IE 11 is not supported. For an optimal experience visit our site on another browser.
  • UP NEXT

    Sen. Tammy Baldwin on spearheading the historic bipartisan effort to pass the same-sex marriage bill 

    04:42
  • NYC Mayor Adams’ controversial new policy on mental illness

    07:01
  • Velshi: We need to do something for mentally ill people, not to them

    06:17
  • Trump’s 3rd presidential run is off to a disastrous start – but he will “respect no laws” other than his own 

    05:57
  • Senior Iranian official’s comments indicate abolishment of morality police

    04:25
  • #TheVelshiBannedBookClub: “The Tempest” with Margaret Atwood

    07:35
  • The Doctor vs. The Attorney General: The fight for patient privacy and abortion rights in Indiana

    07:51
  •  In new memoir, truth crusader Maria Ressa takes aim at social media

    06:33
  • Velshi: Democracy is on the line in this upcoming SCOTUS case.

    04:25
  • The Supreme Court case that could wipe out indigenous sovereignty in the U.S.

    08:02
  • Velshi: Dr. Fauci never strayed from science. It shows in the doctors he’s influenced

    05:29
  • Fmr. Impeachment Manager Rep. Diana DeGette weighs in on the final weeks of the Jan. 6 committee 

    05:43
  • Bill Browder on MBS: “As a murderer, that disqualifies him from any immunity”

    06:56
  • Americans think Donald Trump will be a bad candidate. This might be why.

    03:27
  • Would scrapping Twitter benefit American Democracy?

    07:59
  • Russia, North Korea, Iran: The Global Powers that Threaten World Stability  

    08:27
  • “Lost in Panama”: New Podcast shines light on abducted women in Central America

    05:34
  • Velshi: Biden has the tools to fix ties with the Palestinians. It’s time to act.

    05:38
  • Abortion activists get a win in post-Roe America

    07:50
  • Alleged leak of SCOTUS decision ‘extremely harmful to American politics’

    06:57

The conservative judge who saved democracy with a Twitter thread

16:13

When John Eastman suggested that Pence had the power to subvert the election and “throw out” the disputed electoral votes, Eastman referenced the Electoral Count Act. Former federal Judge Michael Luttig refuted Eastman’s misguided reading of the Electoral Count Act, and advised - via tweet - that Vice President Pence had to count and certify the votes. But that wasn’t the only tactic that Trump and his allies tried to use to remain in office. They also attempted to exploit vague language in a fringe concept known as the Independent State Legislature Theory (ISL). Extreme interpretations of the ISL doctrine argue that state legislatures have absolute power to set election rules and to determine disputed outcomes. It would give elected state representatives the authority to redraw districts without oversight, hand pick electors and even ignore their own state’s voting laws and constitutions. It was the “centerpiece of the effort to overturn the 2020 election long before the election itself,” Luttig tells Velshi. And arguments currently being made are “not tenable under any of the normal tools of constitutional interpretation.”