Replies

First, speaking for most, we certainly appreciate your participation on Free Republic.

Hopefully, you will agree that the Congress is the only body that can unravel this potential scam. Further, that it may need a nudge from the USSC.

Assume for the moment that a defect occurred when the Congress ignored its obligation and authority pursuant to the 12th and 20th Amendments and 3 USC 15, to assure that no substantial irregularities occurred during the work of the Electoral College. (One of the Kerchner v Obama arguments) Assume the Democrats ignore or defeat any floor action brought now to correct such defect.

In your opinion, would one or more Republican members of Congress have a means of bringing such an issue to the USSC?

To your 705: First, speaking for most, we certainly appreciate your participation on Free Republic. Hopefully, you will agree that the Congress is the only body that can unravel this potential scam. Further, that it may need a nudge from the USSC. Assume for the moment that a defect occurred when the Congress ignored its obligation and authority pursuant to the 12th and 20th Amendments and 3 USC 15, to assure that no substantial irregularities occurred during the work of the Electoral College. (One of the Kerchner v Obama arguments) Assume the Democrats ignore or defeat any floor action brought now to correct such defect. In your opinion, would one or more Republican members of Congress have a means of bringing such an issue to the USSC?

First, thank you for the compliment--they are always appreciated.

In thinking about how this might get resolved, I have come to exactly the same conclusion as you do--the first and most appropriate forum is Congress on a motion to reconsider their action in certifying the Electorial College outcome.

And no, I don't think it even gets to the floor unless the Dems are on board. I believe it takes a motion to suspend the Rules and even then, I have not looked at the House rules in many years and am uncertain how it would work procedurally--but I don't think there is any substantive outcome that would be actionable anywhere absent participation of the Dem majority.

And I also tend to doubt you get even that far absent some negotiated agreement between the House Dems and Obama.

In that setting, and the charm in that setting is, you get out of the problem with creating a Constitutional crisis.

Absent an agreed outcome along those lines with the House acting to restate the election outcome down to Biden as acting President pending election of a qualified person, the result is a Constitutional conflict that might bring the government down.

The other obvious party with a direct interest in the outcome that would have the power to act to bring the issue to a head is the Military. Action by the Military would precipitate a crisis and it would seem that at least initially, the Military could act most productively by attempting to deal through some intermediary, directly with Congress. Don't use the Judge Advocate General's office--hire outside private lawyers to attempt to get a deal with Congress.