The RNC’s attempt to unwind the controversy over its characterization of Jan. 6, 2021, as “legitimate political discourse” may have given investigators of the Capitol riot an underappreciated piece of the puzzle they’re assembling
for her role as a false elector for Trump — in explaining the rationale behind the choice of the “legitimate” phrasing in the party’s resolution.
On Dec. 14, 2020, Berden oversaw a meeting of illegitimate Trump electors in Michigan despite its certification for Biden the previous month. She also The illegitimate electors acted as if Trump had been victorious in their states, signing certificates claiming to be “duly elected and qualified” to represent their home areas.. In 1960, Hawaii Democrats made a similar decision in a close race between Richard Nixon and John F. Kennedy. Nixon had been certified the state’s winner, but amid an ongoing recount, its three Democratic electors met and signed certificates that went to Washington. The recount later backed them up.
The law also requires that when states submit multiple slates of electors, Congress chooses which ones to count — if any. In Trump’s view, a position rejected by most historians and legal scholars, Vice President Mike Pence had the authority to refuse to tally Biden’s electors in the disputed states. Part of that rationale relied on the existence of the false elector slates, including Berden’s.that specifically cited the existence of “multiple slates of electors.
And Trump attorney Rudy Giuliani publicly pressed state legislatures to certify the false elector slates to give them more legal weight.When the Trump electors met on Dec. 14, 2020, 15 of the GOP’s original elector picks were absent from the proceedings. That required those who remained to appoint replacements.
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