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Can the Senate continue the J6 inquiry especially with other unanswered coup questions [1]

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Date: 2022-12-07

Today, a new Senate majority could allow the Judiciary committee among others to continue looking at legislative protections against coup attempts like the 6 January 2021 Insurrection.

This wouldn’t prevent the DoJ from doing its job but simply allow pursuing a plethora of unanswered questions remaining from 6 January 2021 like the fake electors plot and its theoretical connection to other versions of manipulating vote certification especially the so-called “Independent state legislature theory”.

The Senate’s 2021 report augmented the investigation by the House’s J6 Select Committee which is coming to a close with the GOP majority in 2023.

Another attempt at “fake electors” in swing states is a theory that would allow state legislatures to ignore state courts that is being presented to SCOTUS. Rather than let the GOP try to simply bum rush the electoral college with fake elector slates as was tried in several states in 2020, gaining pseudo-control of the electors using the state legislatures’ powers returns the federal government to 1877, and seizing power from the popular vote in yet another sleight of hand.

x She participated in the fake electors plot that Mr. Smith is also investigating. Prison sounds good for her. https://t.co/eakzuaorVe — IntentionalTruth (@IntentionalTru1) December 7, 2022

x Republicans Want the Supreme Court to “Rewrite History” So They Can Hijack Elections (No exaggeration, the end of our Democratic Republic)

Moore v. Harper .. the radical “independent state legislature” theory. https://t.co/bq8wZ20nv9 — Liberty and Progress (@ElectraSteel) December 8, 2022 x Katyal finishes by telling Court that adopting the theory would nullify the provisions in all 50 state constitutions for equal protection, due process, and other fundamental guarantees. — Harry Litman (@harrylitman) December 7, 2022 By now, word is out about the election-detonating dangers posed by the so-called "independent state legislature theory." So in recent months, the theory's proponents have tried to persuade the Supreme Court and the broader public that there are more moderate, less problematic variants of the theory out there. www.commondreams.org/… x Conservative groups have put nearly $90m into groups backing the independent state legislature theory before SCOTUS.



A ruling in favor of a fringe legal theory would have serious consequences for our democracy. #StopThePowerGrab #Dems4USAhttps://t.co/W7HOC45cyP — Peggy Stuart Doesn't Need No Blue Check! (@PeggyStuart) December 8, 2022 The Supreme Court on Wednesday signaled that it may not be ready to adopt a sweeping interpretation of the Constitution, known as the “independent state legislature” theory, that would give state legislatures broad power to regulate federal elections without interference from state courts. Although some justices appeared receptive to that theory during nearly three hours of argument, it was not clear that there was a majority to endorse it, even as other justices focused on a narrower version of the theory that would preserve at least some role for state courts in enforcing state laws or the state constitution. The dispute before the court in Moore v. Harper arose from a challenge to a new congressional map adopted by North Carolina’s Republican-controlled legislature in early November 2021. The North Carolina Supreme Court struck down the map after finding that it was a partisan gerrymander in violation of the North Carolina constitution. The question for the justices is whether the state court overstepped its authority under the U.S. Constitution’s elections clause, which says the time, place, and manner of congressional elections “shall be prescribed in each State by the Legislature thereof.” Representing the Republican legislators, lawyer David Thompson maintained that the elections clause vests a state’s legislature with the power to make rules for federal elections. State courts cannot, he stressed, restrict a legislature’s substantive discretion to do so. Instead, he argued, state courts can only enforce procedural limits on the legislature’s authority. www.scotusblog.com/... x “And while the justices prepared for oral arguments in the case at hand, the theory was noted in eight cases during the midterm elections, according to Democratic election lawyer Marc Elias.” https://t.co/iYtmTOOOQH — Marc E. Elias (@marceelias) December 7, 2022 x The government’s lawyers pummeled the justices’ arguments—and one of their own could land the final blow. https://t.co/Q70LJJoNQz — Slate (@Slate) December 7, 2022 x The U.S. Supreme Court hears arguments today in a case that could radically reshape federal elections. The "independent state legislature theory" could give state legislatures independent power to put in place all manner of election rules. https://t.co/ayBvjzcm0d — NPR (@NPR) December 8, 2022 x The ‘Independent State Legislature Theory,’ Explained | Brennan Center for Justice https://t.co/0jvEhHna49 — Valerie Logan (@VSHLogan) December 7, 2022 x 2/2 ... ethical rules and standards, it should, and if he doesn't have the personal ethical standards to know something this elementary, and when to recuse himself, he doesn't belong on the Court and should be impeached. — Jay Hansen (@JayHans54780287) December 7, 2022

(June 2021) WASHINGTON (AP) — A Senate investigation of the Jan. 6 insurrection at the U.S. Capitol has uncovered broad government, military and law enforcement missteps surrounding the violent attack, including a breakdown within multiple intelligence agencies and a lack of training and preparation for Capitol Police officers who were quickly overwhelmed by the rioters. The Senate report released Tuesday is the first — and could be the last — bipartisan review of how hundreds of former President Donald Trump’s supporters were able to violently push past security lines and break into the Capitol that day, interrupting the certification of President Joe Biden’s victory. It includes new details about the police officers on the front lines who suffered chemical burns, brain injuries and broken bones and who told senators that they were left with no direction when command systems broke down. It recommends immediate changes to give the Capitol Police chief more authority, to provide better planning and equipment for law enforcement and to streamline intelligence gathering among federal agencies. As a bipartisan effort, the report does not delve into the root causes of the attack, including Trump’s role as he called for his supporters to “fight like hell” to overturn his election defeat that day. It does not call the attack an insurrection, even though it was. And it comes two weeks after Republicans blocked a bipartisan, independent commission that would investigate the insurrection more broadly. “This report is important in the fact that it allows us to make some immediate improvements to the security situation here in the Capitol,” said Michigan Sen. Gary Peters, the chairman of the Homeland Security and Governmental Affairs Committee, which conducted the probe along with the Senate Rules Committee. “But it does not answer some of the bigger questions that we need to face, quite frankly, as a country and as a democracy.” www.pbs.org/...

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[1] Url: https://www.dailykos.com/stories/2022/12/7/2140617/-Can-the-Senate-continue-the-J6-inquiry-especially-with-other-unanswered-coup-questions

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