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I just saw the following tweet, quoting Lawrence Tribe
saying “When will the Justice Department promptly and exhaustively investigate the part of the coup attempt that I believe came perilously close to ending American constitutional democracy, basically, without a drop of blood?”
I take exception to this idea. The question I have is what would have happened in the contrafactual history where Pence caved? He doesn’t certify the votes, sends back to the states, follows the Eastman memo to a tee and they do certify Trump as the winner on January 6th. What happens next?
Assuming as well that there is no military aspect to this coup, the military hasn’t acted other than the National Guard helping clear the insurrectionists. Is the decertification challenged in the courts? Assuming the courts and the Supreme Court, noting the tight constitutional deadline of Jan 20th back the sitting president over potential anarchy and constitutional crisis.
What would happen then? Would the imprimatur of this hyper partisan, some would say captured court, be as sacrosanct as that of the Y2K…
