Posted on 01/04/2021 4:26:37 AM PST by karpov
So … what part of the word “conclusive” is unclear?
Josh Hawley and Ted Cruz are erudite constitutional law scholars. They are former Supreme Court clerks, each becoming a top government lawyer in his state: Hawley as Missouri’s attorney general, Cruz as Texas’s solicitor general. Yet they are leading a cabal of Republican senators in a farce that, if Democrats tried it, would be decried by conservative constitutionalists as the ultimate Swamp usurpation of state sovereignty.
They propose an “Electoral Commission” that would audit the election results in select states, chosen out of careful partisan calculation. It is a lawless gambit, blithely flouting an unambiguous command of federal election law: specifically, the so-called safe-harbor provision.
That statute, Section 5 (of Title 3, U.S. Code), controls whenever any state, under its laws, makes a “final determination of any controversy or contest concerning the appointment of … electors … by judicial or other methods or procedures.” As long as “such determination” by the state is made at least six days before the time fixed for the Electoral College vote, then it “shall be conclusive” as far as the federal government is concerned. Case closed.
This year, December 14 was the date fixed under the federal statutory formula for the Electoral College vote in each state. Ergo, if the states, under their laws, determined any disputes by December 8, that determination is conclusive as a matter of federal law. Under Section 5, the state’s resolution “shall govern in the counting of electoral votes” by Congress on January 6 — this coming Wednesday.
The states certified their election results under their laws prior to December 8. These include Pennsylvania, Michigan, Wisconsin, Georgia, and Arizona — states whose popular-election results have been targeted by President Trump and his supporters.
(Excerpt) Read more at nationalreview.com ...
Why is National review crap allowed to be posted here?
Criminal judges backing criminal theft of an election doesn’t make the election legitimate. Just means there are more traitors to arrest than we knew a few weeks ago.
Unfortunately, I don’t see any of that happening this week.
Why should Congress follow the law? The courts no longer do so in a reliable manner, and to ratify an obviously corrupt and stolen election as somehow lawful makes a mockery of the rule of law as anything more than a way to ratify control of stolen property.
No remedy for clear, obvious cheating.
USA, RIP
I’m curious when NRO sold out.
I think it was when they had that lady editor who was so smitten with Romney she wrote articles thinking with her girl parts, instead of her brain.
Then, as pseudo intellectuals, they’ve been unable to admit their error, so they keep repeating the same garbage.
I disagree with McCarthy. He claims 3 USC Section 5 prevents Congress from examining the legitimacy of electors, that it is “conclusive.”
A congress from the past can’t pass a law reaching forward into the future and bind a future congress in exercising its constitutional functions. That’s what 3 USC Section 5 does.
The only thing the Constitution allows past congresses to do is to “determine the time of choosing the electors, and the day on which they shall give their votes.”
So the Demons all across the country can cheat every election since there is no way to stop them? No thanks, McCarthy.
Since you must have studied all of the cases please share which one of those allowed evidence to be introduced and allowed that evidence to be tested? Or were all of the cases blocked via procedural hurdles.
What? Clear proof that the votes were changed during the night by Dominion, taking hundreds of thousands of votes away from Trump and adding tens of thousands to Biden? What world do you live in?
This was a true case of treason at the highest level. Trump vote totals were reduced in REAL time, and Biden votes INCREASED! This is how Chavez and Maduro stay in power in Venezuela (Dominion was developed there). Grow a brain. Once the dems have thrown this election, we can never win another election, just like Venezuela.
This is pretty rich, coming from McCarthy.
Disinfo.
When was the last time a commission resolved anything? This is just another Cruz opportunistic ploy. There are mountains of fraud evidence already put out there. We do not need a commission. We need the Congress to overturn the fraudulent election.
Hes a NEVER TRUMPER.....are you ALSO? You are kind of new so....tell us.
Believe me, Cruz knows that, but this allows him to proclaim, and appear to some, that he "fought" against the election steal, while actually doing nothing.
Look for him to throw his hat in the ring for 2024.
Everything Ted Cruz is calculated for his self gain. Which is why I would never trust him to be President.
I voted for Trump, which disqualifies me from being a NeverTrumper.
they are leading a cabal of Republican senators in a farce that, if Democrats tried it, would be decried by conservative constitutionalists as the ultimate Swamp usurpation of state sovereignty.
I agree with McCarthy. Trump’s lawsuits, often heard by judges appointed by Republicans, failed.
Republicans? The coup and now election steal is provably bipartisan in nature. We have a sitting “Republican” who voted to impeach POTUS based on a Democrat hoax. We have sitting Republican Senate committee chairman who didn’t even vote for POTUS in 2016. We have another sitting Republican Senate chairman who campaigned for a progressive Democrat to replace Sessions. Then Obamacare repeal failed by ONE vote.
You want more examples of the bipartisan nature of the coup? I’ve got plenty.
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