Everyone’s favorite Kraken traffic attorney is back in the news thanks to another excerpt from reporter Jonathan Karl’s book “New Treason: The Final Act of the Trump Show” (affiliate link). Jenna Ellis, as is well known, trudged around behind Rudy Giuliani when he was leaking, the wind broke and nonsense about the federal file broke up. But she wasn’t just a loyal buddy – she herself made important contributions to the work “Insane Election Memo”.
It’s a crowded field, and John Eastman brags about being a “white knight hero” for preventing the president from following the advice contained in these two gonzo memos written by the law professor himself . Lay attorney Johnny McEntee, a former quarterback who rose from Trump’s bodyman to head of the President’s Human Resources at the age of 29, also offered Pence’s attorney his own legal theories in a 125-word text. As Karl reports, it managed to be both legally and historically inaccurate.
It’s a tall bar, but Ellis got over it a few inches away. According to ABC News, “Doctor” Ellis’ clever plan was for Vice President Pence to reject votes from Arizona, Georgia, Nevada, Michigan, Pennsylvania and Wisconsin on January 6th. The self-proclaimed “constitutional attorney” Jenna Ellis had deduced from this that Pence could unilaterally instruct state legislators to meet again by January 15 and issue new electoral lists.
This was very unlikely for many, many reasons, not least because Georgia Governor Brian Kemp had already announced that he would not call a special legislature. Eastman got around this by inventing a new constitutional authority for the legislature. Dead easy!
But Ellis had a different contingency plan:
Then, Ellis wrote, “No votes can be cast and counted from that state if a state legislature misses this deadline.”
Such a scenario would not leave Biden or Trump a majority of the votes, Ellis wrote, which would mean Congress should vote through the state delegation – which in turn would result in Trump being declared the winner because of the Republicans’ control of the majority of the State delegations with 26.
This plan bears a strong resemblance to one of John Eastman’s War Gaming  Alternatives, “suggesting,” If state legislatures have failed to certify their own electoral lists, Vice President Pence will not approve any of the electoral lists based on all evidence and letters from state lawmakers questioning the executive’s credentials Count “.” Aside from Eastman appearing to have grokkked that doing so would reduce the denominator by 79 votes from 538 to 459, meaning the winner would only need 230 to win. And hey, you wouldn’t know that rejecting those six states would give Trump 232 votes to Biden’s 222 votes.
Our Jenna seems to have believed that the move would send the decision to the House as a whole to be decided by the state delegations. This is roughly what you would expect from a lawyer who was once considered too incompetent to be fired for cause because, “There are not enough facts, the applicant has not performed her duties to the best of her knowledge. There were some shortcomings in her education and experience that account for some of the mistakes she made while studying on the job in high volume conditions. “
But Ellis has an answer for the haters.
If you feel uncomfortable with the truth, don’t blame the truth. Blame the lie that made you feel good.
– Jenna Ellis (@JennaEllisEsq) November 15, 2021
A Trump attorney memo described how Pence could overturn the election, a new book says [ABC News]
Elizabeth Dye lives in Baltimore, where she writes on law and politics.