The left-leaning websites RawStory.com and Salon.com have run a major story alleging that I had “guided” the Jan. 2021 action of private persons presenting themselves to Congress as duly-elected Arizona presidential electors.
This claim is categorically false. The publishers and the writer have been informed that it is false and provided with information showing that it is false. At my insistence, they have made some corrections, although I still think some parts are inaccurate.
Here’s the background: In the weeks after the 2020 presidential election, I wrote publicly about the constitutional options open to state legislatures in states where the election returns were disputed. The writer apparently jumped from this to the erroneous conclusion that I was behind a later action by parties other than a state legislature and unauthorized by it. This was the decision of apparently-defeated candidates to present themselves as duly elected. In fact, I have never had any contact with those candidates and, as of this writing, do not even know their names.
The story also continues to suggest that my professional summary of legislative options was “novel” and “stupid.” The article did not inform the reader that the summary was based squarely two Supreme Court decisions—one old (pdf) and one new (pdf)—and on scholarly research accepted (and later published) by one of the country’s top constitutional law journals (pdf).
I believe this false story has had a damaging impact on my reputation, and it has provoked threatening phone calls to offices of the Independence Institute. Hence the need for this notice.