Hi, I have a question. I got into a long discussion with my law-student brother who, while very conservative and a Trump voter, is certainly no anon and very by the books. He said to me about Pence’s decision on the 6th that it was his constitutional duty to certify the votes, even though they may have been fraudulent, because the states had given him their already certified votes. In other words, the states came to pence and said, “we elected this guy, we’ve already certified it.” This left Pence, even if he knew the votes were fraudulent, no choice but to push them through because the constitution dictates it so. The VP “shall” certify the votes, notwithstanding the validity of them, since they’ve gotten to that point. Hopefully this makes sense.
What are your thoughts on this?
As Article II Section I Clause II of the US Constitution states:
States changed their election laws illegally, making thei election results unconstitutional and void.
I've had this for a while, obviously Pence didn't do anything but certify an illegal election. It takes a lot of courage to do the right thing, it takes a lot more courage to do nothing at all. Pence chose to have more courage to do nothing. Now look at the state our country is falling into.
White House memo details how Pence can save the presidency on Dec. 23rd.
A White House memo will legally require VP Mike Pence to reject any electoral votes from contested states. White House determined that the US Code and Constitution have language that requires the VP to reject illegal electoral votes no later than the 4th Wednesday of December (23rd). Pence has the power to determine whether to reject impermissible states of electors. Pence alone can reject fraudlent electoral college certificates. That puts Trump's electoral destiny on Pence's shoulders.
From the Memo: Article II, Sec. 1 of the US Constitution requires that "Each State shall appoint in such Manner as the Legislature thereof may direct, a number of electors." Meaning, the papers (slates) the states submit to the President of the Senate (VP) and Archivist of the US aren't legal, permissible certificates of votes and lists by electors as stated in Title 3 U.S.C sections 9&11. AZ, GA, PA, NV, MI, and WI violated Art. 2, S.1, Cl.2 and the 14th amendment of the Constitution, Section 1, Equal protections clause in administering their electors rendering their slates impermissible.
December 14th states consummated a fraudulent and Constitutionally deficient certification of their electors as required by 3 USC 7. State and federal authorities have found overwhelming evidence of fraud and irregularities since 11/4 likely rising to the level criminal election fraud (treasonous) and public corruption. Civil courts dismissed the claims procedurally, rather than on substance.
Pence must notify the Sec of State in each contested state that they have until Jan 6th to send a legal electoral college certificate.
From the Memo: The president of the Senate, as the VP, statutorily sits on the National Security Council and is privy to info no other individual in the presidential electoral process has -- not the states, SCOTUS, Congress. This includes any classified evidence and assessments which emanate from EO 13848 regrading foreign interference with US Elections. The president of the Senate is qualified to issue judgment on impermissible electors.
If Pence wants to follow the law, from December 23 until Jan 6, he must instruct the states to remedy their electoral college certificates. From the Memo: Judgement: All of the above factors inform and contribute to Pence's analysis in deciding that he, as the representative of the Federal Seat of Government did not "receive" a Constitutionally permissible slate of electors. Given the reason, he is not only duty-bound to request that the States send certificates and lists as required by Title 3 USC sections 9 &11 from electors that were appointed in the State Legislatures directed as soon as possible, he is also the sole plenary power that has authority to make this determination.
Assuming the 6 contested states, AZ, PA, GA, MI, WI, and NV don't remedy their electoral college certificates by either holding another election or selecting in the Legislature, president Trump prevails in the Electoral College. There will no longer be 538 Electoral votes within several states having disqualified themselves by refusing to comply, President Trump will have accrued 232 Electors to Joe Biden's 227.
Sources: https://nationalfile.com/exclusive-white-house-memo-details-how-pence-card-can-save-trumps-presidency-on-dec-23/
EO13848: https://www.whitehouse.gov/presidential-actions/executive-order-imposing-certain-sanctions-event-foreign-interference-united-states-election/
Exactly... Pence took the easy way out!