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It seems to me that this is a dangerous game being played here. There is no ruling here that will lead to an overall positive outcome or be seen as legitimate by broad swaths of the country. I see any ruling creating more trouble than it solves.

To be clear, defeating Trump one last time in an election also isn't going to solve anything, given how far gone the GOP is at this point. But it'll be a damn sight better than the kind of political games that will start popping up if this works and better than giving Republicans a way to claim Trump was found not guilty of insurrection in court if it doesn't.