WATCH: Mark Levin Says “Of Course” States Can Be “Lobbied” To Change Election Outcome

The January 6th Committee spent Thursday afternoon making the case that Donald Trump and his allies knew, when they pressures Mike Pence to misuse his position as Vice President to overturn the election, that this was not a legal option. Mark Levin begs to differ.

The Committee has made it clear that essentially every legal expert in Trump’s vicinity knew the plan wasn’t workable. They’ve collected testimony supporting that Rudy Giuliani admitted this, that John Eastman — the “coup memo lawyer” himself — admitted that it would never get past the Supreme Court, and that White House counsel made it endlessly clear this wasn’t an option.

Despite all this, conservative commentator Mark Levin is still arguing otherwise. He appeared on Sean Hannity’s Fox News show to make his point.

Levin:. The fact of the matter is, when it comes to state legislatures, of course you can lobby state legislatures to change the electoral outcome. pic.twitter.com/CAdf4pGPU7

— Acyn (@Acyn) June 17, 2022

“We had professors on the left who actually agreed with John Eastman’s position, before it was John Eastman’s position and Trump’s position. The fact of the matter is, when it comes to state legislatures, of course you can lobby state legislatures to change the electoral outcome!”

It’s not a new position for Levin, either — USA Today fact-checked him when he made a similar assertion in 2020. At the time, they cited Harvard Law School professor Lawrence Lessig, who affirmed that there has never been a time in the United States when a state rejected the will of its people and chose electors inconsistent with the vote in that state.

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While states may technically hold the right to choose electors, they cannot change those electors after the day established by the ‘safe harbor’ laws, as NPR explains here.

“Electoral College electors are scheduled to meet in states across the country on the first Monday after the second Wednesday in December (Dec. 14 [in 2020]) to cast their votes.

And if a state has finalized its results six days before then, according to the ECA, then those results qualify for “safe harbor” status — meaning Congress must treat them as the “conclusive” results, even if, for example, a state’s legislature sends in a competing set of results.”