LAWRENCE LESSIG: The Constitution Protects ‘Fake Electors.’
Arizona has joined Georgia, Michigan and Wisconsin in seeking to prosecute Donald Trump’s 2020 electors. Mr. Trump and his party’s lawyers encouraged them to meet and vote on the date set by Congress, Dec. 15. Because Joe Biden carried those states, Democrats and journalists call these Trump electors “fake.” But the effort to prosecute them is unconstitutional, and the campaign to vilify them is stupid. A twist on a plotline from the HBO series “Succession” illustrates why.
In season 4, episode 8, a fire at a Milwaukee “vote count center” destroys more than 100,000 ballots, throwing Wisconsin—and the election—to the Republican candidate. Imagine a more complicated story: After the fire, the governor invokes federal law to order voting in Milwaukee be reopened. A state court holds that action unconstitutional. Democrats appeal.
While the litigation unfolds, the clock ticks.
Read the whole thing. I’d just add that anything being stupid or unconstitutional has never stopped Democrats in pursuit of power.