Legal analysis published in October finds today's scenario favors Trump victory

Sharyl Attkisson ^ | JANUARY 2, 2021 | SHARYL ATTKISSON

[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

[rolling_stone]

courage under pressure to do the right thing separate's heroes from zeroes...history will show what should have been done as well as what was done. I hope and pray for the best..his, finest hour.

[bricklayer]

Don’t go away mad, Gorthaur.

[No.6]

> It is so important to get this right: the Legislatures DID NOT send alternative slates

If you’re going to go there, MI legislators didn’t send anyone. The Capitol was barred to not only Trump electors but the MI legislators. The governor and SoS sent Biden electors.

In the other states legislators were kept from acting. No point pretending the Biden group are the real or legit electors.

[No.6]

> 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?

You’re saying, “Let’s not defend the country against the destruction of its election and the takeover by fraud of the CCP.”

??!??!!!

If there’s bad precedent being set, our team didn’t do it.

[elenvee]

The uniparty and the CCP have conspired to install a puppet president who will move us swiftly toward a global socialist oligarchy and you’re worried about setting a bad precedent?!

[HotHunt]

Thanks for that correction.

I have read the scenario where neither the "certified" Biden electors from the contested states nor the Trump electors from those same states are counted and Trump still prevails with a total count for the rest of the states of something like 232 for Trump and 222 for Biden.

IOW, with the "steal" taken out of the equation completely, Trump still wins. If his alternative electors in those contested states are counted, he wins by a bigger margin.

There is no way the framers of the constitution wanted a candidate to prevail who got there by some states not following the constitutional requirements in their elections.

So however the count is handled on January 6th such that those "illegal" electors, certified or not, are not included in the mix, Trump should still legally prevail.

[nwrep]

Read the Constitution. Pence has no power to decide. In case of dispute, Congress decides, and Trump doesn’t have enough friends there.

Please don't contaminate this thick soup of fantasy theories with the unwelcome astringent taste of logic and reason.

[pookie18]

Thanks, TM!

[Chgogal]

January 6, 2021 Bookmark.

[sport]

I do. The Chinese, The Iranians, and the North Koreans if they want it. The Globalists, the muslims. The short list is everybody except Americans. And the transgenders, the tramssexuals, the tranaxles , the feminists, the homosexuals,the cross dressers, and every other pervert and degenerate will run it.

[romanesq]

“Chief Justice Roberts has said he is motivated only by political violence.”

Did he say that to you or on TV?

[DugwayDuke]

No.6 wrote: “If there’s bad precedent being set, our team didn’t do it.”

But, you will have to live with the precedents you set. Think VP Harris picking the next president.

[DugwayDuke]

elenvee wrote: “The uniparty and the CCP have conspired to install a puppet president who will move us swiftly toward a global socialist oligarchy and you’re worried about setting a bad precedent?!”

Yes, we will get past this. We’ve been bombarded with hyperbolic forecasts of the future in the past. We do not need to burn the Constitution.
We fight this by keeping the senate in 2020, taking the house in 2022, and winning the white house in 2024. Then we enact comprehensive election reforms.

[Family Guy]

We fight this by keeping the senate in 2020, taking the house in 2022, and winning the white house in 2024. Then we enact comprehensive election reforms.

We won the white house in 2020. What do you think will be different in 2024, or even during the current Senate runoff in GA?

[The Westerner]

You sound like my dad, an inductee into the Third Army who survived Christmas ‘45 with some stars. “When there's a job to be done, just do it!”Often shamed us by rolling up his tailored white shirt and doing all the damn dishes himself. That kind of matter of fact exasperation with us kids followed by action was a lesson in character. After 4 years watching General Don Trump did I understand where my dad picked it up: from his CO George Patton. Trump is cut from that kind military cloth and mind. At last, I get my dad!

[SamAdams76]

Mike Pence. He truly is in a unique position this week. He can choose to be a historical figure that will be in history books 200 years from now. Or he can go down in history as just another mediocrity who happened to be a vice president.

So he can be just another Spiro Agnew or Walter Mondale. Or he can be one of the great historical figures of American history.

We will know by next week at this time.

[No.6]

Thanks for outing yourself as a liar for the uniparty.

Anyone who can dismiss the massive fraud both manual and electronic and pretend “we’ll get em next time” as if there will be a fair election is gaslighting us.

You can’t bury the knowledge everyone now has — not only this one but who knows how many past elections were orchestrated. This one was just so massive that it became obvious. Now the uniparty is trying to make a whole country forget.

[DugwayDuke]

Family Guy wrote: “We won the white house in 2020. What do you think will be different in 2024, or even during the current Senate runoff in GA?”

I know what will be different once we set the precedent of allowing the VP to choose the next President. I can’t believe conservatives are actually supporting that nonsense.

[elenvee]

“...keeping the senate in 2020, taking the house in 2022, and winning the white house in 2024.”

How? You really think the dems are not going to do this next time? Ludicrously naive.

[DugwayDuke]

No.6 wrote: “Thanks for outing yourself as a liar for the uniparty.”

So now ones defense of the Constitution makes them a ‘liar for the uniparty’?