Posted on 12/12/2020 1:33:30 PM PST by USA Conservative
Trump appeared to be referring to what is known as a contingent election, in which the House of Representatives chooses the next president if no candidate wins an absolute majority of votes in the Electoral College — an outcome that would be more likely if the results in key states were in dispute.
-Prez Trump has clearly discussed and been briefed on a strategy to contest the election via Constitutional means, first through the courts and then through House, saying at a Sept. 26 rally in Pennsylvania: “And I don’t want to end up in the Supreme Court and I don’t want to go back to Congress either, even though we have an advantage if we go back to Congress — does everyone understand that? I think it’s 26 to 22 or something because it’s counted one vote per state, so we actually have an advantage. Oh, they’re going to be thrilled to hear that. I’m sure they’re trying to figure out, ‘How can we break that one?’”
This could be an indication that this was one of his plans all along.
Trump is correct that Republicans currently control 26 state delegations and Democrats 22, with two effectively tied — although the vote occurs after a new Congress is seated in early January, so those totals could change and the margin could be even bigger.
A Twitter account called Maximus Uncensored decided to describe the possible path to retaining the Presidency!
From Maximus Uncensored
The President’s Constitutional Plan.
It involves two steps, or two fronts: First the Courts, then the House.
-The Trump Campaign, RNC, various state GOP Parties, third party organizations, are filing county, state, and federal lawsuits.
A Republic, not a Democracy. -The primary objective is to strategically get several ballots invalidated.
-However, a secondary objective is to publicly expose “corruption” in these cities to both STATE reps and US House and Senate Leaders. This is crucial. -While keeping the 73 million Trump supporters engaged and working behind the scenes.
-There seems to be a success in this, as two polls show 60% of the US now believe “fraud” occurred and only 49% believe Biden won. These polls have a 37-32 D: R bias.
-Keep in mind, MSM “calls” are merely “projections” of how a state voted in the popular vote. Strictly speaking, they mean nothing.
-Win, or lose in court, the next step is the GOP State Legislatures (SLs) in PA, MI, WI, AZ, and GA.
A Republican, not a Democracy. -On December 14, 2020, Certified Electors from each state, cast their ballots for the President and VP. What many do not realize is they vote in their home state and their vote is sealed and NOT “counted” until January 6th. Crucial point. -Now, the SLs have the Constitutional authority (under Article II, Section 1, Clause 3 and 3 U.S. Code § 2 and § 5) to appoint their own slate of Electors, loyal to President Trump, if they deem their state’s “POPULAR VOTE IS CORRUPTED”. -In other words, the State GOP Legislature of Georgia, for example, can “conclude that the popular vote has been corrupted” and appoint a “competing slate” of electors, loyal to President Trump. For example, 20 Biden Electors from PA & 20 for Trump.
A Republic, not a Democracy. -The precedent for this is the 1876 Election when SC, LA, FL, and (1 EV from OR) each sent competing Dem and Repub Electoral votes, sealed, to the archivist in D.C.
-Keep in mind, NOTHING is “counted” yet. Another crucial point.
-On January 6, the 12th Amendment to the Constitution specifies that the “President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.” -That means that in the case of disputes about competing for electoral slates, the President of the Senate—Vice President Pence—would appear to have the ultimate authority to decide which to accept and which to reject. This is supported by 3 U.S. Code § 15. Hence, Trump wins. -This is a de facto check on the Electoral College, which few realize because it only happened in 1876.
A Republic, not a Democracy. -If at that point, nobody gets to 270, the 12th Amendment stipulates, “the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote.” -Currently, Republicans have a state delegation majority with 26 (likely 30 in the new Congress) out of 50. Ergo, Trump wins.
-Moreover, Politico reports, “In private, Trump has discussed the possibility of the presidential race being thrown into the House as well, raising the issue with GOP lawmakers, according to Republican sources” such as McConnell, Graham, McCarthy, etc. -This would explain Sen. McConnell’s resolute backing of President Trump. It is clear, McConnell, who is shrewd and believes in raw power, knows POTUS is on solid Constitutional ground. With our help, he will hold the GOP Caucus in line. – In a contested 2020 election, like the Election of 1876, the Republican Senate and Democratic House would disagree on which electors to accept. This is called a “disputation.”
A Republic, not a Democracy. -Under the Constitution, there exists no mechanism to resolve a dispute in which the two houses of Congress cannot agree upon a certified set of electors, and there is no Constitutional role for the courts, including the Supreme Court. This is another crucial point. -Hence, Trump’s Sept. 26th references to FIRST the COURTS, then the HOUSE (see above).
-The House and Senate GOP (McCarthy & McConnell) shall argue under the language of the 12th amendment, the President of the Senate—Vice President Mike Pence—has the sole discretion… ….to break a deadlock between the Senate and the House, and to either accept or dismiss disputed electors.
-Republicans will point to the historical pedigree of the VP’s position, observing that the GOP made the same argument during the election of 1876. -Given the language of the Twelfth Amendment, whatever its ambiguity and potential policy objections, there is no other possible single authority to identify for this purpose besides the President of the Senate to act as the arbiter of any disputes and break deadlocks. -In fact, within Pence’s powers, he could either accept the competing slates of electors submitted, or dismiss them as disputed, and not have them counted. A reduced total still delivers Trump a victory BECAUSE IT DEPRIVES BIDEN OF 270. This is another crucial point. -If 270 is not reached, then under the 12th Amendment, “the House of Representatives shall “choose immediately”, in this scenario, reelecting President Trump to a second term because, as stated above, the GOP controls the House Delegation majority.
A Republic, not a Democracy.
So, what we need to do is KEEP CALLING, EMAILING, ORGANIZING, MARCHING, and FORCING the GOP at the State and Federal levels to appoint a Republican slate of electors for Prez Trump and SUPPORT HIM 1000%.
In case anyone is wondering about President Donald Trump’s plan re competing slates, he just claimed victory in PA again.
By doing this, he’s telegraphing to State GOP leaders, in his opinion “the popular vote is corrupted” and they must act.
I’m trying 2b objective in my analysis. Addendum Trump’s Constitutional Plan (See above):
-Dec. 14 the Electoral College votes, but on January 6, is when it is “counted”. -If one member of the House and one Senator dispute or “object” an electoral vote, or a state slate, both houses withdraw to debate the issue. -Now, 3 U.S.C. § 6 says “if there is “controversy” re an election, then the governor must, “as soon as practicable after such determination,” communicate, “under the seal of the State…a certificate of such determination in form and manner as the same shall have been made.” -This suggests that, if a governor is ignoring controversy, or a contested election result and not issuing a determination, and communicating it properly, s/he is breaking federal law.
-I believe this too is where objections re “certified” state electors will arise on Jan 6. -For example, the GA, AZ, and PA results, will likely be disputed by the Senate (R) because the govs of those states are AWOL, ignoring pleases for audits. Thus, their states’ results will be challenged as “unlawfully certified”.
-This will be resisted by the Dem House. -Now, under the Electoral Count Act of 1877, it is unclear if the House accepts a slate and the Senate rejects it, how to move beyond an impasse. What is clear is that tradition holds “The President of the Senate” is the tiebreaker. Ergo, Trump wins. -Therefore, if disputes are raised over MI, PA, GA, and AZ, for example, and the House (D) & Senate (R) are tied, and Pence decides to side with the GOP and throw out the slates (which he would), neither Biden nor Trump, could get to 270.
-The election results are rendered moot. -If that occurs, the 12th Amendment CLEARLY says the “US House” delegations would “immediately” choose the president, while the Senate picks the VP. -The GOP controls 26 of 50 US House delegations.
The House would reelect Trump.
-The Senate reelects Pence.
As I said earlier: we have a contested election.
We are headed toward a Constitutional crisis.
But POTUS has a Constitutional plan, rooted in federalism, to be reelected.
Pray, if you pray, and if you don’t…maybe you should start.
In any case, President Trump tweeted today that the fight has just begun so we gonna have to wait and see if these are the paths he will use to reclaim the presidency.
THANK YOU!! Saving post
I believe that it was that “ white nationalist “ John Paul Jones who shouted :
” I have not yet begun to fight “.
Members of Congress can, on January 6, challenge the electors from one or more states, but such a challenge, to be successful, requires a majority vote of both houses. The each-state-delegation-gets-one-vote procedure applies only if no one gets a majority of the electoral votes; it doesn't apply to a challenge to certified electoral votes.
It’s important that there is some official record of Republican controlled legislators voting for electors that are loyal to Trump in the contested states (Pennsylvania, Arizona, Georgia, etc) by December 14, 2020. Also its important to have an official record of those electors voting for Trump on December 14, 2020. “Official” means Vice President Pence recognizes the two votes occurred in the right order and at the right time to justify Pence choosing electoral votes of Trump over those for Biden.
The same house that impeached him?
Courts, yes. Also, the contested, swing-state Republican legislatures can still send competing slates of Trump electors to Congress but that seems highly unlikely.
If both Courts and Republican legislatures fail to deliver for President Trump, then that's the end of the road. Given the U.S. House Democrat majority, it will reject any Republican objections to the states' EVs during the Jan. 6 count led by VP Pence, so Sleepy Joe Basement-Biden would become the official President-Elect on that day.
To attorney-freepers: If I have any of this wrong, please feel free to correct it.
Yes and no.
As is the fact that rulings of the chair can be appealed to the floor, where there are 270-272 Democrats and only 263-265 Republicans.
Can’t V.P. Pence refuse to certify the election? What happens if he does that on Jan. 6th?
January 6th is being pushed back. This can’t be resolved this quickly. The only set in stone date is January 20th
First of all, all four GOP Legislatures (PA, WI, GA, MI) have accepted Biden as President-Elect.
Second, any ruling by Pence (and I do not think he would rule for Trump) can and will be appealed to the floor where the Democrats have a majority. The one-state one vote rule in the House cannot come into play until Congress certifies that no candidate has a majority of Electors appointed.
For later study.....
I think the key person to watch is Mitch McConnell. If Mitch McConnell still refuses to call Joe Biden “president elect” after the electors vote on December 14, 2020, Mitch McConnell still believes Trump has a chance to be reelected. Mitch McConnell likely knows if Trump’s strategy will work.
“The election is not going to the House; all the States have already certified their electors, and the electors will vote Monday.”
You didn’t read it closely.
I heard a funny suggestion.
Pence should make up the votes and refuse to let the ballots be examined, just like these states did.
Eg California: 55 votes for Trump.
Yes, your assessment is correct. The majority of this post is quackery.
As of now, all states are set to send their electors to vote on Monday. As such, the 270 electoral vote threshold has been met. And, because of that, this cannot go to a one-state-one-vote election in the House.
Even if SCOTUS accepts Lin Wood’s Georgia case and Arizona’s case, rules in our favor in both (hah!), and those states flip their 27 electors to Trump (would require illegal ballots being thrown out by each state legislature...hah! x 10), the 270 minimum would still be met — without GA and AZ, Biden has 273. I don’t see any scenario in which we have NOT yet passed the 270 electoral vote requirement. The initial idea was to get a few state legislatures to not send electors, thus keeping the electoral college below 270 votes for a single candidate; that hasn’t happened anywhere and we’re out of time for it to happen.
The sentence in the post about the Senate voting to re-elect Pence is utter nonsense, too. Does anyone seriously think RINO Senators will vote for Pence? I’m from Alaska and have less than zero hope that Benedict Murkowski would vote for him.
I would love to be completely wrong.
We are not headed or a constitutional crisis we are in one. I think we all know where this is going to end up.
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