Peeling Away The Layers

What Clark's (insane) draft letter lays bare is what so many long suspected: This was never about *good* legal (or factual) arguments; it was about using patently meritless legal and factual contentions as a thinly veiled cover for overturning the result of a democratic election. https://t.co/AJJppFgovi

— Steve Vladeck (@steve_vladeck) August 4, 2021 In other words, a crude attempt to use what those most supportive of Trump thought was “presidential power.”

You may say "there's nothing new here." But there is: It's evidence of just how far lawyers *inside* the administration were willing to go to effectuate a coup (yes, it would've been an "autogolpe," but you get the gist). That Clark's superiors shut this down is a relief, but...

— Steve Vladeck (@steve_vladeck) August 4, 2021

The draft is dated 12/28.

That's 14 days after the Electoral College voted (and voted for Biden); 17 days after #SCOTUS turned away Texas's stunt lawsuit; and 20 days after the safe harbor deadline for certifying competing slates of electors.

There was no law left; just power.

— Steve Vladeck (@steve_vladeck) August 4, 2021 Which explains why Clark told the Georgia legislature to call itself into special session if necessary. There was no law. That’s the point where lawyers stop. Clark didn’t want to stop.
As I say, accountability won’t stop the next effort. We need to make it as impossible as possible for this to recur.