For tweets 8-13:
First of all, on election night, networks project winners based on the tallies released by each state, typically through the Secretary of States office. The SOS is also typically the office that certifies the official results. Tribe makes no mention of the significant role of the SOS.
I think it’s unlikely that state legislatures would vote to award electors contrary to voters’ intent on election night itself.
In any case, any state whose legislature attempted to appoint electors contrary to voters intent would be taken to court, and this would also be affected by the electoral college dates in December and January, as well as the “safe harbor” date. If the SCOTUS ruling was delayed past the safe harbor date, then the governor’s certification would clearly take precedence.
In any case, it is certainly well within the realm of possibilities that several states would send competing slates of electors to congress, one certified by the Governor in compliance with the Electoral Count Act, and one from the legislatures, of questionable legality, regardless of any SCOTUS ruling.
Tribe almost completely ignores what might occur between Election night and Inauguration Day. On January 6, 2025, there is bound to be extensive debate over which slates of electors to accept, and it’s possible that some states will have no electors accepted by congress, which could throw the election to the house to decide. (Although the ECA speaks about the winner needing a majority of the total of “duly appointed” electors, which IMO, would be reduced if a state had no slate accepted).
Regarding the violence from DeSantis “Brownshirts”: Tribe again complete ignores the fact that Biden would still be president until January 20, and therefore, in control of the National Guard and able to declare states of emergency and martial law if needed.
I completely agree with Tribe that the Republican legislatures have been executing plans to carry out this scenario in 2024, but the way the scenario plays out is far from certain- there are too many variables involved including, but not limited to: the reaction of stock market, the response of big banks/big donors to the scheme, the reaction and response from other nations, and most importantly, the reaction of the American people.
= new reply since forum marked as read
