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handle is hein.comprint/jscfrsmc0005 and id is 1 raw text is: From: Bruce Colbert <bcolbert@poarc.com> Sent: Wednesday, November 04, 2020 6:00 PM MST To: Eastman, John Subject: Moving Forward Attachment(s): Bruce Colbert Draft Letter.docx Dr. Eastman, Thank you for sending me a copy of the 79 Days to Inauguration Taskforce Report. This is the first time that you mentioned it. I reviewed the Report, and would like to discuss it. The Report simulates post-election outcomes very well, up until the final two weeks. Several published post-election outcomes for the final two weeks were not addressed. Also, the Report raises uncertainties without providing the recommendations that would allow President Trump's legal team to better prepare for these uncertainties. The intent of my letter is to address these outcomes and provide these legal recommendations. * Edward B. Foley, professor of law at The Ohio State University, is a legal consultant for the Transition Integrity Project (TIP). TIP was referenced by the Report. Foley's related legal article, Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management, should have been addressed by the Report, but was overlooked. Likewise, the Transition Integrity Project's Game One and Game Three legal outcomes were overlooked. In addition, the Report states, There are two arcas of uncertainty at the late stage of a contested election, but fails to provide recommendations for the President to resolve these uncertainties. My letter addresses the legal outcomes of Foley's article, the Transition Integrity Project's Game One and Game Three legal outcomes, and the missing recommendations for the two areas of uncertainty. r The Report states, The Claremont-TPPF effort produced a detailed roadmap...in the unlikely event that the Electoral College cannot determine a winner, how a President and Vice President could be constitutionally determined. The Report neglects to include this detailed roadmap. The Report also lacks an appendix of legal citations for the January 6 to January 20 timeframe, equivalent to Appendix A's December 14 to present timeframe. My letter provides the detailed roadmap. If Democrats don't win in the canvass, they have indicated that they plan to win in the joint session of Congress, by challenges and disruption in the count of electoral votes. The uncertainty raised by the Report will not be uncertain, once Democrats are through in the final two weeks. My letter will help avert a deer in the headlights moment for Republicans. As the Report recommends: Legal arguments need to be anticipated and prepared now. In order to be useful and practical for the President, the letter provides solutions and recommendations to the problems, outcomes, and uncertainties that have been raised. The letter provides comprehensive recommendations. It is good to be prepared for all eventualities. Rosa Brooks, a law professor at Georgetown University who co-founded and helped convene the Transition Integrity Project, said, One big takeaway is that leaders really need to know what exactly their powers are, and what the powers of others are, and think through some of these options in advance. Because if things go bad, they'll go bad very quickly, and people will have to make decisions in an hour, not in a week. We can do no less than this for President Trump, to secure his election victory. I attached my revised comments in red below. The Congressional Research Service provides helpful articles on seatingSenate Members and House Members. Please feel free to call me if you would like additional information or if there is something that you would like to clarify. I look forward to hearing from you and to seeing this through to fruition. Bruce On Oct 24, 2020, at 2:13 PM, Eastman, John wrote: Bruce, As I think I mentioned a while back, I have also been involved in a major war game simulation raising many of these issues. I have it on pretty good authority that the report of that effort is already before the President and his team. See https://www.claremont.org/79daysreoort.pdf. I am already up to my eyeballs in various litigations, including an opening brief in a major appeal due next Wednesday. I'll try to look at your further revisions thereafter just as soon as I can. John From: Bruce Colbert <bcolbert(apoarc.com> Sent: Saturday, October 24 2020 3:04 PM To: Eastman, John Subject: What are your thoughts on Ed Foley's comments? AUTHENTICATED u.s. GOVERNMENT INFORMATION GPO Chapman003226

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