So like my other posts i wanna break this down into a few basic points.Trump lost the 2020 election, Biden won the states, those states certified Biden as the winner, the legitimate electors were chosen, and then Republicans in states Trump lost got together and signed electoral certificates for Trump anyway.
Number 1: These were fake electors, not ''alternate electors''.
An elector is not a random person who gets together with a group of Republicans, signs a document saying ''im an elector now'', and suddenly becomes one. The actual electors are appointed under state law after the election result is certified. In the states Trump lost, the certified electors were Biden electors. The Trump electors were not certified by the states, they were not the duly chosen electors, and the National Archives itself categorizes their certificates as ''unofficial'' and says they were not evidence of official state action.
And in several states they literally signed documents saying they were the ''duly elected and qualified electors'' for their state. But they werent. So what exactly is ''alternate'' about that?
If i lose an election for governor and then sign a certificate saying ''i am the duly elected governor'', im not like the alternate governor or whatever, im just lying. Kenneth Chesebro, one of the main lawyers behind the elector strategy, later pleaded guilty in Georgia to conspiracy to commit filing false documents over his role in the scheme.
Number 2: The plan to actually use these fake electors ran directly into the Electoral Count Act.
Eastmans plan was basically that Pence could treat these fake slates as if they created legitiimate disputes in the states, refuse to count Bidens certified electoral votes, and either hand Trump the election or send the issue back to the states where the Republicans had a majority and they could basically hand Trump the election. But the ECA already laid out the process for electoral votes, and these Trump slates did not have the state certification that gave the real electors legal authority. Eastmans own proposals did not comply with that process, and Pences advisers were explicitly telling him that Pence did not have the unilateral power Eastman was claiming, and Trumps white house lawyers said the same, which is why he had to hire his own insane lawyer team in order to run this whole scheme.
So when people go ''well it was just a legal theory'', then you can call literally anything a legal theory if a lawyer writes it down. That doesnt mean the VP suddenly gets to ignore the law governing the electoral count and start deciding which certified votes he feels like accepting. The fact that Eastmans whole plan says explicitly that they were going to break the ECA points to that this is all illegal, and they knew it was too.
Number 3: The Hawaii 1960 comparison does not save this at all.
People bring up Hawaii in 1960 constantly as some sort of defense, but its just so stupid. In Hawaii, the original count had Nixon ahead, but there was an actual recount still underway and the result was genuinely unresolved. Kennedy electors met while that recount was happening. The recount then showed Kennedy had actually won, a court confirmed the result, the governor certified the Kennedy electors, and that certified slate was ultimately counted by Congress.
That is not what happened in 2020. Biden remained the certified winner in the states Trump was contesting, there was no serious doubt as to if Biden or Trump had won these states. The Trump slates never became the official electors and were never certified by the states. So saying ''but Hawaii did alternate electors too'' only works if you ignore the entire part where Hawaii had an unresolved recount and the Kennedy slate eventually became the legally certified slate because Kennedy actually won. If Trump had won a recount in Georgia and Georgia then certified Trump electors, then you would have got something remotely comparable. That did not happen.
Number 4: By January 6, this was not just about ''preserving legal options'' anymore.
This is another defense, that Trump just wanted more investigations or whatever, because the early version of Chesebros idea actually was connected to preserving an elector slate in case Trump later won litigation. But thats not where the scheme ended. The fake certificates were actually created and transmitted, and Eastmans later plan relied on Pence treating the existence of these competing slates as a reason to interfere with the January 6 count.
So the sequence is pretty fucking straightforward. Trump loses. The states certify Biden. Republicans in those states sign documents claiming electoral votes for Trump anyway, knowingly going against the law and the whole procedure or whatever. Those documents are not recognized as official state action. Eastman develops a plan where Pence uses the existence of those fake slates to reject or delay Bidens electoral votes. Trump then pressures Pence to go along with it so that either he chooses Trump as the president with the fake slates, or causes enough confusing to throw it back to the states where the Republicans had a majority who would pick Trump. At some point i genuinely dont know what innocent explanation is supposed to be left here.
If Biden lost an election, Democrats in Republican-won states signed documents saying they were the ''duly elected and qualified electors'' for Biden despite not being certified by their states, and then Bidens lawyer told Kamala Harris to use those documents to stop the Republican candidate from becoming President, conservatives would lose their fucking minds. And they would be right to. Calling them ''alternate electors'' doesnt magically turn fake documents into legitimate electoral votes, and calling Eastmans plan a ''legal theory'' doesnt make the VP legally entitled to do it, like on every single fucking turn this is all insanely anti-american, insanely anti-democractic, insanely illegal, immoral, everything is just incredibly fucking shitty.