[Alberta's Child]

US Code Title 3 lays out the January 6 procedure. If state legislature make an appeal to Congress that their Electoral College results are tainted by fraud, then it behooves Congress to listen to them.

That’s exactly the scenario that would be applicable to the January 6th certification process.

It’s instructive to read the public statement Sen. Tom Cotton (I think) released in early January to explain why he would not vote to support any move to disqualify electors. He noted that the January 6th session was designed to address disputed electoral votes, but pointed out that none of the electoral votes sent to Congress met any objective definition of “disputed” because no legally designated representative or governing body from a single state had submitted anything to Congress documenting any kind of objection to that state’s electoral votes.

[Political Junkie Too]

And what you bolded is the problem that is laid out in Throckmorton, which is that it's the nature of fraud that it takes time to be discovered. And when it is found after an official ruling is made, and it is also found that the actors who are responsible for the fair and honest participation in the process (like Fulton County elections officials) actually manipulated the process for one party and against another, then the original ruling should have a rehearing.

Fraud has not been proven yet, but the question is what if it is proven? As they say, the Constitution is not a suicide pact. The governed will not consent to a process that allows the criminals to use their positions of authority to hide the crime for only a few weeks, and then declare that they got away with it and there is nothing that anyone can do about it now.

-PJ