdtypething/status/1326527004598915072
There's no mechanism to re-do a presidential election

From a 100% pure theory perspective – because there is literally no chance this would happen, a bona fide 0.0% odds – a court would throw out the mail-in ballots and the remaining votes would be certified https://twitter.com/ana_safavi/status/1326577567604805632
Several times :)

See if this works, then sort by "Latest" and scroll down: https://mobile.twitter.com/search?q=3%20usc%2015%20from%3Agreg_doucette https://twitter.com/bashthefash_bb/status/1326581639301001217
Honestly I have no idea. I'd assume so, but this is the law equivalent of asking me what happens after someone successfully divides by zero https://twitter.com/agorist/status/1326582783817388032
What Trump does doesn't matter here

All that matters is what the US House of Representatives does on January 6th https://twitter.com/isshocked/status/1326583976459456513
Folks forget that when these documents were crafted there was no imperial presidency and no judicial review

Congress has always been the supreme branch, for 232 years

Unless we're at the tanks-in-the-street guns-and-ammo phase, Congress decides everything
And if we *are* at the tanks-in-the-street guns-and-ammo phase, your country needs you to do something more important than doomscrolling Twitter
Absolutely, now that I know none of them have spines https://twitter.com/trelarosa/status/1326585402170413057
Only if there's a contingent election under the 12th Amendment

There won't be, even though nearly every high-profile commentator talking about the transition jumps there first https://twitter.com/hofgina/status/1326588146302201856
State laws, and state lawsuits, will determine how to handle certification until the federal safe harbor deadline of 12/8

No matter the results, a majority of the House would have to approve a resolution to any dispute over a state's electoral votes on 1/6 https://twitter.com/duh_natural/status/1326589192688832519
Currently unknown, but probably not

Explanation here (in the context of a gubernatorial veto): https://twitter.com/greg_doucette/status/1326183382594842624

Then the 7 tweets after it https://twitter.com/guyfiero4/status/1326590578566586369
I doubt it; I think Senate Republicans are smart enough to know how the game ends if they decide to play

But the possibility is no longer zero that you end up with an Acting President

Still very, very, very close to zero though https://twitter.com/guyfiero4/status/1326592566591168513
Depends on how much LSD one takes before answering https://twitter.com/seanbright/status/1326593360220606466
You... would?

I don't understand the question. SCOTUS interpretation of the Constitution – specifically the Elections & Electors Clause – is the basis for the ruling in McPherson v Blacker that a state can't dilute a state legislature's power to pick electors https://twitter.com/garjen99/status/1326593727348043777
Yes, it would be Acting President

The 20th Amendment empowers Congress to provide by law for succession when there's no VP to succeed, and the Presidential Succession Act designates that person as Acting President https://twitter.com/mullymt/status/1326595457682984966
Acting until the House and Senate reached an agreement on how to resolve the underlying electoral vote dispute

At it's maximum it would be 4 years, at which point a new presidential election and new Congress would have better luck https://twitter.com/overhimself/status/1326598216469590016
I don't think so

20th Amendment requires Congressional approval of a VP, but under the Electoral Count Act all Congressional business stops until the vote dispute is resolved

Cabinet members would be on an acting basis for 210 days at a time under the Vacancies Act https://twitter.com/digitalhen/status/1326605110684897284
They certainly could, I think the question is whether they'd know when they vote for a Speaker on the 3rd whether there's likely going to be a dispute on the 6th https://twitter.com/shrimpmeatmom/status/1326604398059982848
Absolutely right

That's why I know it's not going to happen, and won't panic at all until it does https://twitter.com/trade_well/status/1326606598253457410
Just a random lawyer who threads his tweets 😂😬 https://twitter.com/isabella3leoni/status/1326646244668792837
I've broken every threading app twice now 😬

First with the Threadnought last year, then the Police Brutality Mega-Thread earlier this year https://twitter.com/imdaprincesse/status/1326650412427079681
Of course 👊 https://twitter.com/arachnigamer/status/1326650795916480514
If we end up with tanks in the streets and a military overthrow, feel free to visit me in the gulag to tell me I was wrong https://twitter.com/tc_nj7/status/1326652309120626688
Constitutional law has been my jam since I was in high school, I read a lot of stuff no sane person should read except in times like these https://twitter.com/twladygrey/status/1326652174168977419
I've got three 17rd magazines just in case, and a long list of former clients to call for help https://twitter.com/syberghost/status/1326651709494599681
I didn't think he was something to panic over, but I knew the GOP wouldn't hold him accountable and it would be a total sh*tshow

This was me back then: https://twitter.com/greg_doucette/status/727688904837599232 https://twitter.com/d_veebee/status/1326653838619795460
So the short answer is probably, but it would take some shenanigans akin to nuking the filibuster

The law as it exists right now is that everything stops. There's no business until the electoral vote dispute is resolved, as a way of forcing resolution

1/
@the_quark https://twitter.com/the_quark/status/1326680513289990144
But there's no real way to punish the House if they break that law

So someone would move to do X, the presiding officer rules it out of order as a violation of 3 USC §15. Then that person appeals the decision of the presiding officer, which takes a majority vote

2/
@the_quark
Assuming a majority of the chamber votes to support the appeal, things could theoretically go back to regular order (just with the still-pending electoral vote dispute still looming in the background)

3/
@the_quark
And if you could convince the Senate to go along, theoretically you could even go back to passing legislation if both chambers concurred and the Acting President signed it

4/
@the_quark
It's bad from a rule of law standpoint because you're basically doing a parliamentary bypass of a regularly adopted law, but both chambers determine their own rules so SCOTUS can't do anything about it

5/5
@the_quark
Yes, there is no requirement for the Speaker to be a member of the House https://twitter.com/mbyrnes37/status/1326690656891363334
No https://twitter.com/eraserchild1/status/1326692187011100676
There's a leadership hierarchy in the House of who presides when the Speaker isn't around, they'd just follow that https://twitter.com/the_quark/status/1326691972044607488
You must not have been reading the whole thread lol

The overwhelmingly likely result is Joe Biden is sworn in like normal

The absolute best non-Biden outcome Republicans can get, even doing everything their way, is the Speaker of the House as Acting President https://twitter.com/bln231/status/1326691238825877504
They can't. Article I Section 5 explicitly gives each chamber of Congress the power to determine its own rules

SCOTUS can't force the House to resume counting electoral votes when there's a dispute. It's a classic political question https://twitter.com/monsterofcook/status/1326693698554503168
Unless they can find a sh*tload of fraudulent votes – and we're not talking handfuls or dozens or hundreds, but actual tens of thousands – it won't matter

There has to be enough fraud to actually change the outcome https://twitter.com/bearnamedgreg/status/1326693984501182464
Yep, got it shared somewhere along with the CRS write-up and the Lawfare lawsplainer https://twitter.com/kevin_wiener/status/1326695105928060929
That and Trump wanting money

The "Legal Defense Fund" donations that previously went to pay down his campaign debts are now going to his new leadership PAC https://twitter.com/imposter_edits/status/1326695210626191361
Elector slates had to be chosen by Election Day

Late slates require approval by a majority of the House and majority of the Senate under 3 USC §15

There's nothing for SCOTUS to weigh in on https://twitter.com/iratewoman/status/1326695367396655104
None for being Speaker, but whoever became Acting President would have to meet the requirements for President (natural born citizen aged 35+) https://twitter.com/californiasalvo/status/1326697313151160328
At which point an objection is filed, counting stops, and everything freezes until a majority of the House and majority of the Senate reach an agreement on how to handle it under 3 USC §15 https://twitter.com/bondibox/status/1326698289207648259
Yes https://twitter.com/matthew__cline/status/1326699368158646279
If the House and Senate don't reach an agreement, counting stays stopped and the (Democrat) Speaker of the House becomes Acting President on 1/20

There is no path for Republicans to do a coup without tanks in the street https://twitter.com/willardk/status/1326700514659196928
What do y'all do on normal days when you're not being loud and wrong in my @'s?
2020. Dems will control the House in the new Congress that starts on 1/3 https://twitter.com/twladygrey/status/1326701815795240966
Shredding documents and covering up crimes

What do you think Pentagon officials have to do with counting electoral votes in the halls of Congress on 1/6? https://twitter.com/willardk/status/1326702671722647552
Usually "mentions," sometimes "ats" https://twitter.com/varohaub/status/1326702300291887108
Doubt it. But it would expedite pardoning Trump https://twitter.com/picklejar1111/status/1326703765697650690
Wake me up when they declare martial law

Until then, go do yoga https://twitter.com/willardk/status/1326704394423971840
Judges are uniformly hesitant to punish bad lawyers. It's incredibly frustrating, but is a decades-old problem pretty much everywhere https://twitter.com/nicfuryusstylz/status/1326706687496040448
You typically have to f*ck up incredibly egregiously, for an egregious span of time, before a judge will care
@NicFuryusStylz
Yes; I passionately despise bad lawyering

But I'd also kill myself rather than be a judge, so it's a rather paradoxical hypo :) https://twitter.com/seifersythe/status/1326709877780180998
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