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| Sidney Powell speaks at a press conference at the Republican National Committee headquarters in Washington on Nov 19, 2020. |
Attorney Sidney Powell told FlashPoint host Gene Bailey in a Dec. 29 interview that Vice President Mike Pence should reject Electoral College votes from states facing legal challenges on grounds of alleged election and voter fraud.
“Vice President Pence should simply refuse to accept the illegal electors—the electors from the states in which there was demonstrable, significant fraud,” Powell said. “And if he does that, then it would have to go for President [Donald] Trump.”
The power of the vice president to reject electoral votes is disputed.
Powell was responding to a series of questions by Bailey about the “viable paths” that remain to a second term for President Donald Trump. In the interview, Powell said she believes it is “definitely possible” that Trump retains the presidency for a second term.
Powell also spoke of a lawsuit filed against Pence that requested the court to grant him “the exclusive authority and sole discretion in determining which electoral votes to count for a given State” during the joint session of Congress, when the Electoral College votes will be considered, counted, and certified by lawmakers.
A court on Friday rejected that lawsuit, with U.S. District Judge Jeremy Kernodle writing in an order of dismissal (pdf) that plaintiffs lack standing to bring the legal action that could keep Pence from confirming [Democrat presidential candidate Joe] Biden’s electoral victory.
Some Republican lawmakers have said they plan to object to the Congressional certification of the electoral votes on Jan. 6. For the attempt to be viable, it would require both the Democrat-controlled House and the Republican-controlled Senate to agree to discard the electoral votes and, if neither candidate receives the 270 votes needed for victory, potentially force a contingent election under the 12th Amendment. Under a contingent election scenario, state delegates in the House—one from each state—vote for president, with Republicans having a majority in the House when counted by the number of states.
In the interview, Powell was then asked whether she thinks the contingent election scenario would be a possibility for a second term for Trump, to which she replied: “I think the possibility is that he [Pence] has the actual ability to select the president himself by virtue of disregarding the illegal electors.”
Powell also called on voters in key battleground states to appeal to their state legislators to convene in emergency sessions and decertify the electoral votes for Biden.
State election officials, the Department of Justice, and others have pushed back against claims of voter fraud of a significant enough scale to overturn the results of the 2020 election.
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11 More GOP Senators to Object to Electoral College Votes
“America is a Republic whose leaders are chosen in democratic elections. Those elections, in turn, must comply with the Constitution and with federal and state law,” the group wrote in a joint statement.
“When the voters fairly decide an election, pursuant to the rule of law, the losing candidate should acknowledge and respect the legitimacy of that election. And, if the voters choose to elect a new office-holder, our Nation should have a peaceful transfer of power. The election of 2020, like the election of 2016, was hard-fought and, in many swing states, narrowly decided. The 2020 election, however, featured unprecedented allegations of voter fraud, violations, and lax enforcement of election law, and other voting irregularities.”
The allegations of fraud and irregularities in the 2020 election “exceed any in our lifetime,” the group added, noting courts, including the Supreme Court, have repeatedly declined to hear evidence of alleged fraud.
The senators said Congress should immediately appoint an Electoral Commission, with full investigatory and fact-finding authority, to conduct an emergency 10-day audit of election returns in disputed states. Once completed, the states would evaluate the commission’s findings and convene a special legislative session to certify a change in their vote, if needed.
“Accordingly, we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given’ and ‘lawfully certified’ (the statutory requisite), unless and until that emergency 10-day audit is completed,” the group said.
The group includes Sens. Ted Cruz (R-Texas), Ron Johnson (R-Wis.), James Lankford (R-Okla.), Steve Daines (R-Mont.), John Kennedy (R-La.), Marsha Blackburn (R-Tenn.), and Mike Braun (R-Ind.).
Sens.-elect Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Bill Hagerty (R-Tenn.), and Tommy Tuberville (R-Ala.) also plan on joining. They’ll be sworn in on Sunday, several days before the joint session.
The session is the final step in the Electoral College system to certifying a president-elect. Taking place two weeks before inauguration day, the session sees the vice president, as president of the Senate, preside over members of Congress counting electoral votes.
Objections are allowed if they’re in writing and supported by at least one representative and at least one senator. If the conditions are met, objections trigger withdrawal from the joint session and a two-hour debate. The chambers then vote on the objection. It is upheld with a majority vote in each chamber.
“I cannot vote to certify the electoral college results on Jan. 6 without raising the fact that some states, particularly Pennsylvania, failed to follow their own state election laws,” Hawley wrote in a statement on Dec. 30.
Democrats have criticized the plans, alleging circumstances were different when they attempted objections in 2017 and succeeded with launching one in 2005.
Sen. Chris Van Hollen (D-Md.) said on CNN that Hawley’s actions were undermining the democratic process, calling the planned objection a “reckless stunt.”
Democratic presidential candidate Joe Biden’s team downplayed the plans, calling the vote-counting “merely a formality.”
And House Speaker Nancy Pelosi (D-Calif.) said she’s confident Biden will be sworn into office on Jan. 20.
The group of GOP senators on Saturday acknowledged that most if not all Democrats, and “perhaps more than a few Republicans,” will not vote to uphold the objections.
“But the support of election integrity should not be a partisan issue,” they added. “A fair and creditable audit—conducted expeditiously and completed well before January 20—would dramatically improve Americans’ faith in our electoral process and would significantly enhance the legitimacy of whoever becomes our next President. We owe that to the People.”
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Pence Welcomes Efforts by Lawmakers to Object to Electoral College Votes on Jan. 6
Vice President Mike Pence said he welcomes efforts by lawmakers to challenge Electoral College results in the upcoming congressional joint session on Jan. 6, when the votes are formally counted, according to a new statement.
Vice President Chief of Staff Marc Short issued the statement to reporters on Saturday saying that Pence, who will be presiding over the Jan. 6 session as president of the senate, is open to considering planned objections by Republican House members and senators to Electoral College votes cast for Democratic presidential nominee Joe Biden.
Short added that the vice president also welcomes efforts by lawmakers to present evidence of election irregularities and alleged voter fraud before Congress during that session.
“Vice President Pence shares the concerns of millions of Americans about voter fraud and irregularities in the last election,” Short said in the statement sent to media outlets.
This comes after a group of 11 Republican senators announced their intention to challenge the electoral college votes from contested states earlier on Saturday. The group, led by Sen. Ted Cruz (R-Texas), said the 2020 election “featured unprecedented allegations of voter fraud, violations, and lax enforcement of election law, and other voting irregularities.”
The allegations of fraud and irregularities in the 2020 election “exceed any in our lifetimes,” they said, adding that this “deep distrust” of U.S. democratic processes “will not magically disappear” and “should concern us all,” whether or not elected officials or journalist believe the allegations.
“It poses an ongoing threat to the legitimacy of any subsequent administrations,” the senators wrote in their statement while calling on Congress to appoint an electoral commission to conduct an emergency 10-day audit of the election results.
They added that they intend to object to the votes unless and until the emergency 10-day audit is completed.
The group includes Sens. Ron Johnson (R-Wis.), James Lankford (R-Okla.), Steve Daines (R-Mont.), John Kennedy (R-La.), Marsha Blackburn (R-Tenn.), and Mike Braun (R-Ind.). Meanwhile, Sens.-elect Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Bill Hagerty (R-Tenn.), and Tommy Tuberville (R-Ala.) also plan on joining. They’ll be sworn in on Sunday, several days before the joint session.
Their announcement means 12 senators intend to object to the contested electoral votes on Jan. 6.
Sen. Josh Hawley (R-Mo.) was the first senator to announce his plans to object earlier this week. Forty-five House members plan on objecting to electoral votes, according to a tally by The Epoch Times.
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| President Donald Trump left, and Democratic presidential candidate Joe Biden |
If both candidates receive less than 270 electoral votes on Jan. 6, then a contingent election is triggered in which each state’s delegation in the U.S. House of Representatives casts one en bloc vote to determine the president, while the vice president is decided by a vote in the U.S. Senate.
Democrats and several Republican senators have opposed the plans to challenge the electoral college results. Republican Sens. Pat Toomey (R-Pa.) and Lisa Murkowski (R-Alaska) issued statements on Saturday to reaffirm their support that they would back the electoral college votes that were cast for Biden.
Similarly, Senate Democrats rebuked efforts by their Republican colleagues.
“Joe Biden will be inaugurated on January 20th, and no publicity stunt will change that,” Sen. Amy Klobuchar (D-Minn.) said in a statement.
“This pathetic, opportunistic stunt is an attack on our democracy. It’s un-American & unconscionable. Votes have been counted, recounted, certified, & all challenges totally discredited. Time to govern & get things done,” Sen. Richard Blumenthal (D-Conn.) said in a separate statement.
The Republican senators acknowledged in their statement on Saturday that they expect Democrats and a few Republicans to vote against them but they added that “support for election integrity should not be a partisan issue.”
“A fair and credible audit-conducted expeditiously and completed well before January 20 would dramatically improve Americans’ faith in our electoral process and would significantly enhance the legitimacy of whoever becomes our next President. We owe that to the People,” the Republican senators said.
This comes after many President Donald Trump allies called on Pence to reject electoral votes from disputed states. A judge on Friday rejected a lawsuit filed by Rep. Louie Gohmert (R-Texas) and other Republicans against Pence requesting that the court grant the vice president “the exclusive authority and sole discretion in determining which electoral votes to count for a given State” on Jan. 6.
Comment:
The evidence is clear that Biden didn't win the election 75% of our nation knows the election was a fraud and why it's got this far is because not one judge had the balls to stand up for what is clearly evident to all of us that something was wrong when a guy hides in his basement and the other guy is drawing thousands of people to his rallies and the guy in the basement wins by a landslide no can't happen and says they have the best fraud team, then Hillary tells Biden, not to coincide no matter what so you have to think they knew it was fixed. As for our justice system, it's not the system it's the people in the justice system. If Trump is not reelected then we have lost the Republic and all that have given their lives through the centuries for our freedoms.
GOD HELP US AND BLESS OUR REPUBLIC!
WE WILL KNOW IF GOD HAS BLESSED US ON JAN 6,2021
One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)
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