Stephen Michael Kellat

Stephen Michael Kellat at

From the civil servant perspective, I look forward to Continuity of Government plans kicking in as we figure out who the Designated Survivor being carried over from the Obama administration happens to be. This bit from Mr. Lessig will only lead to chaos right now. Depending upon whether or not Secretary of State John Kerry has resigned by 12:00 PM EST on January 20th and if things are totally screwed up with an inconclusive electoral college vote, we could wind up with either him or his first assistant Deputy Secretary of State Tony Blinken as Acting President for at least a little while until the dust settles.

If everybody at State passes on it, then Treasury is next in line. The order of succession in Treasury stretches heavily starting from the Deputy Secretary through the Assistant Secretaries and the Under Secretaries down to my divisional chief in the nasty bureau I work in. We certainly don't want that either.

As a thought exercise, this bit from Mr. Lessig can be wonderful I suppose. As a practical matter this is akin to juggling chainsaws. Little good will come of this.

Stephen Michael Kellat shared this.

There is a structural problem that extends beyond this election.  Due to the population geographic of the U.S., winning the WTA Electoral College vote while losing the popular vote is only going to become more likely.  If this suit is brought, I don't care whether it changes the outcome of this election or not.  Eliminating WTA for *future* elections -- which means that non-WTA will be the "rules of the game" under which those campaigns are conducted -- is a far more important outcome.

Karl Fogel at 2016-12-06T06:12:53Z