Posted on 01/01/2021 9:41:58 AM PST by Fawn
The House of Representatives is asking a court to reject a petition from Republicans that requests judges to say Vice President Mike Pence has the authority to reject some electoral votes.
“This Court should reject plaintiffs’ effort to overturn Congress’s centuries-old role in counting electoral votes and resolving disputes about them in the constitutionally mandated Joint Session,” the House said in an amicus brief on Dec. 31.
Rep. Louie Gohmert (R-Texas) and other Republicans this week sued Pence, asking a judge to authorize Pence to pick Republican electors over Democratic ones. They said the U.S. Constitution gives Pence the “exclusive authority” to decide which Electoral College votes to count, and that a portion of the Electoral Count Act of 1877 is unconstitutional.
Pence, a House member before becoming Trump’s vice president, agreed with the House. He also asked U.S. District Judge Jeremy Kernodle, a Trump appointee, to reject the suit.
“A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” an attorney representing Pence argued in a separate filing.
ET TU, Mike?
Pence may well be “on-board” with the UniParty....we’ll know in about 5 days or so now
Wasn’t Pence the governor of Indiana before he became Trump’s VP?
Who do you think gave Trump all those hiring recommendations? The deep state traitors?
Pence.
I’ve never trusted him.
Pence is not on board with the Democrats except on this issue. No reasonable reading of the Constitution indicates that a vice president can simply discard or change electoral votes he doesn’t like for some reason.
Trump
Alito
Thomas
Giuliani
Powell
Ellis
Wood
Limbaugh
Levin
Very few patriots of influence left in the Republic. I’m sure I’ve forgotten some names, but probably not many.
Well said. If a VP could disregard electoral votes, VP Gore would have been elected in the 2000 election. And, Richard Nixon would have been elected in the 1960 election. The Dems objected to the EVs for the 2000 election, to no avail.
Gwjack
When the electors meet and present their votes with seven states having conflicting sets of electors, it turns from an electoral issue to a Constitutional issue and all the Constitutional debates and stuff will then kick in demanding a Constitutional remedy. This is all designed so that one man does not have the final say.
I’m obviously in favor of anything that upholds President Trump’s rightful re-election landslide victory that is being stolen from him -
But, having said that... this claim that the VP can just singlehandedly decide the election - is just absurd.
I don’t know what Gohmert is thinking
- maybe he’s just trolling the Democrats
- maybe he is trying to get under their skin.
- maybe he’s trying to make a weird point
- maybe he has some other angle that is above my pay grade.
I know he’s a smart guy.
But just between us FReepers - let’s be honest here:
There is no way the Constitution gives the VP the power to choose electors. If the VP had that power...
Why didn’t Al Gore pick himself in 2000?
Why didn’t Dan Quayle pick Poppy Bush in 1992?
Why didn’t Joe Biden pick Hillary in 2016?
Why didn’t Mondale pick Jimmy Carter in 1980?
Why didn’t Cheney pick McCain in 2008?
Etc., etc..
Why are we even talking about this?
Pence isn’t going to help Trump unless he has some cover such as a court declaring portions of the electoral act of 1887 unconstiutional (contradicts the 12th amendment). The strongest argument Trump has is the act says if all disputes about the election has been settled before the “safe harbor” date, then there is a certain procedure congress must follow to accept the electoral votes. But all legal disputes weren’t settled by December 8, 2020. The governors or secretary of states shouldn’t have certified those elections.
This is the House Republicans, asking the courts to tell a Republican Vice President, how to make a decision regarding the legislature before the legislature acts. That violates separation of powers issue.
Also, look at it this way, the real issue is between the Democrats and Republicans in the house, not between the House Republicans and the Vice President. If you have a dispute with your neighbor, you and your spouse can't sue each other to get a ruling against your neighbor.
But like i said, I don't think it's in the cards.
I think the effort to force Pence to acknowledge that the Constitution DIRECTS he SHALL PRESIDE over the count of electoral votes, making him ALONE responsible for the PROPER conduct of the count... is one issue.
A more important issue might be... ensuring Pence is served with a proper notice... informing him, in a way that he cannot deny, that the “certified” electors are a product of an ongoing FRAUD. Because of that fraud being practiced: Pence should also be served with a request to see his communications with all of those who are being accused of conducting a fraud. The proper agency for making that demand, might well be the state Legislatures.
The purpose of the fraud being practiced is to either deceive or compel Pence into wrongly accepting the products of fraud in his performance of official duties. Simply exposing the FRAUD... not in public perception, but in recognition in official process... leaves him a choice of participating in the fraud, or refusing to participate in the fraud... as that is the real choice being made.
Legislatures... need to NAME the fraud, as a fraud... while taking action in addressing it... not only decertifying, and not only allowing the event in recalling those perpetrating the fraud... they should also initiate impeachment proceedings against those who are obstructing the process of proving the fraud.
IN the house and then gov
Sounds like a valid constitutional question but the court does not like to rule on something that has not happened.
Probably get tossed.
Always figured Pence to be an establishment poison pill. He’s been a decent Veep, but he’s always had that “I’ll bail in a heartbeat is the going gets tough” vibe.
That’s wrong in almost every aspect.
First, the Constitution doesn’t recognize political parties. They have no role at all in the process. The actors that matter, are those defined in the Constitution.
In the counting of electors votes, the Congress, and the President of the Senate as a part of the Congress (defined under Article One of the Constitution), is not the responsible party.
Instead, the Vice President acting as the Executive Branch in conducting the vote... as is directed in Article TWO... is the SOLE authority the Constitution DIRECTS will be responsible. Congress doesn’t have ANY role or Power specified under Article Two... other than being required to be present.
There is ALSO a role for the VP... as President of the Senate, allowing him to break ties in Senate votes... which responsibility is NOT disabled by his parallel responsibilities under Article TWO... as some here have claimed. Article Two... doesn’t disrupt Article One powers.
Yours also wrong in how it casts the issue... it is not House Republicans directing “how to make” a decision. It is those filing the action seeking a ruling on the proper definition of the RESPONSIBILITY for making a decision.
Pence is trying to pretend he’s not responsible... when he is... because he’s a coward who wants to pretend he’s powerless to do the job that is required of him. He’s seeking to surrender the SOLE RESPONSIBILITY the Constitution charges and entrusts to him... to others.
The court SHOULD rule... that power cannot be delegated.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.