Smith will claim phony electors to overturn the election. Remember they are diabolical.
SCOTUS ruled that the statute that was used needs to be based on fraudulent records that are submitted to a government process in an attempt to delay or subvert that process. Think Enron.
McCarthy said that Smith might be able to use the certificates that were submitted to Congress by the so-called "fake electors" as the documents to meet the statutory requirements.
The question is whether those certificates can be traced back to President Trump or did the people in the states do that on their own.
-PJ