'Open-and-shut': Law professor says Michigan fake Trump electors have no defense

'Open-and-shut': Law professor says Michigan fake Trump electors have no defense
Donald Trump (Photo by Nicholas Kamm for AFP)

The 16 fake Trump electors who tried to convene in Michigan got a big surprise this week: felony indictments brought by the state attorney general.

And it's going to be almost impossible for them to defend against the case, argued New York University law professor and former Pentagon special counsel Ryan Goodman on CNN Tuesday evening, for one key reason: the documents they are accused of forging contain a glaring lie.

"If you're going to charge 16 people there and hundreds of people, you're charging a lot of people with a lot of stuff," said anchor Erin Burnett. "It'd be kind of odd to not charge one person out of all of this. Some of the evidence in Michigan that the attorney general points to is language on the fake elector slate that was submitted to Congress. So they submit this to Congress. And in that you saw something very important. It said, 'we convened and organized in the State Capitol.'"

"So if you're an elector, you're going to convene there," said Burnett. "They said that's what they did. But they actually met at the Republican state headquarters, according to the January 6th Committee report, which I guess is not in the State Capitol, the pro-Trump attorney flagged this as slightly problematic in a memo to the Trump campaign. Now, anyone watching may say this seems like a detail. It is a detail, but a detail you think matters."

"It's a detail that matters," agreed Goodman. "It mattered to the Trump campaign lawyer, and he said this is a problem. He is mapping out the secret memo how they can do these false electors across the seven states. Michigan may have a problem because it's a legal requirement that you have to convene in the State Capitol. That's why they obviously put it in their declaration that we are convened in the State Capitol. And it is just a falsehood."

That's significant, Goodman added, because, "They can say, oh, we thought Trump won the election and that's why we did this. Did you think you were in the Capitol? You are not in the Capitol, you were in the basement of the GOP headquarters in Lansing. That's where you were when you convened. It's a false statement that they submitted to state and federal authorities that is almost an open-and-shut forgery."

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A former senior advisor to President Barack Obama slammed President Donald Trump's latest lawsuit during a podcast interview on Tuesday.

Dan Pfeiffer, who worked with Obama from 2013 to 2015, discussed Trump's lawsuit against The New York Times, alleging the newspaper unfairly covered Trump's 2024 presidential campaign. The president is seeking $15 billion in damages, according to the lawsuit.

Pfeiffer discussed the lawsuit with Jon Favreau, co-host of the podcast "Pod Save America," on Tuesday.

"This lawsuit is just a true window into the deep, bottomless hole of insecurity that is Donald Trump," Pfeiffer said.

"You're president of the United States," he continued. "You have made billions of dollars in potentially extralegal crypto schemes over the last couple of months here. You're on top of the world. Your opponents are divided and depressed, and you're concerned about one line in a book written by New York Times authors from a few years ago which claimed that you were discovered by Mark Burnett that it is something that you felt the need to sue them for $15 billion for today in the middle of everything else that's going on in the world."

The New York Times has described the president's lawsuit as "meritless."

"It lacks any legitimate legal claims and instead is an attempt to stifle and discourage independent reporting," the newspaper company told NPR in a statement. "The New York Times will not be deterred by intimidation tactics. We will continue to pursue the facts without fear or favor and stand up for journalists' First Amendment right to ask questions on behalf of the American people."

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A legal expert was in awe Tuesday, watching FBI Director Kash Patel's hearing devolve into what she called a "Jerry Springer" episode.

Patel was testifying before the Senate Judiciary Committee in a scheduled oversight hearing focused on his leadership. A central theme of his testimony was his handling of the FBI's investigation into last week's slaying of conservative activist Charlie Kirk. The hearing featured numerous contentious moments, with shouting erupting between Patel and Sen. Adam Schiff (D-CA). Patel faced fierce scrutiny and criticism over his public statements and handling of the Kirk manhunt, including social media post in which he said a suspect was in custody that turned out to be incorrect.

Kristy Greenberg, a former federal prosecutor who served in the U.S. Attorney’s Office for the Southern District of New York, joined MSNBC's "Deadline: White House" on Tuesday afternoon to discuss the hearing. Host Nicolle Wallace remarked that Patel appeared to run into trouble with Trump ally Republican Sen. John Kennedy (R-LA) at one point.

"This whole thing was such a disgrace. I mean, he was treating a Senate hearing like he was on Jerry Springer and talking about something as important as this sex trafficking case, this network, where, again, his own Department of Justice has said this was the most infamous pedophile in American history," she said.

Greenberg blasted Patel's claimed ignorance on why Ghislaine Maxwell, a convicted sex trafficker, was moved to a low-security facility.

"The idea that he wasn't in the weeds of the movements of inmates, so he wouldn't know why Maxwell was moved to a different prison. If you believe that — which I don't — but if you do believe that, then you're not doing your job. You should know why she was moved. She is a convicted sex trafficker," said Greenberg.

She also hammered Patel over his claim there was limited — and no credible — information in the FBI's case files indicating that Epstein trafficked young women to anyone besides himself.

"There were over 300,000 GB of information! There's a voluminous trove of information. And then he said, 'Well, it's not credible information," she said.

Greenberg demanded that Patel "stand behind" his assertion now rather than try to "hide behind" the Biden administration's findings in the case.

"Put on your big boy pants. Stand behind your own determinations and explain why," she said, later adding, "Explain yourself."



Kate Bedingfield, a CNN political analyst, clashed with prominent conservative strategist Scott Jennings on Tuesday over remarks Gov. Josh Shapiro (D-PA) made about conservative activist Charlie Kirk's murder last week.

Shapiro said, "We have a clear and unequivocal responsibility to call out all forms of political violence" during a speech he gave on Tuesday. He also accused President Donald Trump of "cherry picking" political violence cases to discuss publicly for political purposes. His comments come at a time of intense debate about the political beliefs of the shooter who assassinated Kirk at a Utah university campus.

Jennings claimed Shapiro was being dishonest in his remarks, a claim that Bedingfield took issue with. Jennings instead attempted to further the narrative that left-wing groups in America are more violent than Right-wing groups.

"I think there is a rush by Democrats who want to be president in 2028 to try to turn, somehow, Donald Trump's friend gets shot and now everybody wants to blame Trump for him being shot," Jennings said. "I guess that's what it takes to be elected president."

Bedingfield clarified Shapiro's point that it doesn't matter which side of the political aisle the shooter was on. She said that all political violence needs to be condemned.

Jennings pushed back, saying the motivations of the killer do matter.

"It should be condemned regardless," Bedingfield said. "That was the entire point of his speech. To sit here and suggest that his not mentioning it was some sort of sleight of hand, you missed the entire point of what he was saying, and it's a message that's badly needed in this country."

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