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Pence to decide race? Law profs say VP allowed to 'count' electoral votes
WND ^ | 8 Dec 20 | Bob Unruh

Posted on 12/14/2020 6:05:00 PM PST by BlackFemaleArmyColonel

An analysis by two prominent law professors published before the election concluded that if Electoral College votes remain in dispute after they are counted in Congress, the vice president, as presiding officer of the joint session, could choose not to allow certain disputed votes.

The scenario isn't entirely remote, with lawsuits challenging the results in six states and the possibility the U.S. Supreme Court could weigh in.

John Yoo of California-Berkeley and Robert J. Delahunty of St. Thomas University wrote in an analysis published Oct. 19 by the Claremont Institute that Vice President Mike Pence can refuse to count some of the votes if they remain disputed.

The professors concluded that the "constitutional structure" favors President Trump if Election Day "fails to result in a clear winner."

They cited the "unprecedented" circumstance of the COVID-19 pandemic on the election and envisioned a scenario in which "Trump appears to be the winner on the morning after Election Day, but a 'blue wave' begins in the days and weeks after, and Biden claims a belated, overtime victory."

Just the News reported Norman J. Ornstein of the American Enterprise Institute called the professors' argument "ludicrous on its face."

Attorney Richard Roth of the New York-based Roth Law Firm told Just the News that while the essay "raises several very valid – and very controversial – issues, they all rest on one fact: the certification of election results."

The professors pointed to the Electoral Count Act of 1887, which establishes deadlines for the states to report their official results and for the 538 members of the Electoral College to meet.

(Excerpt) Read more at wnd.com ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: 1887; johnyoo; yoo
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To: marktwain

“ Pence says the count is 260 for Biden, 235 for Trump. No one has a majority of undisputed votes. Therefore it goes to the House, where it is to be decided by 1 vote per state.”

More plausible. Yes.


61 posted on 12/14/2020 7:55:14 PM PST by jdsteel (Americans are Dreamers too!!!)
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To: pollywog
Of COURSE VP Pence will do the right thing!!!

It would be in Pence's best interests to do so ....

62 posted on 12/14/2020 8:09:12 PM PST by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: frog in a pot
handled by both chambers.

Thank you for calling it correctly; i.e., we have two "Chambers", NOT two "Houses". Well done! :-)

63 posted on 12/14/2020 8:15:35 PM PST by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: redfreedom
Would they refuse to take the case to avoid being the ones deciding the election, or would they select Biden because China says that’s the right thing to do?

I too have thought a lot about that possibility. IMHO, if the USSC were to summarily rule in favor of Biden, after refusing to even HEAR the Texas case or any of the others (particularly in light of the mountains of evidence of fraud), they'd be putting themselves in danger, in a literal sense. Surely even Roberts has an instinct for self-preservation.

64 posted on 12/14/2020 8:22:48 PM PST by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
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To: entropy12
Will VP Pence use a Dominion machine to manipulate the count to his desirable result?

Sure - why not? Dems cheat and the press doesn't give a damn. Let's test 'em and see if they care if we cheat too.

65 posted on 12/14/2020 8:25:37 PM PST by GOPJ (If China released a virus that killed ONLY gays, would PR FIRMS still place more Chinese in TV ads? )
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To: Right_in_Virginia

Yes but they eventually got to vote.


66 posted on 12/14/2020 8:28:31 PM PST by White Lives Matter
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To: BlackFemaleArmyColonel

https://i.imgur.com/UG6r6pE.jpg


67 posted on 12/14/2020 8:36:54 PM PST by GOPJ (If China released a virus that killed ONLY gays, would PR FIRMS still place more Chinese in TV ads? )
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To: White Lives Matter

Thanks so much for the update on Michigan electors .... I didn’t know they got to vote!!


68 posted on 12/14/2020 8:59:23 PM PST by Right_in_Virginia ( )
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To: Republican Wildcat

Hey I pay attention to other cars too.


69 posted on 12/14/2020 9:35:56 PM PST by bicyclerepair (Trust God.)
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To: BlackFemaleArmyColonel

This is stupid. We shouldn’t be stupid on this site.


70 posted on 12/14/2020 9:38:48 PM PST by Trumpisourlastchance
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To: redfreedom

“The left would go absolutely wild, bat shit crazy and start shooting and burning everything in sight.”

Good!!! When we finally and permanently do away with those psychopaths, it will all be fully justified.


71 posted on 12/14/2020 11:29:44 PM PST by Prole
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To: BlackFemaleArmyColonel

The Count Heard Around The World.


72 posted on 12/15/2020 3:00:23 AM PST by mmanager (Lets Finish This!)
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To: Prole

I fully agree.


73 posted on 12/15/2020 3:58:27 AM PST by redfreedom (Member of Agent Orange Health Club Since 1969)
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To: Right_in_Virginia
Pence will do whatever gives him the best shot at the White House in 2024.

If the Communist/DNCCP steals 2020, the voter fraud system will expand and Pence and all GOP candidates will NEVER win another "election".

2020 is for ALL THE MARBLES.

74 posted on 12/15/2020 4:37:43 AM PST by newfreep (The Communist/DNC VOTER FRAUD is Trump's ONLY opponent in 2020 election.)
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To: JayGalt
I like Pompeo but...

Fully agree. China's behavior suggests the free world is in for continuing and growing challenges. In such a down and dirty environment, Pompeo may even be a better street fighter than Trump!

But, there is your "but". Pompeo does not appear to be the typical back slapping politician and it is not yet apparent he can prevail in a political race for the WH. His best avenue may be to fill in as VP.

75 posted on 12/15/2020 4:56:20 AM PST by frog in a pot (The American voter should realize there is nothing democratic about the current Democrat Party.)
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To: frog in a pot

Agreed.


76 posted on 12/15/2020 5:01:20 AM PST by JayGalt (You can't teach a donkey how to tap dance. Nemo me impune lacessit!)
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To: newfreep

VP Pence, given the choice, could never support the pro-abortion candidate. It’s not in him.


77 posted on 12/15/2020 6:13:41 AM PST by jazminerose (F**k antifa!)
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To: Right_in_Virginia

I hope so. Pence is no dummy. Newest Rasmussen poll says well over 80% of Trump voters believe the election was stolen. If Pence doesn’t challenge the votes, he can kiss his political career goodbye. Also, Pence says he’s a Christian. We shall see. No true Christian will let this injustice stand if he has the power to stop it.


78 posted on 12/15/2020 9:48:52 AM PST by elenvee ("...against all enemies, foreign and domestic..")
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To: elenvee

Thanks ... then I’ll try to catch some of the hearing.

Pence has been a good VP, but methinks his inner swamp will be unleashed on Jan 6. Hope I’m wrong ....


79 posted on 12/15/2020 9:57:36 AM PST by Right_in_Virginia ( )
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