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Jun 23, 2025  |  
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NextImg:Lawfare and the Legal Basis for Alternate Electors - The Conservative Brief

“Lawfare” means utilizing legal mechanisms to intimidate or outright derail your opposition. The practice of using the law to destroy your political opponents has been circulating in American politics since 2016 and it seems to be getting worse as time passes. 

Former President Trump, for instance, faced a sexual abuse accusation decades ago, lacking a specific date of the alleged incident. Trump himself could not even provide the necessary information, let alone the whereabouts of when such an event occurred.

Meanwhile, Manhattan District Attorney Alvin Bragg, who has ignored crime spikes throughout his city, accused former President Trump of falsifying business records.

Though this offense falls under a misdemeanor charge and is consequently beyond the statute of limitations in New York.

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Bragg still contends that the incident occurred while Trump was committing an undisclosed felony, which would nullify the statute of limitations and elevate the charges to felonies.

Bragg also still seems bent on pursuing Trump’s hush payments to Stormy Daniels, despite even federal prosecutors declining to entertain it.  

On July 18th, Michigan Attorney General Dana Nessel filed charges against 16 Republican electors, accusing them of forgery, election fraud, and conspiracy related to submitting alternate elector certificates during the 2020 election.

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Additionally, in Georgia, 16 Republican electors and even former President Trump are anticipated to face indictments for “submitting an alternative slate of electors,” despite ongoing disputes and legal actions at that time.

A 1960 ruling concerning a similar situation in Hawaii between Nixon and Kennedy affirmed that the electors followed a constitutional procedure when submitting certificates. 

Oddly enough, a Politico article by Kyle Cheney scrutinized anyone using the 1960 decision to justify the certificate’s validation. Cheney later admitted that despite Democrats’ taking identical actions to the Georgia GOP, Hawaii ultimately reversed the state’s election results. 

At this point and time, what happens next is anyone’s guess.