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.
Indeed it does.
We just need people in power to not cave and that starts with their constituents not caving.
Yes - that point (a state COULD send more than 1 slate of certified electors) is indeed correct..
That said, no state is going to do that barring a totally unforseen miracle.
So, 99.9999999% probability - Pence has one, and ONLY ONE, slate of certified electors to read for each state. Assuming that indeed happens, there is no 11th hour save coming.
The ONLY chance is for there to be more than 1 certified slate in each of the contested states - and I simply don’t see that happening.
No, he cannot. The Insurrection Act is not superior to the US Consitution.
Pence has a certain demeanor but don’t let that fool you. He is a gamer, a power player, and ruthless
That said, I agree with you.
I don’t see him doing it.
It’s going to take something more monumental than what I have seen so far for it to happen. They may have it.
“Who will adjudicate that they were fraudulent”.
I do not think this is required.
Under the Constitution electors are chosen by the state legislatures or “in such manner” as state legislatures may direct.
The phrase “in such a manner” clearly implies that when state legislatures mandate rules for how an election is to be held to select electors, then those rules must be followed. So I don’t think it should be required to show that non-compliance with the rules resulted in fraud. And it is reasonable not to require that because some of these rules were put in place to detect fraud if it occurred.
It should only be required to show that voting officials did not substantially comply with those rules, because then, whether or not it can be proven that their noncompliance resulted in fraud, the vote they ran was not done ”in such a manner as the legislature may direct”.
And while the Supreme Court may be loathe to take this stance in response to the other egal challenges to the election results, as they might view that as interference with the other branches, it could be a different story if they had to analyze this with reference to resolving a dispute between branches, if Pence decides to go down this road.
What section of the Constitution do we think gives Pence authority to do other than is stated in the statutory law referenced in post #45?
Hm, I wonder why the delay.
LOLOL
I laughed out loud.
Another article on the point:
https://trendingpolitics.com/law-professors-say-vp-pence-could-become-the-deciding-factor-over-who-gets-the-most-electors/
If Trump invokes the insurrection act on January 5, 2021 at 11:50 pm, then the Democrats can’t stop the insurrection act by January 6, 2021 because courts will not act until the Democrats prove to the court that Trump has been served with the legal papers of their lawsuit first. All Trump has to do is refused to be served. January 6, 2021 will come and go without any Democrat’s attempt to block the insurrection act.
As originalists are we not supposed to follow the Constitution as written? Where in the 12th Amendment, or anywhere else, does it say that the Vice President can overrule the Electoral College and pitch some votes? Or is the 12th Amendment some sort of living document that has to be interpreted based on the times?
And to think, most, if not all, of these contested states have Republican legislatures. They could resolve all this in a heartbeat.
LOL! Yeah, that'll work. </sarcasm>
How they doing?
But none of them have done so ...
======================================
Yet.
Now is not the time to waive the white flag. They will certainly NOT do it if everyone gives up.
If their constituents hound them daily, in massive numbers...as they should, they might do the right thing. And that...is what we are aiming for regarding this.
The fact that some state hearings have occurred, and some of the reps have stated publicly they aren't giving up has ONLY occurred because of public pressure. They would do none of it in a vacuum of "We the People" voices.
He can reject electors that he believes are illegal.
Legally Pence cannot do that.
The Constitution says that it's the state legislature's choice, they are the ones that have the plenary power, and they are the ones Pence would have to count.
What?
Why would the states need to change state law to appoint new electors? Where are you getting this from?
Pence may have been chosen just for this moment just like Esther and I’m praying that he, like Esther, will be willing to have his head chopped off to save our nation.
He may be our last hope.
May God give him grace, strength, and fortitude of will!
You be sure to let me know the moment any of the state legislatures appoint a new slate of electors. Absent a court decision invalidating the election I don't see them doing that.
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