Yeah I agree that this is not a novel idea exclusive only to Eastman.Exactly. It is BS for people to say that this thinking is just something one Trump lawyer came up with. This has bounced around academia for decades as a possible situation with varied opinions on it but usually those opinions are hedged because they don’t know which side will attempt to use it in the real…
As a matter of fact, their current defense in the Georgia indictment was that it was not a novel idea to submit an alternate slate of electors to congress in a contested election.
They cite in their defense that there was a precedence set for doing so based on the 1960 contested presidential Nixon/JFK vote count in Hawaii where both parties sent their own slates of electors to congress over the dispute until the matter was resolved.
Trump and his team claim that they were only trying to preserve Trump's rights by submitting an alternate slate of electors until the matter in contention was resolved which they didn't feel that it was.
Seems to me like that was also the case in 1960 when both parties submitted their slates of electors.
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