Laurence H. Tribe, one of America's leading constitutional scholars, explained Tuesday that one of the unindicted coconspirators referenced in the elections conspiracy case misrepresented Tribe's work in the course of efforts to overturn the 2020 election.
Tribe, professor emeritus at Harvard Law School where he taught Constitutional Law for half a century and wrote one of the most widely used textbooks on the subject, published an article Tuesday in which he calls out Trump lawyer Kenneth Chesebro. Tribe has previously explained how Trump being delusional is not a legal defense.
In the article, Tribe explains how he is "personally familiar with an aspect of the indictment’s documentary evidence that may shed light on the actions of one of the attorneys – Kenneth Chesebro — who is identified as Co-Conspirator 5 by the special counsel."
"In a civil suit, Judge David Carter called the 2020 election interference scheme 'a coup in search of a legal theory.' What I have to offer here can shed light on the anatomy of that fraud. It shows how the attorneys concocted arguments that gave the scheme an air of legitimacy but one that could not withstand public scrutiny," it reads. "I know this well because a key memorandum drafted by Chesebro — which might otherwise appear relatively innocuous even in how it is discussed in the indictment — laid the foundation for the scheme grounded, in part, on misrepresenting my work. I know this especially well because of my prior communications with Chesebro."
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One of the memoranda at the heart of the indictment reportedly quotes Tribe "completely out of context."
"As the title of the November 18 Memorandum indicates, Chesebro focuses on what he considers the 'real deadline' under the federal scheme for presidential elections (see the Memorandum’s 'Summary')," the article states. "In the body of the Memorandum, he quotes me completely out of context. I was discussing the specifics of Florida state law — not what federal law (or, for that matter, any other state’s law) requires or permits."
