The “perfect phone call” is back in the news this week.

  • Nougat@kbin.social
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    1 year ago

    I should have been clearer: I don’t think anyone’s mens rea matters with regard to federal officials taking actions outside of state courts to affect the outcome of a federal election.

    States are responsible and authoritative with regards to elections for the office of President of the United States. The legal course to challenge election results in a state is through state courts in that state. There is no provision whereby federal officers, up to and including POTUS, are allowed to directly petition (and, in this case, arguably strongarm and threaten) the Secretary of State for the state in which they want to challenge election results.

    Is it legal for the executive branch to take non-state court actions to effect the outcome of a presidential election in that state? If not (and it would seem that that is not legal, based on the Constitution clearly giving federal election authority to the States), then intent or state of mind is not relevant. The action itself is illegal.

    Edit: And if mens rea is necessary, then it can be demonstrated through “acting purposely” or “acting negligently,” I would think. Acting purposely, because the conscious intent was to effect the outcome of a state election without the authority to do so. Acting negligently for failing to meet a reasonable standard of behavior for their circumstances, because it is not reasonable for a federal office holder to believe they have the authority to interfere in state elections.