Re: Trump lashes out at Gov. Doug Ducey following certificat
Posted: Sun May 08, 2022 4:16 am
GOP Plans To ‘Take The Next Election Regardless Of Who Wins’ Harvard Constitutional Scholar Says
by Joy Reid
Apr 29, 2022
Republicans are planning to steal the 2024 presidential election a conservative judge has warned. Harvard constitutional scholar Laurence Tribe joins Joy Reid on what, "is being bandied about as the technique that they hope to use if they get Gorsuch and Kavanaugh and Alito and Thomas on board... to take the next election regardless of who wins."
by Joy Reid
Apr 29, 2022
Republicans are planning to steal the 2024 presidential election a conservative judge has warned. Harvard constitutional scholar Laurence Tribe joins Joy Reid on what, "is being bandied about as the technique that they hope to use if they get Gorsuch and Kavanaugh and Alito and Thomas on board... to take the next election regardless of who wins."
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"THE REIDOUT" WITH JOY REID IS
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UP NEXT.
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>>> GOOD EVENING, EVERYONE.
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WE BEGIN "THE REIDOUT" WITH WHAT
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SURE LOOKS LIKE A GROWING CIVIL
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WAR INSIDE THE SAME POLITICAL
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PARTY THAT IS DOING MORE THAN
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JUST A LITTLE FLIRTING WITH
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INSURRECTION.
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WE ARE AWAITING NEWS FROM THE
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JANUARY 6 COMMITTEE THAT IS
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INVESTIGATING ROUND ONE OF THAT
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ATTEMPT TO REPLACE AMERICAN
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DEMOCRACY WITH SOMETHING MORE
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AUTHORITARIAN.
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THE COMMITTEE IS EXPECTED TO
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ISSUE LETTERS TO AT LEAST THREE
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REPUBLICANS ASKING THEM TO
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TESTIFY.
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THE COMMITTEE IS ALSO MOVING
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FORWARD WITH PLANS TO HOLD ITS
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FIRST PUBLIC HEARINGS IN JUNE.
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BUT THE LAST FEW WEEKS HAVE
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BEEN -- THEY HAVE BEEN FULL OF
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SIGNS OF SOMETHING -- SOMETHING
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ODD HAPPENING INSIDE WHAT HAD
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FELT LIKE AN ENTIRELY UNIFIED
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REPUBLICAN PARTY.
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UNITED PARTICULARLY AROUND
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DONALD TRUMP AND AROUND FIXING
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WHAT WENT WRONG IN ROUND ONE OF
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THE ATTEMPTED COUP.
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THERE ARE THE LEAKS, LEAKS AND
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MORE LEAKS OF KEVIN McCARTHY
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SAYING ONE THING AND DOING
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ANOTHER, WHICH SEEMED TO BE
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COMING FROM INSIDE THE HOUSE
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WITH A LOT OF FINGER POINTING
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OVER PRECISELY WHO THE SOURCE OR
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SOURCES MIGHT BE.
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BUT IT ALSO SEEMS LIKE
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REPUBLICANS ARE TRYING TO CULL
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AT LEAST OIN SUR REKZIST FROM
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THE HERD, AND THAT WOULD BE
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MADISON CAWTHORN, THE FRESHMAN
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CONGRESSMAN FROM NORTH CAROLINA.
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YOU WILL RECALL THAT HE SAID
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THIS ON JANUARY 6th.
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>> THE DEMOCRATS WITH ALL THE
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FRAUD THEY HAVE DONE IN THIS
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ELECTION, THE REPUBLICANS HIDING
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AND NOT FIGHTING, THEY ARE
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TRYING TO SILENCE YOUR VOICE.
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MAKE NO MISTAKE ABOUT IT, THEY
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DO NOT WANTING YOU TO BE HEARD.
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>> SO THAT LIE AND THE
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EXHORTATION TO FIGHT ARE NOT WHY
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CAWTHORN SEEMS TO BE A TARGET
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RIGHT NOW.
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I'M NOT GOING TO GET INTO THE
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LATEST REVELATION BECAUSE IT'S
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JUST TOO WEIRD, NOR HAVE ANY OF
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THE YOUNGEST MEMBER OF CONGRESS'
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OTHER ANTICS CAUSED THE
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REPUBLICAN IRE.
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SEXUAL MISCONDUCT IN COLLEGE,
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CALLING THE PRESIDENT OF UKRAINE
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A THUG, ALL FINE AND ALL GOOD
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WITH THE REPUBLICAN PARTY.
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IT WASN'T UNTIL YOUNG MADISON
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STARTED FLINGING AROUND
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ACCUSATIONS OF COLLEAGUES
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INVITING HIM TO ORGIES AND
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OFFERING HIM COCAINE.
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SORRY, I KNOW THIS IS A FAMILY
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HOUR, BUT IT WAS ONLY THEN THAT
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HIS FELLOW REPUBLICANS AND
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REPUBLICAN LEADERSHIP SAID HOLD
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UP, MADISON.
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KEVIN McCARTHY GAVE HIM A
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TALKING TO AND SAID THAT HE HAD
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LOST HIS TRUST.
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NORTH CAROLINA SENATOR RICHARD
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BURR CALLED HIM AN EMBARRASSMENT
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AT TIMES.
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THE OTHER NORTH CAROLINA
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SENATOR, THOM TILLIS, SAID I
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WANT A DELEGATION THAT WORKS
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TOGETHER.
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I DON'T WANT A DELEGATION THAT
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GETS TOGETHER MINUS ONE AND
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TALKS ABOUT THE CHALLENGES THAT
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THAT MEMBER IS CAUSING.
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CLEARLY MEANING MADISON
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CAWTHORN.
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AND IT APPEARS THAT MADISON IS
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NOW IN THE PROVERBIAL FINDING
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OUT PHASE WITH LEAK AFTER LEAK
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AFTER LEAK OF SALACIOUS
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ALLEGATIONS AND REPEATED CALLS
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FOR ETHICS INVESTIGATIONS.
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IN OTHER WORDS, REPUBLICANS CAN
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DISCIPLINE THEIR OWN WHEN THEY
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WANT TO.
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WHILE CIRCLING THE WAGONS AROUND
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THE OTHER LOUDEST
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INSURRECTIONIST, PAUL GOSAR,
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MARGIE GREENE, LAUREN BOEBERT
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AND OTHERS, IT IS VERY, VERY
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WEIRD.
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BUT REPUBLICANS DO SEEM TO AGREE
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100% THAT THEY ARE ALL IN
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GETTING IT RIGHT IF AND WHEN
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THEY REPEAT THE COUP NEXT TIME.
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THAT IS THE WARNING FROM RETIRED
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CONSERVATIVE FEDERAL JUDGE
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MICHAEL J.LUDDIG.
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A PERENNIAL SUPREME COURT
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SHORT-LISTER AND TED CRUZ'S
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FORMER MENTOR.
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HE ALSO ADVISED FORMER VICE
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PRESIDENT MIKE PENCE AGAINST
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OVERTURNING THE 2020 ELECTION.
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AND NOW MICHAEL LUDDIG IS
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SOUNDING THE ALARM ABOUT THE
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REPUBLICAN BLUEPRINT TO STEAL
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THE NEXT ELECTION.
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HE WRITES THAT LIES ABOUT VOTER
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FRAUD ARE THE SHINY OBJECT THAT
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REPUBLICANS HAVE TAUNTINGLY AND
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DISINGENUOUSLY DANGLED FOR
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ALMOST A YEAR AND A HALF TO
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DISTRACT ATTENTION.
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TRUMP'S AND THE REPUBLICANS' FAR
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MORE AMBITIOUS OBJECTIVE IS TO
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EXECUTE SUCCESSFULLY IN 2024 THE
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SAME PLAN THEY FAILED IN
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EXECUTING IN 2020 AND TO
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OVERTURN THE 2024 ELECTION IF
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TRUMP OR HIS ANOINTED SUCCESSOR
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LOSES AGAIN IN THE NEXT
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QUADRENNIAL CONTEST.
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LUDDIG CALLS 2020 A DRY RUN FOR
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THE NEXT ELECTION AND LAYS OUT
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STEP-BY-STEP THEIR INTENTIONS.
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AS IT STANDS TODAY TRUMP AND/OR
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HIS ANOINTED SUCCESSOR, THE
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REPUBLICANS ARE POISED IN THEIR
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WORD TO STEAL FROM DEMOCRATS THE
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PRESIDENTIAL ELECTION IN 2024
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THAT THEY FALSELY CLAIMED THE
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DEMOCRATS STOLE FROM THEM IN
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2020.
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BUT THERE IS A DIFFERENCE
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BETWEEN THE FALSELY CLAIMED
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STOLEN ELECTION OF 2020 AND WHAT
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WOULD BE THE STOLEN ELECTION OF
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2024.
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UNLIKE THE DEMOCRATS' THEFT
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CLAIMED BY REPUBLICANS, THE
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REPUBLICANS' THEFT WOULD BE AN
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OPEN DEFIANCE OF THE POPULAR
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VOTE AND, THUS, THE WILL OF THE
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AMERICAN PEOPLE.
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POETIC, THOUGH TRAGIC IRONY FOR
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AMERICA'S DEMOCRACY.
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JOINING ME NOW IS LAWRENCE
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TRIBE, THE UNIVERSITY PROFESSOR
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OF CONSTITUTIONAL LAW AT HARVARD
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LAW SCHOOL.
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PROFESSOR TRIBE, IT'S ALWAYS
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GOOD TO TALK WITH YOU.
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AND HAD THIS COME FROM A LIBERAL
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JURIST, SOMEBODY WHO ALIGNED
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THEMSELVES IDEOLOGICALLY WITH
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DEMOCRATS WOULD BE ONE THING.
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BUT MICHAEL LUTTIG IS A
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CONSERVATIVE'S CONSERVATIVE.
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HE'S BEEN ON THE SHORT LIST
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NOMINATIONS.
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THIS IS A CONSERVATIVE.
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ONE OF THE THINGS HE'S ARGUING
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IS SCARY.
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HERE'S POINT ONE.
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THE CORNERSTONE OF THIS PLAN IS
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TO HAVE -- WAS TO HAVE THE
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SUPREME COURT EMBRACE THE
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LITTLE-KNOWN INDEPENDENT STATE
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LEGISLATURE DOCTRINE, WHICH IN
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TURN WOULD PAVE THE WAY FOR
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EXPLOITATION OF THE ELECTORAL
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COLLEGE PROCESS AND ELECTORAL
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COUNT ACT.
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CAN YOU EXPLAIN WHAT THAT MEANS?
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WHAT IS THE INDEPENDENT STATE
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LEGISLATURE DOCTRINE AND HOW
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MIGHT IT BE EXPLOITED?
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>> BEFORE I GET TO THAT, LET ME
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REITERATE WHAT YOU JUST SAID
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ABOUT JUDGE LUTTIG.
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HE IS A CONSERVATIVE'S
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CONSERVATIVE.
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HE SERVED AS A FEDERAL JUDGE ON
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THE FOURTH CIRCUIT FOR 15 YEARS.
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HE WAS SERIOUSLY CONSIDERED BY
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GEORGE W. BUSH TO BE CHIEF
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JUSTICE OF THE UNITED STATES,
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AND IF NOT THAT, TO TAKE THE
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SEAT THAT SAM ALITO TOOK.
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SO HE IS AUTHENTICALLY A
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CONSERVATIVE.
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HE'S NOT A RADICAL.
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HE'S NOT AN IDEOLOGUE, BUT HE'S
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A PRINCIPLED CONSERVATIVE.
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NOW, HE POINTS OUT IN HIS PIECE
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THAT THERE IS THIS STRANGELY
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NAMED INDEPENDENT STATE
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LEGISLATURE DOCTRINE.
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IT'S CLEVERLY NAMED BECAUSE IT
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SOUNDS INNOCUOUS.
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STATE LEGISLATURES ARE
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INDEPENDENT.
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BUT IT'S MADE UP.
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THE DOCTRINE SUPPOSEDLY IS THAT
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WHEN A STATE LEGISLATURE,
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REGARDLESS OF THE STATE'S
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CONSTITUTION, REGARDLESS OF
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ANYTHING THAT THE STATE'S
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HIGHEST COURT MIGHT SAY, WHEN
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THE STATE LEGISLATURE HAS RULES
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LAID DOWN, EVEN IF THE RULES
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SAY, FOR EXAMPLE, WE WILL
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DISREGARD THE POPULAR VOTE OR
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WHOEVER WON IT, WE ARE SIMPLY
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GOING TO COME IN AND NAME OUR
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OWN SLATE, THAT THAT'S THE LAST
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WORD.
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IT REALLY WOULD GIVE THE STATE
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LEGISLATURE OF EACH STATE THE
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AUTHORITY BASICALLY TO ERASE
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DEMOCRACY, WIPE OUT A REPUBLICAN
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FORM OF GOVERNMENT AND DO ITS
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WILL.
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NOW, STATE LEGISLATURES ARE
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DEFINED BY THE STATE
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CONSTITUTION GOING ALL THE WAY
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BACK TO THE BEGINNING OF THE
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REPUBLIC, WHETHER YOU'RE AN
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ORIGINALIST OR ANY OTHER KIND OF
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IST.
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YOU HAVE TO RECOGNIZE THAT THIS
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DOCTRINE, SO-CALLED DOCTRINE IS
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JUST MADE FROM WHOLE CLOTH.
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BUT WITHOUT GETTING INTO THE
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WEEDS, THE POINT IS THAT THIS
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MADE-UP DOCTRINE, A BRAIN CHILD
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OF JOHN EASTMAN, WHICH FINDS
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SOME LANGUAGE IN A CONCURRING
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OPINION BY THEN CHIEF JUSTICE
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REHNQUIST IN BUSH VERSUS GORE
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BUT IT WASN'T AN OPINION OF THE
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COURT, THAT IS BEING BANDIED
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ABOUT AS THE TECHNIQUE THAT THEY
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HOPE TO USE IF THEY GET GORSUCH
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AND KAVANAUGH AND ALITO AND
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THOMAS ON BOARD THEY HOPE TO USE
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TO TAKE THE NEXT ELECTION
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REGARDLESS OF WHO WINS.
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BUT THAT'S ONLY FOUR JUSTICES.
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THEY NEED A FIFTH.
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I DON'T THINK THEY'RE GOING TO
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HAVE CHIEF JUSTICE ROBERTS IN
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THAT CAMP TO STEAL THE ELECTION.
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THEY'RE COUNTING ON AMY CONEY
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BARRETT.
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THERE'S NO PARTICULAR REASON TO
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THINK THAT SHE'S UNPRINCIPLED
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ENOUGH TO BUY THAT IDEA.
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SO YOU MIGHT THINK SO WHY WORRY?
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BUT, YOU KNOW, NONE OF US CAN
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PREDICT FOR SURE WHAT AMY CONEY
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BARRETT WILL DO AND THERE ARE
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OTHER WAYS THEY COULD STEAL THE
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ELECTION.
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THERE ARE LOCAL OFFICIALS THAT
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DON'T HAVE THE BACKBONE OF A GUY
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LIKE RAFFENSPERGER.
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THERE ARE ALL SORTS OF WAYS TO
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STEAL AN ELECTION, MORE THAN YOU
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MIGHT IMAGINE.
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THERE IS A LAW GOING BACK TO
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1887, THE ELECTORAL COUNT ACT,
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THAT IS PROBABLY THE WORST
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DRAFTED LAW I HAVE EVER READ.
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IT'S GOT ONE AMBIGUITY AFTER
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ANOTHER, ONE LOOPHOLE AFTER
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ANOTHER, AND IT CAN BE USED IN
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ALL KINDS OF WAYS.
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THEY TRIED TO USE IT TO STRONG
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ARM MIKE PENCE INTO EITHER
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DECLARING TRUMP THE WINNER, EVEN
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THOUGH HE WASN'T THE WINNER, OR
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FAILING THAT, BASICALLY PUNTING
9:44
TO THE HOUSE OF REPRESENTATIVES.
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THERE'S A PROCEDURE BY WHICH
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THAT CAN HAPPEN.
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IN THE HOUSE OF REPRESENTATIVES,
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EACH STATE HAS ONE VOTE.
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AND 26 OF THE STATE DELEGATIONS
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IN 2020 WERE CONTROLLED BY
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REPUBLICANS.
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NOW, DISSECTING ALL THAT
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HAPPENED IN 2020 IS AN
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INTERESTING EXERCISE.
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WE'LL LEARN MORE ABOUT IT WHEN
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THE JANUARY 6 COMMITTEE HOLDS
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ITS PUBLIC HEARINGS.
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BUT AS JUDGE LUTTIG POINTS OUT,
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IT'S NOT WHAT HAPPENED IN 2020
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THAT WE NEED TO WORRY ABOUT.
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IT'S THE WAY 2020 WAS A DRY RUN,
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A DRESS REHEARSAL FOR 2024.
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AND THE REPUBLICANS ARE
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METHODICALLY PUTTING IN PLACE A
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SYSTEM FOR WINNING EVEN IF THEY
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LOSE.
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THAT'S REALLY SCARY, AND THERE
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ARE THINGS THAT NEED TO BE DONE
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TO REDUCE THE RISK.
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WE NEED TO AMEND THE ELECTORAL
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COUNT ACT TO GET RID OF SOME OF
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THOSE AMBIGUITIES.
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WE NEED TO SHOOT DOWN THAT CRAZY
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SO-CALLED INDEPENDENT STATE
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LEGISLATURE THEORY.
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THERE ARE ALL SORTS OF THINGS WE
10:51
NEED TO DO.
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BUT ALL OF US NEED TO GET BUSY
10:53
AND TAKE THE RISK SERIOUSLY, AS
10:56
HE PUT IT, BEING FORE