John R. Houk, Blog Editor
© December 27, 2020
On January 6, 2021Vice President Mike Pence apparently can unilaterally
save the Republic by
invalidating criminally acquired Electoral votes or do
nothing insuring the destruction of the Republican Party. Unless
President Trump has an alternative plan to overrule a criminal election coup,
Pence inaction on 1/6 solidified a Biden/Harris path to a 1/20 Dem-Marxist Inauguration.
It is my opinion – my hope – such a 1/20 travesty will lead to an
armed rebellion making the Antifa/BLM Marxist paramilitary look like an amateur
hour.
If the Republic miraculously survives a Biden/Harris
Inauguration, a new Patriot-friendly political will emerge to replace Deep
State infected Republicans. Just as the national landscape of the Whig Party
disintegrated
over the issue of slavery, the Republican
Party will disappear because American Patriots want nothing to do
with a corrupt government ran by criminals and do-nothing Republicans.
So, Pence, do we prolong a Republican Party under a Trump
second term or do Patriots start looking for name options for a new relevant
Political Party?
JRH 12/27/20
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It's for Mike Pence to Judge whether a Presidential
Election Was Held at All
By Ted Noel
December 26, 2020
On January 6, a joint session of Congress will open with
Vice President Pence presiding as president of the Senate. His power
will be plenary and unappealable. You heard that
right. As president of the Senate, every objection comes directly to
him, and he can rule any objection "out of order" or
"denied." His task will be to fulfill his oath of office
to protect and defend the Constitution of the United States and to ensure that
the laws be faithfully executed. This is a high standard of
performance, and V.P. Pence will have two choices. He can roll over
on "certified" electors, or he can uphold the law.
Article II, Section 1 of the Constitution gives state
legislatures "plenary authority" as enunciated in Bush v.
Gore. This is key, since the counting of votes is discussed in
Article II, the 12th Amendment, and 3 USC 15. To this we must add
the history of counting and objections recounted by Alexander Macris (here and here). Put
bluntly, it's as clear as mud. Add to that the fact that the
contested states of Arizona, Georgia, Michigan, New Mexico, Nevada,
Pennsylvania, and Wisconsin have sent dueling slates of electors to
D.C. This means that the V.P. has to decide how he will handle the
situation when two sealed envelopes are handed to him from any of those states.
Macris points
out that in 1800, even with constitutional
deficiencies in Georgia, Thomas Jefferson blithely counted defective
electoral votes from Georgia, effectively voting himself into the
presidency. This demonstrates that the president of the Senate is
the final authority on any motions or objections during the
vote-counting. There is no appeal. That doesn't mean there
won't be any outrage. Whatever Pence does, people will be
angry. But what does the law demand?
Seven contested states clearly violated their own
laws. Rather than list the facts, which have been detailed in
multiple articles, we must consider the following:
An election is a process of counting votes for candidates.
Only valid, lawful votes may be counted. A valid lawful vote is:
·
Cast by an eligible, properly registered elector
as prescribed by laws enacted by the state Legislature.
·
Cast in a timely manner, as prescribed by laws
enacted by the state Legislature.
·
Cast in a proper form as prescribed by laws
enacted by the state Legislature.
Any process that does not follow these rules is not
an election. Anything that proceeds from it cannot be regarded
as having any lawful import.
Most commentators suggest that a process of collecting
pieces of paper with marks on them is an election regardless of errors,
omissions, and even deliberate malfeasance. This is a
mistake. Imagine a golf tournament where every bad shot by one
player gets a do-over, but the competing player has to follow USGA rules in
detail. One player gets to drop freely out of hazards, but the other
has to tackle every embedded ball as it lies. The result is a
travesty.
The same thing applies to elections. If there are
a handful of improper votes, we can suggest that there was in fact an election,
perhaps tainted, but the election wasn't materially harmed. But when
the people charged with managing the election decide to ignore the law,
whatever process they supervise is not the process defined by the
law. Therefore, it is not an election.
This leaves V.P. Pence with a dilemma. He is a
gentleman who regards our governmental traditions with a degree of reverence,
so he will be reluctant to take any bold action. But as an honorable
man, faced with massive illegality, he must act to protect the
law. Consider how things might go down as the two closed envelopes
from Georgia are handed to the V.P. Rather than opening them, he
says:
In my hand are envelopes purporting to contain electoral
votes from Georgia. They are competing for consideration, so it is
essential that I consider the law that governs this. That law,
according to the Legislature of Georgia and Article II, Section 1 of the U.S.
Constitution is the Georgia statute that includes procedures for
signature-matching on absentee ballots, a requirement that all absentee ballots
be first requested by a legitimate voter, and that election monitors be
meaningfully present at all times while votes were counted.
The Georgia secretary of state, who is not empowered by
the U.S. Constitution to make changes to election law, entered into a Consent
Decree that gutted these protections enacted by the Georgia
Legislature. The processes that he prescribed and were ultimately
followed were manifestly contrary to that law. Further, the State of
Georgia, in unprecedented concert with other states, suspended counting of
ballots in the middle of the night, covering its conspiracy with a false claim
of a "water main break." We now know from surveillance
video that many thousands of "ballots" were counted unlawfully in the
absence of legally required observers.
Finally, the State of Georgia, under the authority of
secretary of state Brad Raffensperger, a non-legislative actor, used fatally
flawed Dominion voting machines that have been demonstrated to be
unreliable. In testing, the error rate of Dominion machines has
exceeded 60%, far in excess of legal limits. They are designed to
facilitate fraud without creating the legally required paper
trail. This alone is far more than enough to swing an election.
Since the state of Georgia has failed to follow the
election law established by its legislature under Article II, Section 1 of the
Constitution, it has not conducted a presidential election. Therefore,
no "presidential electors" were appointed in
Georgia. Further, "electors" "certified" by
non-legislative actors pursuant to this process are in fact not "presidential
electors." The competing slate of "electors" is
similarly deficient, having not been elected through a presidential election.
Therefore, the chair rules that Georgia has not
transmitted the votes of any presidential electors to this
body. Georgia presents zero votes for Donald Trump and zero votes
for Joseph Biden.
The central point is that the VP, as the presiding officer
and final authority, has the unquestionable authority
to declare that the states in question have not conducted presidential
elections. There will be wailing and gnashing of teeth,
but no one has the authority to override his decision.
The statement says nothing about who might or might not have
"won" the contested states. Rather, by not following their
own laws, as enacted by their own legislatures, they have violated Article II,
Section 1. Thus, they have not conducted an election, and their
results are void.
If the votes of all seven contested states are registered as
zero, President Trump will have 232 votes, and Joe Biden will have
222. The 12th Amendment says, "[T]he votes shall then be
counted[.] ... The person having the greatest number of votes for
President, shall be the President[.]"
In plain language, Donald Trump will be re-elected since he
has a majority of the actual electoral votes. There will be no need
to involve the House of Representatives to resolve a contingent election.
Richard Nixon chose not to contest the 1960 election because
he felt that winning that way would lead to an ungovernable
country. If V.P. Pence does this, that same argument might be
made. But is the country governable even now? Blue states
such as California, Oregon, Washington, New York, New Jersey, and Michigan are
already operating in an openly lawless manner with their "emergency"
"COVID-related" restrictions. Their denial of the civil
rights of law-abiding citizens is horrific. Their refusal to do
basic policing and law enforcement is a recipe for open war. How
much worse would things be if the V.P. lived up to his oath and upheld the law?
Ted Noel
posts on multiple sites as DoctorTed and @vidzette.
___________________________________________
Pence Card -OR- GOP No
Longer Relevant
John R. Houk, Blog Editor
© December 27, 2020
_________________________________________
It's for Mike Pence to
Judge whether a Presidential Election Was Held at All
© American Thinker 2020
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