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To: Hostage

No. But the 12th Amendment says the VP shall read and tally the electoral votes.


43 posted on 01/06/2021 7:17:30 PM PST by doug from upland (Why the hell isn't Hillary Rodham Clinton in prison yet?)
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To: doug from upland; All

There’s more to it.

Former Chief Appellate Judge and now longtime Congressman and conservative stalwart Louis Gohmert resurrected the wrongful 1876 statute that constrained the VP role as Senate President in confirming Electors.

That 1876 statute was long known to be unconstitutional but never challenged because since the Civil War, there was never such fraud as Americans witnessed this past year. In other words, nobody bothered to try and make it constitutional because it was never used after. It was an artifact of the Civil War and that war although ended militarily in 1865, was still fought politically to 1876. So the 1876 statute was a one-off and was unconstitutional with no one interested in cleaning it up because its context was gone with the wind so to speak.

Given the blatant fraud we have witnessed, Judge Gohmert filed a lawsuit and was on track to get a clear decision to strike down that 1876 statute as unconstitutional. There really wasn’t much to argue, it was clearly unconstitutional as everyone knew.

Judge Gohmert wanted to get it stricken so that Pence could feel no controversy in kicking fraudulent Electors back to their state legislatures for affirmation. Scores of state legislators wrote letters of urgent concern to Pence pleading for a little more time so they cold finish their review of he massive fraud and vote on whether to affirm or rescind. Under Article II of the Constitution, the state legislatures have this power and no one else can bind them as to what they must do.

But Pence moved to dismiss the Gohmert lawsuit. There was no reason for him to do this other than he was part of the cabal mindset to terminate Trump by ignoring fraud. Go with the status quo.

Given that Pence’s Chief of Staff and assistants are Never-Trumpers, it brings Pence into focus as ignoring outcome-determinate fraud in the election. All he had to do is to send certain elector envelopes back to those legislatures requesting them. And he didn’t do that. Many prominent persons come right out and say “he is a traitor”.


47 posted on 01/06/2021 9:14:33 PM PST by Hostage (Article V)
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