Two of the biggest stories of this election cycle were overshadowed yesterday by the release of the COVID-19 relief package and the subsequent rebuke to it delivered by President Trump. While most were complaining about $600 checks and then rejoicing that President Trump called for much more, a significant constitutional pathway to correcting the election results was presented. Then, it was supported by the President himself.
Vice President Mike Pence can play the “Pence Card” today. We’ve discussed this before, most notably with constitutional scholar Ivan Raiklin over two weeks ago. I’ve generally been lukewarm on the notion until a report from National File and the President’s second speech of the night yesterday made me more hopeful that it could actually happen. First, here’s the path described by National File:
Pence can deny Electoral College certificates from states with widespread election fraud.
FROM THE MEMO:
Article II, Section 1 of the U.S. Constitution requires that “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.” Therefore, the papers (or “slates”) the states attempted to submit to the President of the Senate and Archivist of the United States are not legal, permissible certificates of votes and lists by Electors as recited in Title 3, U.S.C., sections 9 and 11. Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin violated the U.S. Constitution’s Art. 2, S.1, Cl.2 and 14th Amendment, Section 1, Equal Protection Clause in administering their elections, therefore rendering their slates impermissible.
On Dec. 14, the States consummated a fraudulent and Constitutionally deficient certification of their electors as required by 3 USC 7. State and federal authorities have discovered Overwhelming evidence of election fraud and irregularities since Nov. 4, likely rising to the level of criminal election fraud and public corruption. Civil courts dismissed these claims procedurally, rather than on substance.
Pence must then notify the Secretary of State in each contested state that they have until January 6 to send a legal Electoral College certificate.
FROM THE MEMO:
The President of the Senate, as the Vice President, statutorily sits on the National Security Council and is privy to information no other individual in the Presidential electoral process has — not the States, not the SCOTUS, not U.S. Congress. This specifically includes any classified evidence and assessments which emanate from EO 13848 regarding foreign interference with US elections. Therefore, the President of the Senate is uniquely qualified to issue judgement on impermissible electors.
This is not an option for Pence. If he intends to follow the law from December 23 until January 6, he must instruct these states to remedy their Electoral College certificates.
FROM THE MEMO:
JUDGMENT: All of these factors above inform and contribute to the Vice President’s analysis in deciding that he, as the representative of the Federal Seat of Government did not “receive” a constitutionally permissible slate of electors. For that reason, he is not only duty-bound to request that the States send certificates and lists as required by Title 3, U.S.C., sections 9 and 11 from Electors that were appointed in the manner that the State Legislatures directed as soon as possible, he is also the sole plenary power that has the authority to make this determination.
The drafters of the memo also tell National File that, assuming the six contested states – Pennsylvania, Arizona, Georgia, Michigan, Wisconsin, and Nevada – do not remedy their Electoral College certificates by either selecting them in the Legislature or holding another election, President Trump will prevail in the Electoral College.
Alone, this is interesting but not enough to compel me to believe it’s going to happen. Memos are passed around in the White House like face masks at a California grocery store. They often amount to very little other than intellectual fodder or thought experiments. But the President’s second speech last night was conspicuously timed just ahead of today, just ahead of crunch time for the Vice President. That may be coincidence, but if 2020 has taught us anything, it’s that coincidences are rarely coincidental.
Here’s the video Tweeted by the President:
Statement by Donald J. Trump, The President of the United States
— Donald J. Trump (@realDonaldTrump) December 23, 2020
This speech could have been delivered last week or even the week before. It could have been delivered after Christmas. Instead, it was delivered the day before Pence is scheduled to make decisions. Could this have been intended to lay out the administration’s case ahead of a blockbuster move by the Vice President?
It’s all speculation until it does or does not happen. And as I’ve said on pretty much every podcast I’ve done for the past week or so, the easiest path through which we can put an end to the coup and make President Trump’s reelection official is through a “MOAB” – Mother Of All Bombshells. We’ve seen tons of evidence of voter fraud, statistical anomalies, and technological oddities to the point that most Trump supporters and at least 17% of Democrats believe the election was stolen for former Vice President Joe Biden. I’ve often argued that anyone who looks at the evidence and still concludes Biden received 12 million more votes than Barack Obama is a fool.
The “MOAB” is the key to an elegant conclusion that sees President Trump victorious while also exposing many of those who participated in the coup attempt. Call it wishful thinking, but this is the path I’d pick if I had my druthers. But nothing has been easy in 2020 and if the “Pence Card” is our best play, then let’s play it.
The nation’s future is at stake. Pence is as good of a man as there is in Washington DC. I do not doubt his motives. I do not doubt his character. I DO have some doubts about his courage. This would be the boldest move he’s ever made in his professional life, and he’s not one who’s known for taking chances. But as I’ve said for a while, it will be God’s will that moves this election one way or the other. If Pence is to be the vessel through which the end of the coup is realized, I trust that he’s up for the task.
Today, Vice President Mike Pence can use his constitutional authority to set in motion the end of this coup attempt. Does he have the courage to act? If he abides by his oath of office, he MUST act.
As a side note, we discussed this last night during an attempt to record a NOQ Report podcast. My audio was poor, so I did not upload it but it’s available on Facebook if you’d like to listen:
COVID-19 lockdowns are taking down an independent news outlet
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