
"In 2016," Harvard law professor Laurence Tribe writes, quoting Democracy Docket's Marc Elias, "Donald Trump seemed to pull an inside straight by narrowly winning" Michigan, Pennsylvania, and Wisconsin "while losing the popular vote by 3 million. We now know Trump committed 34 felonies to win that election. Without these crimes, he seems almost certain to have lost to Hillary Clinton. She would have been sworn in on Jan. 20, 2017. She would have filled two Supreme Court vacancies and enacted her legislative agenda."*
Since those 34 felonies involved falsified business records that were produced in 2017, that claim is logically impossible. Yet this gloss on the former president's New York conviction echoes similarly puzzling claims by many smart and ostensibly well-informed observers. In their eagerness to embrace the prosecution's dubious "election fraud" narrative, they nonsensically assert that Trump retroactively ensured his 2016 victory by disguising a 2017 hush-money reimbursement as payment for legal services.