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Pence May Reject Biden’s Fraudulent Electors
https://populist.press ^ | 12.22.2020 | populist.press

Posted on 12/22/2020 2:50:23 PM PST by rxsid

Pence May Reject Biden’s Fraudulent Electors

Firebrand and freedom fighter Boris Epshteyn, a Trump 2020 adviser, is working overtime through the holidays to legally prove election fraud and rightfully overturn the results, namely, in Arizona.

Epshteyn, a regular guest on Steve Bannon’s “War Room,” said during his latest appearance on the number one political podcast in the country, that Vice President Mike Pence may reject the slate of electors he finds fraudulent during a joint session of Congress on January 6.

Boris was responding to a question about how President Trump can still prevail.

“So when the time comes on January 6…” the Vice President can count the “correct electors…the electors based on the most legal votes,” Epshteyn said on Steve Bannon’s “War Room” podcast. “Let not forget that a week ago today, the Trump electors were sent to Congress…along with the Biden electors,” he continued. Epshteyn later said the Trump team is prepared to fight well past January 6 if Congress cannot certify a winner.

This is significant since Vice President Mike Pence is tasked with reading each states’ electors into the official record during the Joint Session of Congress on January 6.

Some legal scholars have argued that where there are disputes over electors, the vice president has the legal authority to read into the record only that slate of electors which he believes is correct.

There’s discrepancy between legal scholars who say the vice president has no such power and may only read the slate of electors transmitted to the Congress by state officials. The answer to who wields this power or not falls within the open question of law that must be decided by the Supreme Court of the United States.

SCOTUS has never ruled on this issue in history. However, if Pence rejects some of Joe Biden’s electors, this could be the first time in history the highest court in the nation resolves this question.


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: 2020; 4thegullibles; arizona; bannon; biden; borisepshteyn; delusion; delusional; dontgiveup; election; electionfraud; elections; electoralcollege; electors; epshteyn; georgia; michigan; nevada; nevergivein; nosurrender; notthisagain; nowhiteflag; pence; pennsylvannia; stevebannon; trump; votefraud; votegate; warroom; wisconsin
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To: RummyChick

btw, comments say it has a date of july 2020 so dont know if it got folded into the covid bill or the dude just doesnt know what he is talking about


101 posted on 12/22/2020 3:55:07 PM PST by RummyChick (I BLAME KUSHNER)
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To: newzjunkey
In Bush v Gore, SCOTUS said the legislature can ignore the vote totals and choose its own slate.

Not sure if Bush v. Gore actually said that, but even if it did none of the state legislatures have chosen a slate of electors to replace those electors chosen by the voters. And absent a court decision saying the election was invalid I don't see any legislature doing so.

102 posted on 12/22/2020 3:55:08 PM PST by DoodleDawg
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To: DoodleDawg

There are conflicting interpretations & yours is from a liberal cesspool, Cornell.


103 posted on 12/22/2020 3:55:26 PM PST by JayGalt (You can't teach a donkey how to tap dance. Nemo me impune lacessit!)
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To: rxsid

Not in a million years is Pence stepping outside the establishment lines.


104 posted on 12/22/2020 3:55:30 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: jstolzen; rxsid; RummyChick
I’d recommend reading the relevant US code at post #45..Pence can ONLY count electors certified and submitted by each state. ... So, to your questions..he has no choice, per the US Code. There is only 1 slate per state to count. There are no conflicts.

Assuming for the sake of argument that you have interpreted the statute properly, you have completely ignored that by the Twelfth Amendment, VPOTUS presides and counts the votes. That implies the constitutional authority of VPOTUS to make decisions about the legitimacy of the certification of the votes. The Twelfth Amendment requires only that the electors sign and certify their votes, not the governor of the state or anyone else.

As I wrote previously:
The point to remember is that the Twelfth Amendment didn't anticipate the popular election of the presidential electors. When they wrote that language they considered it a simple task to deterimine appointments of electors from the state legislatures. The statutes do reflect that practice, but may violate VPOTUS's constitutional role. Traditionally VPOTUS's role is largely ceremonial, but we have never had this much fraud and contempt for the election laws of the legislatures before. VPOTUS can assert consitutional powers by refusing to recognize the legitimacy of slates of electors, and not even letting Congress consider them. Expect the Dems to run to Judge Sullivan in that case, and then it gets interesting because defenses of laches, mootness and standing won't apply to VPOTUS
105 posted on 12/22/2020 3:55:41 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: rxsid
The state legislatures have the authority.

But none of them have done so and I don't see any of the legislatures doing so in the future, absent a court order invalidating the election.

106 posted on 12/22/2020 3:57:04 PM PST by DoodleDawg
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To: Yardstick

I haven’t seen anything, it doesn’t appear to have been released yet.


107 posted on 12/22/2020 3:57:06 PM PST by Coronal
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To: jstolzen
I can’t fathom why this nonsense of Pence single handedly pulling some 11th hour miracle save continues to be posted. It wasn’t possible the first time it was posted, and it continues to not be possible the 100+th time it’s been posted.

People want to believe I guess.

108 posted on 12/22/2020 3:57:51 PM PST by DoodleDawg
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To: FreeReign
The game right now is for Pence to count a Trump slate of electors or a decertified empty slate from the AZ, GA and one other legislatures.

Legally Pence cannot do that.

109 posted on 12/22/2020 3:58:27 PM PST by DoodleDawg
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To: jstolzen
The supreme US law is the language of the US Constitution, as amended. The "law" you are citing is statutory law. IF the Constitution says otherwise, the Constitution wins. Claims that Pence can do more claim the Constitution as authority. What the statue says is irrelevant. The only thing that is relevant is does the Constitution say and mean what they say it does. If it does then Pence can do what they claim. Whether it does is debatable, but like 'Trump Wins' not without evidence.

Those arguing that no one person should have such power should be asked if they would say the same were the person named John Roberts, or some random swing Justice. Framers believed in dividing power. The VP was long considered the least powerful elected office; framers might have thought a person aspiring only to that low office a fair choice to resolve such controversy.

110 posted on 12/22/2020 3:58:45 PM PST by JohnBovenmyer (Dewey eyed Joe lost )
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To: Coronal

You are slightly missing my point. A man without hope has no life worth living. Even an impossible hope is better for psychological mental health than no hope at all.


111 posted on 12/22/2020 4:00:04 PM PST by entropy12 (Those who vote decide nothing, those who count votes decide everything--Joseph Stalin)
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To: rxsid

Reject illegal votes in PA, GA, MI, WI, Nev. & AZ. Rudy has proof of illegal votes in those states.


112 posted on 12/22/2020 4:00:54 PM PST by kenmcg (tHE WHOLE )
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To: hoosiermama
The SCOTUS ruled in a landmark case UNITED STATES v. THROCKMORTON (98 US 61 – Supreme Court 1878) that “fraud vitiates everything”

Good word.

113 posted on 12/22/2020 4:01:05 PM PST by Tellurian
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To: rxsid

Well the moment one of the state legislatures changes state law and appoints a new slate of electors you be sure to let me know.


114 posted on 12/22/2020 4:01:09 PM PST by DoodleDawg
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To: odawg

If you eliminate the electors from Arizona, Georgia and Wisconsin, ChiCom Joe is short and you force a 12th Amendment action.

The House would submit 50 votes based on state delegation and choose the US President.

The Senate with Cocaine Mitch would get to select the VP.


115 posted on 12/22/2020 4:01:20 PM PST by romanesq (TRUSTY THE PLAN! So ChiCom Joe is the Plan? Que magnificent! /s 👹)
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To: JayGalt
There are conflicting interpretations & yours is from a liberal cesspool, Cornell.

So Cornell is not providing the law as it exists? Can you point me to another source with a real copy of the law?

116 posted on 12/22/2020 4:02:35 PM PST by DoodleDawg
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To: romanesq
If you eliminate the electors from Arizona, Georgia and Wisconsin, ChiCom Joe is short and you force a 12th Amendment action.

And how are you going to do that?

117 posted on 12/22/2020 4:03:27 PM PST by DoodleDawg
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To: DoodleDawg

That said, some conservatives have argued that the 12th Amendment gives the vice president unilateral authority to reject electors.

The language of that amendment “seems to envisage a single, continuous process in which the Vice President both opens and counts the votes,” wrote constitutional law scholars John Yoo and Robert Delahunty in the American Mind in October.

“The check on error or fraud in the count is that the Vice President’s activities are to be done publicly, ‘in the presence” of Congress,’” they added. “And if ‘counting’ the electors’ votes is the Vice President’s responsibility, then the inextricably intertwined responsibility for judging the validity of those votes must also be his.”


118 posted on 12/22/2020 4:03:48 PM PST by JayGalt (You can't teach a donkey how to tap dance. Nemo me impune lacessit!)
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To: DoodleDawg

It’s underway in those states right now.


119 posted on 12/22/2020 4:04:12 PM PST by romanesq (TRUSTY THE PLAN! So ChiCom Joe is the Plan? Que magnificent! /s 👹)
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To: newzjunkey
>What we need to be careful of is whether this turns into a reason to scuttle the electoral process and amend the constitution to a directly elected POTUS which means every POTUS from here on out will be elected by NYC, LA, Chicago, Detroit, ATL...

Since that is what Biden's done this year that is exactly what we get if we do nothing in response.

120 posted on 12/22/2020 4:04:25 PM PST by JohnBovenmyer (Dewey eyed Joe lost )
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