Ignorant election nightmare scenarios

There was a weeklong hearing on that in Colorado followed by a state Supreme Court decision. And I didn’t say everyone knows. But if Roberts read the Colorado documents referenced in the case, he knows. And therefore, he cannot swear Trump in without knowingly violating his oath of office.

At a minimum, he should have exercised his free speech rights to tell the nation he will not be able swear Trump in a second time due to Roberts having to follow his own oath of office (too late now that early voting has started).

P.S. The due process clauses apply to life, liberty, and property. The nuclear football is not Donald Trump’s property. Yet.

The logic was that December 12 was the deadline for Florida to certify.

Which the Supreme Court ruled that Colorado did not have the authority to make. There is no “disqualification” that Roberts needs to worry about.

The Supreme Court making a decision that you disagree with does not comprise “violating their oath of office”.

You realize the president doesn’t have to be sworn in by the Chief Justice, right? That’s tradition, not law. Trump could have Eric swear him in if he wanted.

What if the judge orders the officials to certify, but the officials go into hiding? Like, literally getting in a car and driving somewhere where they cannot be found until the deadline has passed.

Assuming the governor and/or Secretary of State can outrun the US Marshals Service for that long, I presume the judge would order the next person down the chain of command to certify, or just issue a writ deeming the election certified by default.

But when we’ve gone so far into hypotheticals that we now have a governor becoming a fugitive from justice to avoid complying with an order from a federal judge, we’re pretty much in civil war territory.

Yes.

Or Laura Loomer.

Or Putin on video.

But it should be regarded as an election nightmare if someone who has taken an oath to support and defend the U.S. Constitution does it.

I’m saying it now because if Trump wins the election, and a judge does swear him in, there will be worse nightmares than this to post about.

The purpose of this thread is to document and refute conspiracy theories or misconceptions about how the election works, not to list things that we think would be bad if they happened.

But in any case, it doesn’t really matter who swears Trump into office if he’s elected.

Just to mention that Calvin Coolidge was sworn in by his father, who was a Justice of the Peace. And LBJ was sworn in by someone on the plane from Texas to DC.

However at least I immediately thought, people are going to come here to say “let me tell you what’s a REAL nightmare”.

Yesterday, Jay Kuo published a very good, dense article about why the Georgia State Board of Elections shenanigans are destined to fail.

Flying way under the radar and not making national news was that this board of elections has already been dragged into court and have admitted several things in open court that undercut their election-delaying rule changes:

A lot of this may go away

Following the adoption of these new rules, the Democrats sued in court because the opportunity for mischief went way up in their wake. A bench trial on that suit commenced this morning in Fulton County, Georgia.

The suit asks for a declaration that election superintendents have no discretion to delay certification past the statutory deadline or otherwise refuse to certify results. Specifically, plaintiffs ask the court to declare that “absent a valid judicial order to the contrary, election superintendents must certify the results of the November 5, 2024 election no later than 5:00 P.M. on November 12, 2024.”

The Democrats cite several Georgia election cases to argue, correctly, that “Georgia law has long treated election certification as non-discretionary.” They note, “If election officials have concerns about possible election irregularities, they are free to voice those concerns at the time of certification, so that they may be considered and adjudicated, by judges, in any subsequent election contest.” But, the plaintiffs argue, “they may not point to those election irregularities (or anything else) as a basis for delaying certification or denying it entirely. Absent a valid court order, certification by the deadline is mandatory.”

Judge Robert McBurney is now looking at all of this and will rule shortly. During the proceedings that began this morning, the State Election Board’s lawyers actually agreed that the certification deadline is mandatory and cannot be extended beyond the statutorily-imposed date of Nov. 12 at 5 p.m. They also agreed that no one has the power to change the mandatory nature of the certification.

To be clear, however: The quoted section above is not a summary of Kuo’s article. There’s A LOT of detail. The upshot is that while MAGA election officials can cause headaches and make news, they can’t actually effect ballot-counting or election-certification changes that would ultimately overturn an election.

Update: Georgia State Board of Elections smacked down hard - “But what if we don’t?” is now known conclusively (yes, really) not to be a fruitful avenue for anyone anywhere to overturn the entire US presidential general election. Kuo writes again this morning:

It’s one of the most common questions I get asked: What happens if local officials in the battleground states simply refuse to certify their county’s election?

We’re starting to get some answers, and they should provide some assurances that the folks in charge are indeed aware and ready to take action where needed. They also serve as a warning to MAGA disrupters that it won’t go well for them if they try anything.

In today’s piece, I’ll cover examples from three jurisdictions from battleground states, among the dozens of cases pending across the country, to give a flavor of how county level MAGA election deniers are being met and smacked down by ordinary citizens, state level officials and, in one breaking case, even the state criminal justice system.

I was listening a week or two ago on an NPR show where they were talking to a lady who is on the Georgia elections board. She is the only one who is left after a MAGA takeover. She’s also the only lawyer left. Everyone else has zero legal experience and has no idea what they’re doing as far as obeying Georgia law. She also said that the board members used to regularly talk with each other but now there is almost zero communication between members and it’s a total clown show.

I can’t find the interview but the woman’s name is Sara Tindall Ghazal, here is an article about her:

Boston’s NPR station, WBUR, posted this transcript of their program On Point on October 9th. Scroll about halfway down … Ghazal is interviewed as part of the program.

Thank you, that’s the one. :+1:

It was informative and infuriating at the same time.

And don’t forget, Harris was following Florida law regarding the deadline to certify. She could not have extended that deadline if she wanted to short of a major natural disaster like a hurricane. So to call her out for her role in Bush v Gore is saying, “How dare she follow the law.”

Unfortunately that is what the Right Wing is saying: “How dare she follow all that Democrat law when she is supposed to putting our people in power!”. They are aboveboard and straightforward in their attempts to take over.

What are you talking about?

I am saying that not following the law is becoming as much a non-issue as hypocrisy to the right. “The ends justify the means” is much easier an idea to follow.

Its likely not to remain hypothetical much longer. The new voting regulations (which were a blatant attempt to allow Trump to steal or nullify the election Georgia) were struck down. But will likely be appealed:
https://thehill.com/regulation/court-battles/4945698-georgia-election-rules-judges-early-voting/

And as long as they are still being appealed these many appeals will cast doubt that congresscritters can seize upon and try to use.