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Fake Electors, Real Consequences: Trump’s Newest Indictment | Libertarian: Richard Epstein | Hoover Institution

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The Importance of the 12th Amendment

I think the argument that he's going to make is I have John Eastman's interpretation of the 12th Amendment and it says that opening ballots in front of somebody else is not a ministerial act. That does not justify as far as I can see an effort to try and send a fake ballot into somebody else right to get the legislature to change that particular term. If there were in fact two independent counts that had taken place quite into part of many particular controversy and both of these people want to be seated, then you have a genuine dispute but this is not that kind of a case so I think in effect that that legal defense is irrelevant to him.

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