I should point this out bc many groyper generals and MAGA at large seem to have not heard what can go down on the 6th. The Senate (outside of one senator) is not necessary for either of the two paths for President Trump in Congress. https://twitter.com/nickjfuentes/status/1345129706618822657
There are two paths:
1) 1 sen and 1 rep obeject-
Hawley + Brooks (+ other reps) object, resulting in debates for a) all the slates together b) each state slate and/or c) each INDIVIDUAL elector, potentially resulting in 150+ hrs of mandatory debate—well past Jan 20.
1) 1 sen and 1 rep obeject-
Hawley + Brooks (+ other reps) object, resulting in debates for a) all the slates together b) each state slate and/or c) each INDIVIDUAL elector, potentially resulting in 150+ hrs of mandatory debate—well past Jan 20.
Such debates alone could trigger the 12A where state delegations elect Trump: 28 rep to 21 dem to 1 split.
If not, a vote to object to the slates will occur separately in the House and Senate. The House is dem and will not *directly* vote to object—put a pin in that for now.
If not, a vote to object to the slates will occur separately in the House and Senate. The House is dem and will not *directly* vote to object—put a pin in that for now.
The Senate will likely not vote to object to the slates and no one can reasonably bank on Senate rinos.
Coming back to the house, there has been talk of republican efforts to vote by delegations similar to what is described in the 12A. Dems will object as will the speaker, Pelosi, but Nancy does not preside.
Vice President Pence is the presiding officer over the *JOINT* session of Congress and can settle the dispute on voting rules as he sees fit. The objection to the 70+ electors throws the election to the House and Trump wins 28-21.
2)Pence Card-
Pence is the ULTIMATE authority when it comes to counting electors. While it’s dubious at best as to whether he may outright choose the Trump electors, he may certainly refuse to count the Biden electors.
Pence is the ULTIMATE authority when it comes to counting electors. While it’s dubious at best as to whether he may outright choose the Trump electors, he may certainly refuse to count the Biden electors.
The language of 12A vests the counting power in the presiding officer, Pence, and says that he “shall” count the vote.
“Shall” is not an imperative, he does not have to count anything. The amendment does not say “will” or “must” which would compell him.
“Shall” is not an imperative, he does not have to count anything. The amendment does not say “will” or “must” which would compell him.
SCOTUS just indirectly upheld this reading in the Texas case. In cases of Original Jurisdiction—like the Texas one—the SC “shall” hear the case. Just last month, they refused, meaning that, by SCOTUS’s own authority, Pence is not obliged to count any vote he deems unfit.
If Pence does not count the votes, expect a lawsuit frenzy from the democrats. The courts may well look past the legal attempts to strip Pence of his power as they ignored the Texas case—who knows?
In a successful refusal to count, as authorized by the 12A, the election will be thrown to the House where Trump wins.
(Side note: a majority of the votes counted, 232-22_, may be sufficient for victory, but Trump doesn’t need that to win—and dems wouldn’t let that happen)
(Side note: a majority of the votes counted, 232-22_, may be sufficient for victory, but Trump doesn’t need that to win—and dems wouldn’t let that happen)
Conclusion: Neither path is certain, neither path is entirely untried. In fact elections were often decided in the House pre 1900s because of such disputes.
Pence also has the discretion to allow objections before or after counting which may compound the debates and legal battles and draw the election into February or March. We could be in for a looooong and wild ride OR it could be over on the 6th.
I hope this makes more obvious the paths that the Admin is considering and convinces many of you who have given in that our fight is not over (regardless of Senate RINOs
).
