TWJ Exclusive: Bombshell New Legal Memo Giving Trump Supporters Hope on Christmas Eve

TWJ Exclusive: Bombshell New Legal Memo Giving Trump Supporters Hope on Christmas Eve


By William J. Olson and Patrick M. McSweeney
Published December 24, 2020 at 11:01am

The Western Journal is presenting this memorandum, written by two prominent conservative legal scholars, essentially verbatim, with only enough editing to format it for the Op-Ed section of our website. This is the second memo by Messrs. Olson and McSweeney to be published exclusively by The Western Journal, and it, like the first, outlines a possible legal strategy for the Trump campaign to follow in the coming weeks. Prior to its publication here, it was sent to President Trump. — Ed. note

Summarizing paragraph:

Reasons for Great Hope at Christmas

In rejecting the invocation by the State of Texas of the original jurisdiction of the Supreme Court to resolve the dispute between Texas and four other States that refused to abide by the terms of the Presidential Electors Clause, for now, a majority of the Justices foreclosed the use of that constitutional safeguard by Texas to provide a peaceful means of resolving the controversy that has deeply divided States and the citizens of this Republic as at no time since the 1860s.

That consequence is too dangerous to be allowed to stand.

If the same case previously brought by Texas were now brought by the United States of America, there is every reason to believe that the Supreme Court would be compelled to understand it must hear it and decide it favorably.

Although outcomes are never certain, it is believed and hoped that a majority of the Supreme Court could never take the position that the United States has no business enforcing the process established in the Constitution by which we select the one government official who represents all the People — The President of the United States.

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