FAKE ELECTORS AND THE “THE PRESIDENT OF THE SENATE STRATEGY”
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objecting to the electors" because "it cannot be true that we can object to any state's presidential electors simply because we don't think they handled their election well or suspect illegal activity."[140] Senator Lee even questioned her about the plan's dangerous long-term consequences: "[w]ill you please explain to me how this doesn't create a slippery slope problem for all future presidential elections?"[141]
ENDNOTES
- “Transcript of Trump’s Speech at Rally before US Capitol Riot,” Associated Press, (Jan. 13, 2021), available at https://apnews.com/article/election-2020-joe-biden-donald-trumpcapitol-siege-media-e79eb5164613d6718e9f4502eb471f27.
- Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol, (Tim Murtaugh Production), XXM-0021349 (December 13, 2020, and December 14, 2020, text messages between Tim Murtaugh, Justin Clark, Jason Miller, and Eric Herschmann); Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Justin Clark, (May 17, 2022), p. 116; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Matthew Morgan, (Apr. 25, 2022), pp. 70–72; Select Committee to Investigate the January 6th Attack on the United States Capitol, Transcribed Interview of Joshua Findlay, (May 25, 2022), pp. 38–43.
- See Chapter 4; Senate Committee on the Judiciary Majority Staff Report, Subverting Justice: How the Former President and His Allies Pressured DOJ to Overturn the 2020 Election, (Oct. 7, 2021), pp. 20–39, 188, and Key Document H at pp. 185–191, available at https://www.judiciary.senate.gov/imo/media/doc/Interim%20Staff%20Report%20FINAL.pdf.
- Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Chapman University Production), Chapman053475, Chapman053476 (December 23, 2020, email titled “PRIVILEGED AND CONFIDENTIAL—Dec 23 memo on Jan 6 scenario.docx” from John Eastman to Boris Epshteyn and Kenneth Chesebro, with attached memo titled “January 6 scenario”); Documents on file with the Select Committee to Investigate the January 6th Attack on the United States Capitol (Public Source), CTRL0000923050 (Jan. 3, 2021, John Eastman 6-page memo); John C. Eastman, “Privileged and Confidential–Jan 6 Scenario,” (Jan. 3, 2021), available at https://www.scribd.com/document/528776994/Privileged-and-Confidential-Jan-3-Memo-on-Jan-6-Scenario; John C. Eastman, “Trying to Prevent Illegal Conduct from Deciding an Election is Not Endorsing a ‘Coup’,” American Greatness, (Sep. 30, 2021), available at https://amgreatness.com/2021/09/30/trying-to-prevent-illegal-conduct-from-deciding-an-election-is-not-endorsing-a-coup/ (embedded). See also Chapter 5.
- Order Re Privilege of 599 Documents Dated November 3, 2020–January 20, 2021 at 23, Eastman v. Thompson, No. 8:22-cv-99 (C.D. Cal. June 7, 2022), ECF No. 356, available at https://storage.courtlistener.com/recap/gov.uscourts.cacd.841840/gov.uscourts.cacd.841840.356.0_1.pdf.
- Order Re Privilege of Documents Dated January 4–7, 2021 at 36, Eastman v. Thompson, 594 F. Supp. 3d 1156, (C.D. Cal. Mar. 28, 2022) (No. 8:22-cv-99-DOC-DFM), available at https://storage.courtlistener.com/recap/gov.uscourts.cacd.841840/gov.uscourts.cacd.841840.260.0_10.pdf.
- The Trump team tried to justify its fake-elector scheme based in part on the 1960 Kennedy-Nixon election. At that time, following a close vote in Hawaii, Republican and Democratic electors each met and cast purported electoral college votes on the same day because there was ongoing litigation and a pending recount. Circumstances in 2020 were different, however, in part because there were no pending recounts. Kenneth Chesebro
