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HICE: GSA ADMINISTRATOR MUST ADHERE TO CONSTITUTION, PAST PRECEDENT IN DETERMINING PRESIDENT-ELECT
republicans-oversight.house.gov ^ | NOV 13, 2020 | republicans-oversight.house.gov

Posted on 11/16/2020 9:04:08 AM PST by bitt

Subcommittee on Government Operations Ranking Member Jody Hice (R-Ga.) today wrote Emily Murphy, Administrator of the General Services Administration (GSA), correcting Democrats’ misrepresentation of the Presidential Transition Act of 1963 and calling on GSA to adhere to the Constitution when ascertaining a President-Elect.

“Contrary to complaints issued by House Oversight Democrats, the General Services Administration has followed the letter of the law. State governments certify election results; not the media, and not political parties. When the election is certified, we fully anticipate the GSA to take appropriate action as necessary. Until then, our priority must be on ensuring that this race was a fair and free election with an honest count,” said Government Operations Subcommittee Ranking Member Hice.

In the letter, Hice outlines the three situations where there is not an apparent President-Elect. All three situations apply to the 2020 election. The GSA Administrator should determine the President-Elect based on the Constitution and past precedent, which both indicate there is not an apparent President-Elect. Government-funded transition assistance can only be provided after GSA has made a determination.

The letter is available here and below.



TOPICS: Constitution/Conservatism; Extended News; Government; Politics/Elections; US: Georgia
KEYWORDS: 2020election; election2020; georgia; gsa; jodyhice; landslide; presidentelect; trumplandslide

1 posted on 11/16/2020 9:04:08 AM PST by bitt
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; ...

November 13, 2020

The Honorable Emily Murphy
Administrator
General Services Administration
1800 F St. N.W.
Washington, D.C. 20405

Dear Administrator Murphy:

On November 9, 2020, Democratic House Members sent you a letter that misrepresented the facts surrounding your responsibilities under the Presidential Transition Act of 1963 (Act). I write to correct the record.

Under the Act, you, as administrator of the General Services Administration (GSA), have the authority to provide government-funded transition assistance to the President-Elect and the Vice-President-Elect. However, this assistance can only occur after there are “apparent successful candidates for the office of the President and Vice President, respectively, as ascertained by the Administrator [you].”

There are enough state contests in question, such that there is not yet an apparent President or Vice-President-Elect. Precedent and legislative history present three situations where there may be an un-apparent President-Elect:

The drafters of the Act anticipated three electoral situations where there would be an un-apparent President-Elect: (1) a tie, (2) a plurality winner, or (3) the presence of extensive voter fraud or intimidation. The third being applicable to 2020 since the Trump campaign has raised questions and filed legal challenges in several states;
The drafters concluded that “if there is any doubt in the Administrator’s mind” the Administrator does not have to release transition assistance. Since states have not yet certified an electoral winner and some states are still tabulating legal ballots, there remains doubt as to the winner; and
The precedent set by the Clinton Administration in the contested 2000 election is that to ascertain an apparent President-Elect there would need to be a concession—which has not yet occurred in 2020—or no more legitimate continuing legal challenges—which has not yet occurred in 2020.
According to Congressional intent and past precedent set by President Clinton, as of today, there is no apparent President-Elect.

A GSA spokesman recently stated that “the GSA Administrator ascertains the apparent successful candidate once a winner is clear based on the process laid out in the Constitution.” I strongly encourage you to do just that: follow the Constitution and past precedent, not the media, when making your determination of the President-Elect. This democracy relies on a rule of law and the law must be followed.

Sincerely,

Jody Hice
Ranking Member
Subcommittee on Government Operations


2 posted on 11/16/2020 9:04:42 AM PST by bitt (The left gave us 4 years of Pearl Harbor. Now its time to give them Hiroshima.)
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To: bitt

https://twitter.com/LawDog323/status/1328145585279365121


3 posted on 11/16/2020 9:05:03 AM PST by bitt (The left gave us 4 years of Pearl Harbor. Now its time to give them Hiroshima.)
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To: bitt

"The precedent set by the Clinton Administration in the contested 2000 election..."

4 posted on 11/16/2020 9:08:55 AM PST by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: bitt

If the “powers that run things” really want violence, destruction of cities and a new Civil War they will find a way make sure Trump wins re-election....this following weeks of dangerous gas-lighting.

Of course Trump may win legitimately, in which the violence and destruction will be the same...this following weeks of dangerous gaslighting.

If that is what they really want.


5 posted on 11/16/2020 9:16:02 AM PST by GSWarrior
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To: bitt

Past precedent in declaration of a president-elect is when the other candidate concedes. POTUS has not conceded...


6 posted on 11/16/2020 9:27:45 AM PST by eeriegeno
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To: eeriegeno

Remove all of the “T”s from the computer keyboards.


7 posted on 11/16/2020 9:58:16 AM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: bitt

Make Biden take GSA to Court, then cert is guaranteed, and the Pandora’s Box will be opened. They know this.


8 posted on 11/16/2020 11:12:37 AM PST by StAnDeliver (I've got your Third Rail of Politics right here. )
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To: bitt

"Joe Biden should not concede under any circumstances" -- Cankles, 8/25/20

9 posted on 11/16/2020 11:13:55 AM PST by StAnDeliver (I've got your Third Rail of Politics right here. )
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To: bitt

That's my congressman! Way to go, Jody!


poconopundit's FR vanities & memes

10 posted on 11/16/2020 3:48:34 PM PST by poconopundit (Hard oak fist in an Irish velvet glove: Kayleigh the Shillelagh we salute your work!)
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To: poconopundit

Jody Hice is my Congressman.


11 posted on 11/17/2020 7:22:34 AM PST by Dacula (Don't NY MY GA!)
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To: poconopundit

My Congressman as well. He was a pastor before being elected to congress and I heard him preach several time before he was elected.
Excellent pastor and excellent congressman!


12 posted on 11/17/2020 2:35:34 PM PST by SubVet72
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To: SubVet72; Dacula

Agree, Jody Hice is very good. I paid a visit one time in his Monroe office. He’s on the Freedom Caucus.

Hope he figures out how to fix Georgia!


13 posted on 11/17/2020 3:49:24 PM PST by poconopundit (Hard oak fist in an Irish velvet glove: Kayleigh the Shillelagh we salute your work!)
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