The Conservative Judge Who Saved Democracy With A Twitter Thread

When John Eastman suggested that Pence had the power to subvert the election and “throw out” the disputed electoral votes, Eastman referenced the Electoral Count Act. Former federal Judge Michael Luttig refuted Eastman’s misguided reading of the Electoral Count Act, and advised - via tweet - that Vice President Pence had to count and certify the votes.But that wasn’t the only tactic that Trump and his allies tried to use to remain in office. They also attempted to exploit vague language in a fringe concept known as the Independent State Legislature Theory (ISL). Extreme interpretations of the ISL doctrine argue that state legislatures have absolute power to set election rules and to determine disputed outcomes. It would give elected state representatives the authority to redraw districts without oversight, hand pick electors and even ignore their own state’s voting laws and constitutions. It was the “centerpiece of the effort to overturn the 2020 election long before the election itself,” Luttig tells Velshi. And arguments currently being made are “not tenable under any of the normal tools of constitutional interpretation.”» Subscribe to MSNBC: http://on.msnbc.com/SubscribeTomsnbc Follow the MSNBC Midterms Elections guide to the important races across the United States as Americans prepare to cast their votes. Countdown to the Midterms: https://on.msnbc.com/3KlULq8 Follow MSNBC Show Blogs MaddowBlog: https://www.msnbc.com/maddowblogReidOut Blog: https://www.msnbc.com/reidoutblogMSNBC delivers breaking news, in-depth analysis of politics headlines, as well as commentary and informed perspectives. Find video clips and segments from The Rachel Maddow Show, Morning Joe, The Beat with Ari Melber, Deadline: White House, The ReidOut, All In, Last Word, 11th Hour, and Alex Wagner who brings her breadth of reporting experience to MSNBC primetime. Watch “Alex Wagner Tonight” Tuesday through Friday at 9pm Eastern. Connect with MSNBC Online Visit msnbc.com: http://on.msnbc.com/ReadmsnbcSubscribe to the MSNBC Daily Newsletter: MSNBC.com/NewslettersYouTubeFind MSNBC on Facebook: http://on.msnbc.com/LikemsnbcFollow MSNBC on Twitter: http://on.msnbc.com/FollowmsnbcFollow MSNBC on Instagram: http://on.msnbc.com/Instamsnbc#Pence #AliVelshi #MSNBC