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Richard Epstein discusses the history of the Electoral Count Act and the modern-day election reforms that are necessary to prevent another contentious election.
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A rather lame, vague, misleading analysis by Prof. Epstein. Although he correctly raised the issue of chain of custody of ballots, he never mentioned anything about the approximately 100,000,000 ballots in 2020 that
Thus the results of a majority of ballots cast in the 2020 election are per se unreliable, because the chain of custody is impossibly compromised. If evidence in a criminal prosecution had this unverifiable chain of custody, the evidence would not be admissible in court.
This doesn’t even address the fact that tens of millions of those unrequested mailed ballots were mailed in blatant violation of several states’ election laws. Neither does it address ballot harvesting, which has repeatedly been proven to be rife with tampering of absentee ballots and undue influence of voters.
But Professor Epstein did get in plenty of vague, unsupported criticisms of Donald Trump. I didn’t understand Richard Epstein’s NeverTrumpism from the start, when he suggested that Trump ought to resign, but never gave any substantive reason. Now years later, after Trump proved to be the only President ever to take on China with respect to theft of intellectual property – perhaps Professor Epstein’s strongest area of expertise – reasonable minds cannot differ: Prof. Epstein is an irrational actor in all things even tenuously related to Donald Trump.