@dangillmor It also matters (or should matter) what Eastman *did* exactly. People like this like to talk about the Declaration and consent of the governed and all that. Which is possibly problematic exactly for the reasons the article describes. But, at the end of the day, if all he did was "hey consent of the govern mumble mumble so I filed a lawsuit (or 100 lawsuits) about counting dimpled chads" then of course that isn't a reason for criminal prosecution. IOW: if you go through the "front door", then whatever weird rhetoric you use probably doesn't matter much.
The question is, instead: are the Eastman Memos the "front door"?