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.
Is this the one House member per State gets a vote situation? My mind is not remembering when that particular situation kicks in. THere was some deal where Trump could win the House because of the way the vote is structured.
In the House they vote as a group by state.,
Most are Republican.
Ahh, thanks...
I would love to see this play out.
The stress it would cause Congress will be amazing to watch.
A bunch of grifters (yeah, I am jaded)
Yeah, would love to see those hams put to the test.
Voting without cover from the media.
To a weak argument.
Yes, one person. Only one. A single person. Solo. The President of the Senate.
Hey, wait a minute! I have an idea! By your logic then if Pence refuses to show up on January 6th then there is no President of the Senate and they can't count the votes! If they can't count the votes then there isn't a winner and under the 12th Amendment then Congress chooses the president. Why didn't anyone think of this before? </sarcasm>
The presiding officer will fill the role in the manner outlined by law and by Senate rules and procedures.
Does that mean whomever Peolsi appoints as the presiding officer in the House on a given day has the full power of the House?
Depends. Full power to do what?
You be sure to let me know when they do.
Here s what Pence has to do -
1. On 12/23 (the 4th Wednesday) Pence sends notice to the states stating he rejects the unlawful Electoral College certificates for byedone, and they must send a new lawful slate of electors by 1/6/21.
On 1/6/21, if lawful EC cert are not received, or if they still send the same old unlawful EC cert that Pence will reject, then those states votes will not count.
Whether all the newly submitted cert are rejected or some or all are for Trump, Trump will win -
If all 6 states EC are discarded, Trump will have 232 and byedone 227 (In this case no need 270 votes) Trump wins.
If some states sent Trump EV Trump will win.
They did Swift Eagle. In 1969. I haven't taken the time to find the results. I will.
Don't bother. Hubert Humphrey did not act as President of the Senate in January 1869 when the Electoral votes were counted - supposedly he was attending a funeral - and somehow, amazingly, those votes were counted without him and Richard Nixon was named president elect. How could that happen without the sitting Vice President there? You suppose Nixon really wasn't president, Swift Eagle? Or did the President Pro Tempore act as President of the Senate?
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.
***************
Here’s a recent report (updated December 8, 2020) from Congressional Research Service that reviews challenges to the validity of electoral votes.
https://fas.org/sgp/crs/misc/RL32717.pdf
Under §18, the President of the Senate is the presiding officer and his function is to preserve order, which encompasses the authority to decide questions of order. But at the same time the report notes that “the statute is not explicit on this point”.
My understanding is that tellers record and count the electoral votes. When this process has been completed, the presiding officer announces whether any candidates have received the required majority votes for President and Vice President.
Since both chambers consider any objections that are raised it doesn’t appear that Pence would be sole arbiter of the legitimacy of votes. But, on the other hand, Gore’s actions in 2001 (see page 5) are particularly interesting and would seem to give Pence some latitude to influence the counting process.
In this case the analog would be recording his own count of votes on a bill rather than those of the members.
Yes.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.