Posted on 01/02/2021 9:45:55 PM PST by E. Pluribus Unum
As thousands of Trump supporters prepare to descend upon the Capitol this coming week amid a presidential election they are contesting, there is a mass of confusion and conflicting information about what happens next.
You may have heard that a growing list of Republican members of the House and Senate have pledged to object to the electoral count of some states during Wednesday's joint session of Congress.
Most analysts have said such objections, in practical terms, amount to nothing because while they can trigger debates lasting up to two hours, it would take a majority in both the House and Senate to reject the state results naming Joe Biden the next president of the United States.
There are other less discussed and, some insist, less likely scenarios. Some of them are examined in a legal analysis by John Yoo and Robert Delahunty. Published in October, about two weeks before the presidential election, it plays out multiple scenarios including under circumstances like the ones we face today. It is titled "What Happens if No One Wins? The Constitution provides for election crises—and its provisions favor Trump."
Here are some applicable excerpts from the analysis.
"Suppose states send electoral votes that—even if certified by the governor—remain under question, whether because of fraud in the vote, inability to count the ballots accurately under neutral rules, or a dispute between branches of a state government...
...Vice President Pence would decide between competing slates of electors...
...If the electoral count remains uncertain enough to deprive either Trump or Biden of a majority in the Electoral College, then the 12th Amendment orders that “the House of Representatives shall choose immediately, by ballot, the President...
...If today’s House chose the president, voting by state delegations, Trump would win handily."
John Yoo and Robert Delahunty, Oct. 19, 2020
(Excerpt) Read more at sharylattkisson.com ...
DesertRhino wrote: “If Pence does this, he will be one of the greats in American history, and I for one will be very proud to be wrong in my estimation of him.”
So, you think it’s a good idea to establish a precedent where the sitting VP gets to choose the next President? Seems like there might be a bit of a problem with that. How would you like Harris to have that kind of power?
Watch Sharyl host "Full Measure," a Sunday morning talk show on the Sinclair network. More info.
Her newest book Slanted is available now along with her book Smear which has a Five Star rating.
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Me too
Since COVID is the trigger for extraordinary Election Day, it must also serve as a trigger to delay Inauguration Day. It only makes sense. (Not that leftist thugs and their sheep are interested sense.)
I think that all states’ elections should be challenged. My bro lives in NY. He said that the counting abruptly stopped there at the same time it stopped in the swing states but it hasn’t been mentioned. Many there believe Trump had a chance there, too.
“the media is going to play it up to the point his family
will be targets.”
It didn’t stop the Founding Fathers from doing the right thing.
Excellent post!
Chief Justice Roberts has said he is motivated only by political violence. He is afraid of riots if he does not align with Antifa.
We cannot show weakness. On January 6, when the votes are counted, it will help to have a show of strength with 100,000s of patriots descending on Washington — possibly occupying the House and Senate office buildings, the Capital and the SCOTUS building.
The politicians must fear the good guys as much as they fear the villains.
Read the Constitution. Pence has no power to decide. In case of dispute, Congress decides, and Trump doesn’t have enough friends there.
You raise an interesting point, but it seems to me that if Trump gets a second term, he'll make a (successful) push to clean up voting procedures for federal office, and with those reforms in place, there would be no future fraudulent federal elections, and therefore, no need for a future VP to "choose" a president.
You need to rethink that.
Salvey wrote: “You raise an interesting point, but it seems to me that if Trump gets a second term, he’ll make a (successful) push to clean up voting procedures for federal office, and with those reforms in place, there would be no future fraudulent federal elections, and therefore, no need for a future VP to “choose” a president.”
Suppose Trump were to pull this off and get a second term. Now consider the opposition Trump faced in his first term.
What makes you think Trump would be able to do anything with respect to election reform?
The debate myst be overwhelmingly conclusive that there was fraud leaving no doubt whereby good people from both parties will do the right thing.
Prove me wrong with the relevant section of the Constitution.
I have yet to be shown where the word “can’t” is in that part of the Constitution concerning the VP’s role here.
Here’s the relevant section of the Constitution
https://www.archives.gov/founding-docs/constitution-transcript#toc-article-ii—2
And relevant Amendment
https://www.archives.gov/founding-docs/amendments-11-27#toc-amendment-xii
“the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.”
Pence just opens the envelopes, he has no role in adjudicating anything.
Stop listening to blog pimps and read the Constitution.
You still have not shown me where it says “shall not” anywhere.
I’ve pointed you at the relevant sections of the Constitution. I’ve even copied the relevant piece of the 12th Amendment.
If you’re unwilling or unable to read, it’s not my problem. Bye, I’m done with you. Believe what you want.
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