At that point, it was a Hail Mary: they had been handed a stinging defeat by the crooks in the Florida Supreme Court, which had ruled against the their own legislature, claiming that an ambiguity in the Florida Constitution would not permit any outcome other than either the recount requested by Gore, or NO appointment of electors at all.
Meese, et al, were pounding the table, not pounding the law. Unlike the present case (where Trump can win even if WI, MI and PA are not even counted) without Florida's votes, Bush could not win.
At that point they did not realize that the Supreme Court would rule unanimously that the authority of state legislatures to pick electors was a plenary power that could not be abrogated by any court, or even by Florida's own Constitution. In that decision, the Supreme Court clarified that nothing can stop a state legislature from picking its electors.
Even as recently as a week ago, Judge Jeanine and one of her guests cited Meese's brief to the Supreme Court as evidence that the "grand strategy" was to deprive Trump of 270 electoral votes. No, and no. NO, 270 is not the number. The number is a majority of electors appointed; and NO, no one can stop a state from appointing its electors. Jeanine is a judge and former DA and should have known better.
Meese probably did, but was trying to make the best of what he thought was a desperate situation.
Fred,
Thanks for this excellent analysis!
This, plus ls’ excellent posts, are the cappers; election 2016 is DONE, & PEOTUS Trump has 306 electors.
http://www.freerepublic.com/focus/news/3501138/posts?page=292#292