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.
Pence is counting the votes tallied by the Electoral College. Those are the only ones, by law, he can count.
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And again, the question here is about conflicting votes.
Example: EC voter ABC from GA first voted for biden, but has since voted for Trump. The new vote was transmitted to the feds by Jan 4.
Assuming the congress doesn't have a majority of votes to toss the contested vote....which ONE does Pence count?
Republican electors going on the steps this month and voting for Trump meant nothing
Can I take that to the bank? I mean, you seem soooooo knowledgeable.
Pence does not have the power to unilaterally discard certified votes sent by one or more states.
Someone posted the US law on this yesterday and it was crystal clear on what the process is.
ONLY the House AND Senate, if they both agree (which will obviously never, ever happen), after written objection of at least 1 Senator and 1 Congressman, can “overturn” a slate of certified electors for a state and choose an alternate slate of electors.
Repeat: Pence does NOT have the power to discard votes or “choose” alternate electors, UNLESS there are two different sets of electors CERTIFIED by a particular state. And to date, we have precisely zero of those - and will likely still have zero of those on 1/6.
That’s not giving up or being a downer - that’s simply reality.
Every MAGA deplorable supporter of Trump would vote for him in a heartbeat.
They can send a dozen set of electors if they want. According to law, and absent a successful challenge, only those electors submitted by the Electoral College will be counted.
I pray that Pence does everything within his Constitutional powers to deny BiteMe’s Electors from the five or six contested states.
Should he seize this moment on January 6th, Pence will go down in history as the patriotic man who took action to literally save our Republic from certain demise!!!
Let me go out further on a limb..there will be NO State Legislature that will agree to send a competing set of electors.
This is all for show as someone just pointed out.
I think it would be valid to say that if the Supreme Court, or rather justices on the Court, had already ruled that states should not accept ballots after election day, that could be sufficient grounds for rejecting states that violated that order. Additionally, in some states the executive or judicial branches circumvented the state legislatures illegally. That also should be sufficient grounds. In this case, the Vice President would adjudicate and effectively say, “The buck stops here.” If all other checks and balances have failed thus far to do their intended job, this is one more check to fall back on.
Yes take it to the bank. And we will see if you apologize to me..so far I have been spot on.
Compare when Lincoln was reelected in 1864, any electoral votes of the Confederate States were ignored.
"As the Civil War was still raging, no electoral votes were counted from any of the eleven southern states that had joined the Confederate States of America." —1864 United States presidential election.
Also, before patriots go to DC for January 6 protest, please consider participating in the following. It's a White House petition to help keep Trump in Oval Office.
I believe Pence has enough backbone.
No. The state (R) legislatures can still send a different slate of electors to the feds by Jan 4th. They have the authority, they just need to the will and the only way they find that will is if their constituents hound them until they do the right thing. We're seeing some growing movement along these lines.
Once the votes get to the Senate, does any court have “standing” to intervene?
Here’s another theory. What if President Trump invokes the Insurrection act specifically regarding the illegal election fraud from those contested states.
At that point in time, constitutionally, the president has the authority to order the House and Senate to disregard all illegal EC votes from contested states.
Free Republic has been aggressively infiltrated with democrat / socialist / communist trolls.
Just sayin’.
Fortunately,the states aren’t counting votes. Pence is.
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... diversity protected by the electoral college will crushed.
Yes
And none of them will do that unless the courts invalidate the election first. So far they haven't been willing to do that.
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The courts have no role in that. People need to stop thinking the only remedy are the courts.
The state legislatures have the authority.
Jan 4 Is Statutory Deadline For Electoral College Meeting – NOT Dec 14
I’m no Constitutional scholar, but it seems to me that have have Checks and Balances.
Executive Branch
Legislative Branch
Judicial Branch
States
They each have a sphere in which they have power. But no piece has dictatorial power and each piece can be blocked by another piece.
The VP is part of the Executive Branch and also President of the Senatorial piece of the Legislative Branch. He is not a puppet. On the contrary, he is a substantial figure within the government under certain circumstances.
The States are certifying fraudulent votes. I certainly think it is appropriate for the President of the Senate to raise a hand and say, “I do not accept these votes”.
I think it is a serious miscalculation for anyone to say “He can’t do that. He has to accept them.” No. Pence has the power to Check. He provides the function of balance.
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