Since November, the Trump crew has increasingly employed a new tactic I’m going to call "stunt legalism.” It’s both unusual and important enough that I want to unpack how it works.

(Sorry, this is one of those threads)

This PA order, which Trump tweeted yesterday, is a prime example. A letter from four state Senators has no meaningful legal power, but that’s not obvious to a casual observer. Why would all these office-holders sign on otherwise? https://twitter.com/realDonaldTrump/status/1346652589673345024

If Pence refused to confirm Biden's electoral votes (as Trump has requested), it would have a similar effect.

Pence has no legal power over the result, but Republican voters are being told that he does. Otherwise, why all the fuss? (See also, Kraken.) https://www.washingtonpost.com/politics/2021/01/04/congress-presidential-election-january-6/

Normally, you engage in legal activities (elections, lawsuits, floor votes) in order to invoke the force of law. These are stunts because they have no chance of that. It’s all for show.

In this context, the trappings of authority (like the PA state seal) actually become *more* important. There is no legal force, so the point is the appearance of legitimacy, justifying coverage and stoking the base.

The show can be politically powerful! The PA order can be covered in right-wing media as a legitimate effort with a real chance of success (great for Hannity & Tucker).

When it fails, it’s more evidence of deep-state bias and everyone burrows in deeper.

When you ask Trump folks for evidence of election fraud, this is what they point to. There was a Fox News report about a lawsuit about poll-watchers! Ted Cruz mentioned it in a floor speech!

I worry that this will continue after Trump. It’s the natural result of a lot of trends in US politics, which has less and less purchase on the actual experience of living in this country.

If you lose the power to actually improve people’s lives, the show is all that’s left.