The legal theory explored by right-wing lawyer John Eastman to keep Donald Trump in power despite the fact he lost the 2020 election first surfaced in Florida following the 2000 election, according to a new analysis.
Following the so-called "Brooks Brothers Riot" — which Roger Stone claims he directed by walkie-talkie from a nearby Winnebago motor home — Miami-Dade county shut down its recount. The ensuing legal battle culminated in the 2000 Bush v. Gore Supreme Court decision.
Stone has been subpoenaed by the House Select Committee Investigating the Jan. 6 Attack on the U.S. Capitol. He was also interviewed during the Watergate investigation.
And he's not the only Republican whose 2000 actions are receiving new scrutiny following Trump's self-coup attempt.
Constitutional law expert Laurence Tribe was one of the attorneys representing Vice President Al Gore in the case. He is also the author of a 105-page Harvard Law Review paper arguing Bush v. Gore was wrongly decided.
Tribe pointed to a Twitter thread about John Eastman's role in pushing a victory for George W. Bush in 2000.
"A truly amazing 22-year-long thread starting in FLA before Bush v. Gore with the through line of John Eastman’s democracy-destroying theory that Independent State Legislatures can override the State’s voters and their State’s Constitution to elect presidents and representatives," Tribe wrote.
Here is the thread:
A truly amazing 22-year-long thread starting in FLA before Bush v. Gore with the through line of John Eastman\u2019s democracy-destroying theory that Independent State Legislatures can override the State\u2019s voters and their State\u2019s Constitution to elect presidents and representatives:https://twitter.com/clearing_fog/status/1515115133894201346\u00a0\u2026— Laurence Tribe (@Laurence Tribe) 1650156879
... if SCOTUS had not stepped in, the FL Republican Party was preparing to invalidate the results of the election.\n\nOn November 29, they invited speakers to a hearing, where they discussed the possibility of an 'alternate' slate of electors.\n\nAnd they brought in a ringer.\n\n/3pic.twitter.com/cvaNgD5vQC— ClearingTheFog (@ClearingTheFog) 1650066738
Eastman, when asked for his credentials to weigh in on the Electoral College, didn't need to be very convincing.\n\n"The Electoral College is part of that structural foundation... um... that is part of the underlying principle and theory of our whole constitutional system. Um.\n/5pic.twitter.com/67F2Trtsdh— ClearingTheFog (@ClearingTheFog) 1650066905
Interestingly, Eastman cited McPherson v. Blacker, implying that it provides precedent for everything that he was about to tell them that day.\n\nOf course, that isn't true.\n\nIt did confirm the plenary power, but that wasn't the argument he was there to make.\n\n/7pic.twitter.com/OOZOiZem0t— ClearingTheFog (@ClearingTheFog) 1650067518
After the fraudulent electors scheme was attempted in 2020, this was clarified by mutiple people - including the Republican House Speaker of Arizona, and the Attorney General of PA in SCOTUS filings.\n\nhttps://gilaherald.com/speaker-bowers-addresses-call-for-the-legislature-to-overturn-2020-certified-election/\u00a0\u2026\n\nhttps://www.supremecourt.gov/DocketPDF/22/22O155/163367/20201210142206254_Pennsylvania%20Opp%20to%20Bill%20of%20Complaint%20v.FINAL.pdf\u00a0\u2026\n\n/9pic.twitter.com/uR78geb3rN— ClearingTheFog (@ClearingTheFog) 1650067638
Eastman closed his blustery statement that day by forcefully telling the FL legislature that no one could stop them from what they wanted to do with their state electors, because they had a plenary 'judging ability' in all matters elector-related.\n\n/11pic.twitter.com/6xpiwpIgg5— ClearingTheFog (@ClearingTheFog) 1650068335
It tells us that the Republican Party's contempt for democracy has nothing to do with Trump - and so it will remain even after he is gone.\n\nDavid Frum - George W. Bush's speechwriter tried to tell us this in 2018. He would know.\n\nhttps://www.theatlantic.com/politics/archive/2018/01/frum-trumpocracy/550685/\u00a0\u2026\n/13pic.twitter.com/Z7zTm5A5jK— ClearingTheFog (@ClearingTheFog) 1650068459
And like in FL in 2000, the GOP threw the kitchen sink at 2020.\n\nThe fraudulent electors scheme was only one piece - and that was Eastman\u2019s baby.\n\nHe led them to believe it would work, and people are likely going to face prison time for it.\n\nHe needs to prove he was \u201cright.\u201dhttps://twitter.com/lawindsor/status/1513929147088789512\u00a0\u2026— ClearingTheFog (@ClearingTheFog) 1650068729
