How was it that as late as January 4 Lee was still “trying to figure out a path that I can persuasively defend”? Remember, by January 4, the election was decided. Trump had lost dozens of court cases. The states had certified the elections on December 14. It was over. And still, Lee was working his butt off trying to find any flimsy veneer of constitutionality for Trump’s bogus claims.
And what did Lee mean when he wrote “it might be enough if a majority of them are willing to sign a statement indicating how they would vote”? Did he mean that if Republican state legislators in, say, Pennsylvania and Arizona got together informally and put their name on a something—nothing binding, just a “statement,” maybe jotted on a bar napkin or the back of an envelope—Lee would consider that sufficient excuse for Congress to reject those states’ official, certified results? Keep in mind that a key suggestion in John Eastman’s short memo was to find a way to “give the state legislatures more time to weigh in to formally support the alternate slate of electors, if they had not already done so.”
In short: Lee outlined paths for Trump nuts to reverse the election. But, after giving these clowns all his attention, time, and effort, he didn’t, in the end, like how the Trump nuts tried to reverse the election. His disagreement was about tactics, not the mission. But his error was accepting the mission at all.
And somehow Lee’s defenders look at this and say, “BOOM! Hands clean.”
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