All eyes of the politically interested people in this nation are looking to January 6th. That’s the day when a joint session of Congress will count the electoral votes. Much emotional capital has been put into this date by patriots who (rightly) believe the election was too fraudulent to allow to stand unchallenged, but it’s not really the drop-dead date for correcting this.
The real conclusion to the election happens on January 20th, a day set by the Constitution through the 20th Amendment. On that day, a sitting president’s term officially ends. So what happens on January 6th? What if Congress and Vice President Mike Pence, acting as President of the Senate and presiding officer of the joint session, do not correct the election? Is it over? No.
Three avenues for remedy of the situation close on that day. Action can be taken to correct electors by state legislatures, Congress, the President of the Senate/VP, or the Supreme Court. Let’s look at the three ways the election can be corrected on or before January 6th before examining the fourth.
State legislatures can correct their electors before then, and while there are currently several attempts to do so in contested states, nothing has been solidified yet. Even with Republican majorities in state legislatures of most contested states, the appetite for action seems too low. They need a majority to act and a willingness to invoke their constitutionally protected plenary power over electors that supersedes state laws to the point that if they choose, they can call themselves into session without their governor’s approval. This can still happen.
Congress can act. It has been well covered by many, including NOQ Report, how that process would work. Constitutional ambiguity is in play, but one thing seems to be agreed upon despite ill-worded statutes and the 12th Amendment. If one Senator and one Representative object to a slate of electors, the two chambers split to debate amongst themselves. If a majority is reached in both chambers (and some would say only one chamber is required), then the electors are either discarded altogether or they can be replaced by the alternates. This, too, can still happen, but it seems unlikely unless the “MOAB“—Mother Of All Bombshells—drops before January 6th.
Third, Mike Pence can act. Some question this, but here’s the thing. As presiding officer, he is given a wide range of potential actions. One that few have discussed is that he can call for evidence to be heard before or even during the counting of the electors. It seems unlikely that Pence wants to do anything at all. I hope I’m wrong, or more accurately, I hope I was right about him before, that he’s an honorable and faithful man who will do what’s right.
Any combination of these three actions need to happen on or before January 6th to correct the election results. But the fourth avenue, the Supreme Court, has the power to act after January 6th. It’s at this point that some will moan about how the Supreme Court has failed to act up until now and we should have no hope that they will act at any point in the future. But if we look at the two lawsuits they’ve addressed thus far, they did not hear evidence in either. They ruled against standing for Texas and simply refused to hear the original Pennsylvania case. Contrary to popular belief, the Supreme Court has not shot down any lawsuits on merit.
We still have five Supreme Court Justices who are originalists. Do not fret over Brett Kavanaugh, Amy Coney Barrett, and Neil Gorsuch recusing themselves from the Texas vote. As I said before the lawsuit was dismissed, there was little chance the Supreme Court would hear the case for a multitude of reasons. Standing was the one they chose, but perhaps a bigger issue is that they suit was filed regarding changes to election protocols that broke state and federal laws. The challenge there is that the four states were not the only states that did so. 27 other states made similar changes, but were not included in the lawsuit because the counts either were not close or President Trump won them. Moreover, some of the changes made to election laws were far more egregious than the four states in the lawsuit, including Montana which President Trump won in landslide. All of this combined for a non-starter. The Supreme Court simply chose standing as the easiest path through which they could avoid hearing it.
Other suits currently on the docket will not have standing issues. They also deal with hard evidence of voter fraud rather than legalities through which voter fraud was fostered. This is very important to understand because proving voter fraud could happen doesn’t prove that it did. Proving voter fraud did happen doesn’t prove that there was enough to change the results of the election. For the Supreme Court to act, these lawsuit or future ones need to demonstrate the atmosphere for voter fraud was fostered, that voter fraud happened on a massive scale, and that the scale was enough to change the results of the election.
If that happens, yes, the Supreme Court will likely hear the case and at least the five originalist Justices will act accordingly.
Here’s the kicker. The 20th Amendment declares when an administration officially ends, but it does not dictate when the next one begins. It’s very possible that the Supreme Court could act to suspend inauguration until the cases are ruled upon, in which case a strange thing happens. President Trump will leave office, but Joe Biden will not take his place. In that scenario, the Speaker of the House would become acting President of the United States until the Supreme Court releases either President Trump or Biden to officially assume office. That may sound terrifying having Nancy Pelosi as President for a little while, but it would only be temporary.
Yes, there are many scenarios possible here. We’d love for it to be all wrapped up on January 6th so President Trump can have a wonderful inauguration ceremony but that may not happen. And if it doesn’t, don’t fret. There are still crazy things that can happen before the Chinese Communist Party has their guy in the Oval Office.
Through all of this, we are still in the same boat we’ve been in for a while. We need God to act. We need Him to will the “MOAB” into the light and make it vividly clear to everyone that the Democrats and their handlers tried to steal the election. If it happens, praise God! If it doesn’t happen, then His plan is different from ours and we still praise Him!
Stay the course, folks. The truth is making its way to the surface, and while getting it out has been a challenge, we never promised it would be easy. After all, we’re fighting great forces of evil. But we still win in the end.
COVID-19 lockdowns are taking down an independent news outlet
Nobody said running a media site would be easy. We could use some help keeping this site afloat.
Colleagues have called me the worst fundraiser ever. My skills are squarely rooted on the journalistic side of running a news outlet. Paying the bills has never been my forte, but we’ve survived. We have ads on the site that help, but since the site’s inception this has been a labor of love that otherwise doesn’t bring in the level of revenue necessary to justify it.
When I left a nice, corporate career in 2017, I did so knowing I wouldn’t make nearly as much money. But what we do at NOQ Report to deliver the truth and fight the progressive mainstream media narrative that has plagued this nation is too important for me to sacrifice it for the sake of wealth. We know we’ll never make a ton of money this way, and we’re okay with that.
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