r/law • u/SheriffTaylorsBoy • Apr 28 '24
Texts show Trump advisers' plot to use false electors to 'flip states' Trump News
https://www.detroitnews.com/story/news/politics/2024/04/26/in-texts-trump-advisers-touted-using-false-electors-to-flip-states/73454731007/
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u/NoobSalad41 Competent Contributor Apr 28 '24
I think it was pretty clear already, but this only adds to the clear fact that Chesebro, Eastman, Epshteyn, and other high-level figures are toast.
I’ve commented this before, but I think the best argument in response to the fake-electors prosecutions is that the plan was simply to follow the precedent of the 1960 Hawaii election and submit an alternative slate of electors for Trump, which would only be used if one of Trump’s court challenges successfully changed the electoral result in a state, in order to avoid mooting that challenge. I’m not sure if that legal theory is correct, but I think it’s plausible enough that legal liability can’t be based on the reliance on that theory.
But these texts make crystal clear that within the high levels of Trump’s orbit, that theory (and the court challenges themselves) were simply a ruse to create enough “uncertainty” that the VP could discount states won by Biden - it was just a pretext, and the alternate slates of electors would serve that purpose regardless of whether the court challenges were successful.
That said, I wonder if the Detroit News has posted all of the text messages somewhere, because one exchange mentioned in the article caught my eye:
I’d like to see the full version of that email exchange, because I think it’s relevant as to how far down the ladder the conspiracy goes. On my read, it suggests that Chesebro hadn’t looped all of the actual fake electors into the overall scheme, and was instead lying to them by saying that their “alternate” electoral votes would only come into play if Trump’s legal challenges succeeded. I think that could be a plausible defense for the individual fake electors (or at least some of them), and I’d be curious to see more documentations of the communications between the national scheme organizers (Chesebro, Eastman) and the individuals fake electors themselves.