Prosecute the Fake Electors
Plus, How We Fix the Electoral Count Act
Recently at The Bulwark:
SARAH LONGWELL: The Republican Parallel Universes Strategy
CHARLIE SYKES: Democrats: Change Course Or Get Crushed
JVL: The Russian Way of War 🔐
SECRET PODCAST: Roger Stone Goes After "Fat Boy" DeSantis🔐
You can support The Bulwark by subscribing to Bulwark+ or just by sharing this newsletter with someone you think would value it.
PHILIP ROTNER argues: To Crack Open the Big 2020 Election Scheme, Start by Prosecuting the Fake Electors.
This open-and-shut election fraud is a gift to Garland and his federal prosecutors. Without having to expend any political capital by opening a sweeping investigation targeting Donald Trump or those around him, prosecutors could chip away at the broader conspiracy.
The targets of the investigation would be the people who signed and transmitted the phony elector certificates, not Donald Trump.
A total of 59 individuals from five states signed the documents. We know virtually nothing about them. They are not national figures, and largely are not public figures, except perhaps in state and local circles. They seem to be a fairly representative sample of Americans with quotidian jobs, nice families, and cute pets—not hardened denizens of the criminal underworld.
America needs a coalition that crosses party and ideological lines — to counter the authoritarian menace inside the Republican Party, and GOP leaders who lie about the election and the virus. Will Saletan tells Charlie Sykes why he's joining the fight at The Bulwark.
CHRIS TRUAX explains How We Fix the Electoral Count Act.
The Electoral Count Act of 2022 should expand on that idea and make it permanent. In the event of a dispute, a Special Electoral Commission would be created and the commission would consist of the current membership of the Supreme Court. If the current membership consists of an even number of justices, an additional member would be selected by lot from retired justices who have served on a circuit court panel in the last year. Should none be available, the final member would be selected by lot from active senior judges on the D.C. Circuit Court of Appeals.
This commission would be empowered to make binding decisions on all electoral count objections and members would not be allowed to recuse themselves on the grounds that they had previously heard a case regarding the dispute. In fact, that would sort of be the point. If the Supreme Court has already heard the dispute, we would not want the electoral commission to reach a different result.
If the Supreme Court had not heard the dispute, it would still have the benefit of the record created by litigation in the lower courts. And reviewing such a record and reaching a well-reasoned decision is something that the Supreme Court, unlike Congress, excels at, even when it is convened as an electoral commission instead of a court.
THOMAS LECAQUE on the Right’s Increasing Fringe-ification.
COVID is only one part of the broader radicalization, the fringe-ification of American conservatism. While Trump was rallying in Florence, Arizona, Michael Flynn and his ReAwaken America Tour were in Phoenix’s Dream City Church. The lineup featured a wide range of pastors, COVID conspiracy theorists, and Trump World figures. Lindell spoke at it as well, and Eric Trump was on the program. The speakers there referred to Trump as a sort of symbol—Donné Clement Petruska discussing “Trump Prophecies,” for example, and Joe Oltmann speaking on “Election Fraud Has Been Proven, Now What’s Next?” Oltmann’s Telegram feed calls for mob violence, so that may be a hint. The people at the ReAwaken America Tour are fellow travelers with Trump when he is useful, but the mix of Christian nationalist, prophetic or otherwise, with COVID deniers and other conspiracy theorists, could have any figurehead they wanted. Flynn, the face of this tour, who nowadays travels from Christian nationalist event to Christian nationalist event, did not bother going to Trump’s rally.
None of this means Trump’s support will necessarily fade. If the radicalism of the right feels centrifugal right now, the desire to win elections will soon likely exert a centripetal force instead. If Trump runs in 2024, people will fall in line behind him.
Still, cracks are forming in the enthusiasm around him.
🚨OVERTIME 🚨
Welcome, Will Saletan! As you saw above / heard in the podcast, we’re happy to welcome Will Saletan to The Bulwark in the coming days. If you’re on the hellscape of Twitter, make sure you follow him.
Highlights from the Biden speech. Some brief takeaways.
Hey, it’s good messaging… But it does seem a little ridiculous. VDOT was prepared and Gov. Glenn Youngkin likely had nothing to do with it, but does show he cares!
Game respect game. Giant, regional grocery chain, got sick of the pictures of empty shelves flying around urban D.C., so they did this.
Why You Can Count On a Biden Bounce… Writing in Politico, Jack Shafer argues:
As presidential scholars tell us, a rising economy lifts all incumbents’ boats. It isn’t exactly morning in America yet, but things are looking up. We just may be turning the corner on Covid. Despite the burst of inflation and supply chain hassles, the economic signs look great. Unemployment is down. Wages are up. Signing bonuses are common. People are quitting their bad jobs for better ones. Consumers are buying lots of stuff. If the current economic trends continue into the summer, Democratic candidates on the hustings will have a positive story to tell voters. Had the Build Back Better behemoth passed, the Republicans would have campaigned against big government and more taxes. Instead, with no new taxes in the immediate offing, Biden Democrats have denied Republicans their primary issue, leaving Biden and his followers yet another popularity-enhancing chapter to read to constituents.
Our Selfie-Inflicted Wounds… The great Matt Labash on how selfies waste the revolutionary technology in our pocket.
The Alabama town that abuses ticketing… Sadly quite common in America.
Ted Cruz wants his money back… Should candidates be able to get the money they loan their campaigns back in full? (The cap is $250,000.)
That’s it for me. Tech support questions? Email members@thebulwark.com. Questions for me? Respond to this message.
—30—
Editorial photos provided by Getty Images. For full credits, please consult the article.