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The Fake Electors Scheme, Explained


“The brazen plan to create false slates of electors pledged to former President Donald Trump in seven swing states that were actually won by Joseph R. Biden Jr. was arguably the longest-running and most expansive of the multiple efforts by Mr. Trump and his allies to overturn the results of the 2020 election,” the New York Times reports.

“It was also one of the most confusing, involving a sprawling cast of pro-Trump lawyers, state Republican officials and White House aides in an effort that began before some states had even finished counting their ballots. It culminated in the campaign to pressure Vice President Mike Pence to use the false slates to subvert congressional certification of the outcome on Jan. 6, 2021 — and in the violent attack on the Capitol that unfolded as he refused to do so.”

“The scheme had a vague historical precedent and was rooted, at least in theory, in a post-Reconstruction Era law designed to address how to handle disputed elections. But it was deemed illegal by Mr. Trump’s own White House Counsel’s Office. Even some of the lawyers who helped come up with the idea referred to it as fake and acknowledged that it was of dubious legality.”

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