Short thread for the "what did you want Dems to do about @GSAEmily" crowd. She should have been given 48 hrs after the race was called to "ascertain" Biden's win. Then, House Ds should have subpoenaed her & Biden should have filed an emergency DJ action in the DDC.

Sure, she could have blown off the subpoena, but a lawsuit would have forced her to make arguments in court that have to withstand scrutiny, not some dumb talking point for media consumption.

If she argued "this is like 2000" a judge could have pushed back, pointing out the multiple states & much larger margins for Biden. She would have had to define what "ascertain" means & a judge could put meaning to that word.

Also, a judge, by her questioning, could intimate what flexibility she is willing to offer. Maybe GSA would have been given until enough states certified to get Biden to 270 or maybe the judge would have allowed for *some* access.

The point is - if you don't try, you don't get anything. Sure, a judge could also abstain, say "political question" not getting involved, but you have to take a chance and applying pressure has its own value.

It was a tactical blunder that has now handcuffed the Biden team. I think a judge would be sympathetic to the idea Biden needed *some* access to information - particularly b/c of the public health & national security implications.

But just holding out and trying to be above it all is a public relations strategy, which is fine until January, when no access has been given and Biden starts behind the 8 ball b/c his entire transition was stymied.

tl;dr, filing suit would have forced the issue. At worst, a judge would have stayed out of the fight. At best, Biden would *RIGHT NOW* have access to critical information that would help him govern starting on 1/20/21. /fin