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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

Rudy Giuliani said they are close to getting the votes so hoping he’s not premature/incorrect.

The pressure is building everywhere.

I called Georgia governor Kemp’s office to lay into that creep and demand a Special Session.

I have a list and will be calling daily including US Senators.
Then I’m writing letters too.

So, we’re going to shove this Rat election fraud up their asses first then the Demonrats too.


201 posted on 12/22/2020 5:55:24 PM PST by romanesq (TRUSTY THE PLAN! So ChiCom Joe is the Plan? Que magnificent! /s 👹)
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To: RummyChick

It would do you well to get over yourself.


202 posted on 12/22/2020 5:55:32 PM PST by bricklayer
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To: bricklayer

Nope. That poster is always heckling me that I dont know what I am talking about when it comes to these lawsuits.

And yet, still no link where I have been wrong in my prediction

Maybe one is coming up with the Arizona vote.

We will see.

If you are going to heckle me then you should at least be factual.


203 posted on 12/22/2020 5:57:50 PM PST by RummyChick (I BLAME KUSHNER)
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To: DoodleDawg
There is only one person assigned under statute to preside over this meeting. One. Show me otherwise. You seem to want to say that this is a senatorial function. The only senate function in this is assigned to the President of the Senate. The joint session is to take place in the House of Representatives. How do you figure that Senate rules come into play? Who gavels this joint session in to order?

3 U.S. Code § 15:

Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o’clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section 6 of this title from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section 5 of this title to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its law; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of.

204 posted on 12/22/2020 5:59:05 PM PST by BlackbirdSST (If your home doesn't reek of Hoppe's, you ain't paying attention.)
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To: CodeToad

No... they have to meet in session and certify them. What was done the other day was all smoke...


205 posted on 12/22/2020 5:59:27 PM PST by Ingtar
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To: Ingtar

There is an interesting point that I don’t have the answer to and am not going to spend time to figure out

If they hadn’t done that PR stunt of casting the competing vote would it make a difference if and when the Legislature authorized a competing set of electors.

In other words, was it truly just for show and razmataz or does it really make a procedural difference. Oh, I know they claim it does...but I am not convinced the claim wasn’t part of the razmataz.


206 posted on 12/22/2020 6:08:08 PM PST by RummyChick (I BLAME KUSHNER)
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To: RummyChick; hoosiermama
This brings in Dr. Franklin’s “uncharted waters” discussion as it pertains to competing set of electors... He has opined on this several times.

Yes, a slate certified and appointed by the legislature will trump one certified by governor per the Twelfth Amendment, and it was also not the factual situation anticipated by the statutory scheme. However, if VPOUTS as President of the Senate chooses to only recognize one set of electors, i.e., Trump's, it very well may not count as disputed competing slates of electors under the statute. The pro-Biden members would then need to object to Trump's electors, win that motion by a vote in both houses of Congress just to disallow them, and then need to go to court to try to compel recognition of Biden's. If enough electors are neutralized that way, Trump wins either because he has more electors than Biden, or by the contingent vote in the House per the Twelfth Amendment.
207 posted on 12/22/2020 6:20:49 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: DoodleDawg

I am assuming you do not have inside knowledge of what the state electors might be planning. And neither do I.

If we arrest and jail a shoplifter stealing a candy bar,
I do not believe state electors will let Kamala/sleepy Joe steal the highest office in land.


208 posted on 12/22/2020 6:25:17 PM PST by entropy12 (Those who vote decide nothing, those who count votes decide everything--Joseph Stalin)
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To: BlackbirdSST; DoodleDawg
There is only one person assigned under statute to preside over this meeting...

So you're saying the presiding officer makes the decision for the entire body?

Does that mean whomever Peolsi appoints as the presiding officer in the House on a given day has the full power of the House?

209 posted on 12/22/2020 6:26:09 PM PST by semimojo
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To: bigbob

Well, every challenge has been lost.


210 posted on 12/22/2020 6:26:13 PM PST by Fido969 (,i.)
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To: Dr. Franklin

I truly would like to see this play out.

It will be fascinating.

And it will provide opportunities for many a Constitutional Lawyer to opine on TV and in print and on Twitter. LOLOL


211 posted on 12/22/2020 6:28:27 PM PST by RummyChick (I BLAME KUSHNER)
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To: DoodleDawg; bricklayer
I did find this footnote @CRS...

In January, 1969, Vice President Humphrey “declined to preside over the joint session to count the electoral vote.

I haven't the time this evening to fish it out.

212 posted on 12/22/2020 6:28:46 PM PST by BlackbirdSST (If your home doesn't reek of Hoppe's, you ain't paying attention.)
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To: semimojo
So you're saying the presiding officer makes the decision for the entire body?

The statues assign the presiding officer, President of the Senate, that would be VP Pence. In a later post I noted in 1969 Vice President Humphrey “declined to preside over the joint session to count the electoral vote.

I haven't looked for the remedy. I'm out of time.

213 posted on 12/22/2020 6:37:10 PM PST by BlackbirdSST (If your home doesn't reek of Hoppe's, you ain't paying attention.)
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To: Dr. Franklin

“a slate certified and appointed by the legislature will trump one certified by governor per the Twelfth Amendment,”

Only if the pertinent Congressional House decide so.
It is totally their decision.


214 posted on 12/22/2020 6:40:55 PM PST by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: DoodleDawg

That certainly happened at least once. After Van Buren was elected President in 1836, he “retired” from his duties as Vice President. The President pro tem presided over not only the count, but the ensuing contingent election for Vice President. The Democrat candidate Richard Mentor Johnson, won the Senate vote handily, so Van Biden’s vote was not needed.


215 posted on 12/22/2020 6:44:57 PM PST by The Pack Knight
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To: RummyChick
And it will provide opportunities for many a Constitutional Lawyer to opine on TV and in print and on Twitter. LOLOL

Well the Twelfth Amendment was proposed in 1803, and ratified in 1804. Like much of our Constitution, is is dated, and doesn't correspond perfectly to modern practice. We have statutes, but being a common law jurisdiction, we rely upon judges to fill in the gaps. Opinions are like belly buttons. Everyone has one.

Should Pence execute this strategy, it will be curious to watch SCOTUS and CJ Roberts. Dick Morris said that SCOTUS is hiding under its desk on Trump's certiorari petitions. If Roberts suddenly expedites hearing complaints about VPOTUS's handling of the count, it would be damning of Roberts's politics.
216 posted on 12/22/2020 6:53:35 PM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: nwrep
Just wondering - were they determined to be fraudulent via a court order?

No court has elected to hear any evidence from anyone, therein lies the rub. They claim no one has standing in their court. When the Courts are corrupt and they are, there is little recourse because the innocent become the guilty.

217 posted on 12/22/2020 6:54:22 PM PST by itsahoot (The ability to read auto correct is necessary to read my posts understanding them is another matter.)
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To: mrsmith

So what is your understanding of what will happen should at least one state send a competing slate of Electors?

It sounds like you believe this goes nowhere because Congress will end up agreeing to boot Trump.

If so, does your opinion change if more than one State Legislature decides to send a competing slate of electors?


218 posted on 12/22/2020 6:54:38 PM PST by RummyChick (I BLAME KUSHNER)
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To: DoodleDawg
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.

A hearing of the Georgia State Senate Judiciary Committee just issued a report today saying that the Kemp certification shouldn't stand.

GA SOS Raffensberger is testifying before a Georgia House committee tomorrow.

Lot's of similar stuff occurring in the Arizona legislatures.

Chances are getting better and not worse in at least those two state legislatures for them to issue new slates.

If anything happens, this is how it will happen.

219 posted on 12/22/2020 6:55:28 PM PST by FreeReign
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To: RummyChick

Pence will read the competing legislative Electors’.
What happens after that is up to the Congressional House.

No matter how many instances.

I hope Trump Electors are supported by evidence and the Congress accedes.
The media will fight tooth and nail to convince people otherwise though.


220 posted on 12/22/2020 7:08:02 PM PST by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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