On Tuesday, the Select Committee revealed that Jim Jordan sent Mike Pence a text meant to persuade Pence that he had plenty of legal authority to cast out Electoral College votes (Notice they never asked for votes to be thrown out from states Trump won?). It was one of the most ridiculous tweets ever sent and read:

“On January 6, 2021, Vice President Mike Pence, as President of the Senate, should call out all the electoral votes that he believes are unconstitutional as no electoral votes at all — in accordance with guidance from founding father Alexander Hamilton and judicial precedence. ‘No legislative act,’ wrote Alexander Hamilton in Federalist No. 78, ‘contrary to the Constitution, can be valid.’ The court in Hubbard v. Lowe reinforced this truth: ‘That an unconstitutional statute is not a law at all is a proposition no longer open to discussion.’ 226 F. 135, 137 (SDNY 1915), appeal dismissed, 242 U.S. 654 (1916).”

Relying upon a 1916 U.S. District Court case (not even an appellate court, never mind a Supreme Court ruling) as a legal basis to throw out a presidential election really would be a criminal act (By Pence). Never mind the fact that it is not up to Mike Pence to decide what is and what is not constitutional.

The revelation that Jordan sent the text is now having ramifications. Representative Gallego of Arizona called Jordan a traitor to that very same Constitution and explained his assertion:

“As a matter of fact, he’s more dangerous than the yahoos, because he actually has access to power, access to information, and actually knows the process of how to stall democracy.”

Former U.S. Attorney Glenn Kirschner agreed, first noting that Bill Barr and several other federal officials, including judges, had failed to find any fraud. Additionally:

“What Jim Jordan did by forwarding that text was to obstruct an official proceeding, and that statute, which is a 20-year felony, says if you actually obstruct, or you attempt to obstruct, or you endeavor to impede an official congressional proceeding like the electoral vote count, you’ve committed the federal felony of obstructing an official proceeding.”

Well, the attorney on this stuff (me) will never be 1/100th of the lawyer that Kirschner is, but there would be a huge fight as to whether the text actually attempted to obstruct or impede a congressional proceeding.

Jordan would argue that he gave Meadows/Pence the information for his consideration in his duties and the text was not an attempt to obstruct anything. It only “provided information.” But again, Kirschner actually knows what he’s talking about and thus Jordan should be very concerned.

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