- J. Michael Lutig called the Republican Party’s efforts to repeal the 2020 election results a “dry plan” for 2024.
- Lutig warned that the public may not understand the true meaning of what January 6, 2021 represents.
- The retired judge advised then-Vice President Pence to “count correctly” the votes of the electoral college that day.
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A retired conservative federal judge has said Republicans’ efforts to overturn the 2020 presidential election are a “dry road” to the upcoming 2024 race.
In a CNN publication published on Wednesday, J. Michael Lutig has set out what he sees as a ploy by former President Donald Trump and a number of Republicans to postpone the 2024 election in their favor, regardless of the actual results.
The far more ambitious goal of Trump and the Republicans is to successfully implement the same plan in 2024 that they failed to implement in 2020, and to cancel the elections in 2024 if Trump or his anointed successor loses again in the next a four-year race, “wrote Lutig, who sat on the bench as federal appellate judge from 1991 to 2006 and was considered the Supreme Court by former President George W. Bush. “The last presidential election was dry for the next one.”
Lutig describes in detail how Republicans seek to manipulate election and voter clauses in the Constitution, the Electoral College, and the 1877 Census Act, along with the 12th Amendment, which regulates the election of the president and vice president.
The former judge said the Republican push was based on the Supreme Court’s potential adoption of the doctrine of “independent state legislature”, an original interpretation of the Constitution that gives state legislatures full control over how presidential voters are elected. According to this doctrine, neither state supreme courts nor elected officials from across the country can change election rules or get involved in the electoral selection process.
Although the Supreme Court has never formally considered the issue, some Republicans believe a conservative majority in the court will help their efforts.
Lutig wrote that Republicans initially began their efforts to challenge the results of 2020 by challenging various election laws that were changed largely because of the coronavirus pandemic, which included expanding postal voting and changes to early voting in key states such as Michigan, Pennsylvania and Wisconsin.
After the November election, the campaign of Trump and her political allies failed to take the case to the Supreme Court to challenge electoral changes across the state.
Republicans tried to create a second “alternative” group of voters in key states before Congress certified the January 6, 2021 election, but failed, so Trump pushed then-Vice President Mike Pence to undo Biden’s victory.
“Failed by the Supreme Court in the first stage, thwarted by its inability to come up with alternative state electoral lists in the second stage and with the passage of time, Trump and Republicans began to implement the last option in their plan to scare away illegitimate alternative electoral lists. in different states to be submitted to Congress, “he wrote.
On January 5, 2021, Lutig posted a thread on Twitter advising Pence to “count the votes of the Electoral College as they were cast.”
“The whole house of cards collapsed at noon on January 6, when Pence refused to agree to the ill-conceived plan, rightly concluding that under the 12th Amendment he had no right to reject votes cast by duly certified voters. or to delay the census to give Republicans even more time to create alternative electoral lists, “he wrote in a CNN article.
The judge reiterated that the Republican Party’s efforts to shape the next election are already in place, noting the party’s desire to elect pro-Trump state secretaries and influence the election of judges in the state court.
“Trump and his allies and supporters in Congress and the United States began preparing their failed plan for 2020 to cancel the 2024 presidential election later that day, and they have been shamelessly preparing that plan ever since in the eyes of the American public.” he wrote.
“Today, they have a long way to go before the White House returns in 2024, whether Trump or another Republican candidate wins the election or not.
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