By now you’ve no doubt heard about the “secret” controversial memo leaked to THE NEW YORK TIMES concerning a possible plan involving alternate slates of electors for the vote count in DC. The reporting on this from the left has been gleeful. This memo was written by Kennth Cheseboro, assumed to be one of the unnamed “co-conspirators” in Special Counsel Jack Smith’s indictment of Trump on charges relating to January 6. In the TIMES story and subsequent coverage --- as well as the indictment --- the term “fake electors” is used to describe these alternate electors, which as the term is generally understood are not “fake,” or unconstitutional, or even anything new, as Hawaii chose a slate of alternate electors in one very close election in case the count flipped.
And if we understand, Cheseboro wasn’t talking about using them to “overturn” an election, either, but to buy time until the Supreme Court might look at the case. In light of the preceding story about alleged voter registration fraud involving hundreds of thousands of applications in a swing state, it seems reasonable to at least ask the Court to take a look at some of the worst allegations.
“I recognize that what I suggest is a bold, controversial strategy,” he wrote in the memo, “and that there are many reasons why it might not end up being executed on Jan. 6.”
Since this was presented simply as one possible strategy from an adviser and nothing came of it, it’s hard for this non-lawyer to understand what might have been criminal about it. And I have to wonder what we’d see if we could read the internal memos of, say, the Gore team when they were actively challenging the vote count in Florida. But, of course, we didn’t get to see THOSE…
We’ll be looking at what the most brilliant legal minds have to say about this and come back with more tomorrow. In the meantime, of course, the left will be spinning it like crazy.
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