Well, not a single regular reader of this site will be surprised. This was the ultimate “last shot” in the election and one that we had previously thought might be more readily embraced by Republicans at the state level. Fortunately, from what we’ve seen so far, it looks like it won’t work.

Will Cain, a Fox and Friends co-host, says that it is time to let the state legislatures decide who won the election in their state. Cain ridiculously asserts that the burden of proof was evidently too high for courts but the legislatures can take it up with lesser evidence as a matter of duty. He has some law professors who don’t think this is insane. (Video below)

Someday, we’re going to have to learn how much they paid off Jonathan Turley or what they had on him to say whatever needed to be said from a legal standpoint. (We have no facts about paying off Turley, but we’re wary). Turley is not stupid and even he doesn’t believe what he’s saying because it’s absurd. (Ditto.)

But the most egregious aspect of this argument is that the “burden of proof” was just too high in a court case, which is another way of saying “they didn’t have duck for evidence and thus cases got tossed, rather forcefully,” Turley left that part out. Thus Cain says that because the burden of proof is too high in court, they should go around the court to where the burden of proof is lower, the legislatures can determine “who won.”

This is so backward and so dangerous, and so predictable. We predicted this back in August we would get to this point. It’s not that we’re geniuses (though we read stuff written by geniuses), it’s that this was just that obvious. They were never going to “give up” and this was the ultimate end game if no court stepped in.

Our constitution says legislatures pick electors for the electoral college. It took Donald Trump to make this an issue, ever. In every single other election in over one-hundred years, the legislatures simply followed the peoples’ votes, not matter how angry.

The burden of proof should be higher, much higher, for the legislatures to say, “Yeah, we see that ALL our state election officials determined this, and there wasn’t anywhere near enough evidence for a court, but we’re going to still step in and say we know who won. It just happens to be the guy we want to win.”

As we have said, IF that is done once, every, it will be done by every legislature for every election from this point on, absent a constitutional amendment.

Fortunately, from what we’ve seen so far, there is no serious interest in doing this. But Will Cain is feverish to rid America of Democracy. Notice even Doocey doesn’t endorse this. He says nothing about it.

Will Cain endorses Trump's attempts to steal the election: "It is absolutely unprecedented what happened in this election. … There may not be enough evidence for a court system, but there should be enough evidence for state legislators to change their electors." pic.twitter.com/NvuCBdWv8Q

— Bobby Lewis (@revrrlewis) November 30, 2020

As we said, it didn’t take a genius, just reading the landscape. As predictable as 7-11 chili dogs tasting so good, then taking their toll afterward.

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Peace, y’all
Jason
[email protected] and on Twitter @JasonMiciak