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If Trump had won his lawsuits with decisive implications for the election, his slate of electors still had to be appointed by the state legislature. In the absence of that, they're not contingent electors, they're nobody. The only contingency is whether or not he won, which he didn't. In Michigan, for example, the fake electors gathered and selected themselves after all the lawsuits had been resolved (not to Trump's favor, needless to say). They subsequently represented themselves to Congress as the true electors from Michigan despite not being appointed by the legislature. That Congress wasn't fooled doesn't make it less a crime, any more than my attempts to shoot you don't cease to be a crime because my gun jams (nor is my sincere belief that murdering you is justified and legal a defense).
Attempted crimes should be punished, but the details of why the "attempt" failed are relevant to determining whether it was a genuine attempt at all. In your attempted murder analogy, yes, you couldn't shoot me because your gun jammed, but if prior to that attempt you purposely manipulated the gun by jamming up the chamber so that a spent round would get stuck in there and be impossible to eject, that would be evidence that you never intended your "murder attempt" to be effective.
The fact that Congress wasn't fooled doesn't by itself make election fraud not a crime, but the fact that apparently Trump tried this maneuver in several states and in no cases were the "fake elector" votes counted, indicates that there is something suspicious about the narrative that he was trying to deceive Congress. Yes, they sent a piece of paper to Congress saying they were the duly-chosen electors and they were voting for Trump etc., but that paper was presented as what it was, an alternate slate of electors. At no point was Pence saying, "well, now I have no idea which ones are the real votes!"
Ineptitude is not a defense.
That his deceit attempts were transparently absurd?
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This isn’t an apt analogy because the gun not firing was a mechanical issue and you really did try to kill them.
I don’t think anyone believes sending in a bunch of Trump electors would have worked but well got lost in the mail.
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