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Opinion December 23, 2020 4 mins read

Yes Trump Can Still Be Elected On Jan 6, And Pence Can Do It

Opinion ı By Carmine Sabia

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Mike Pence

President Donald Trump is having a tough time finding ways to change the reported results of the 2020 presidential election, but there is still one Ace in the deck.

No, it is not martial law or the Insurrection Act, but Vice President Mike Pence who can, singlehandedly, deliver the White House to President Trump until 2024.

On January 6, beginning at 1p.m. EST Congress begins counting the Electoral Votes for president and vice president and that is where things get tricky.

ā€œUpon such reading of any such certificate or paper, the President of theĀ SenateĀ shall call for objections, if any. Every objection shall be made in writing, and shallĀ stateĀ clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of theĀ House of RepresentativesĀ before the same shall be received. When all objections so made to any vote or paper from aĀ StateĀ shall have been received and read, theĀ SenateĀ shall thereupon withdraw, and such objections shall be submitted to theĀ SenateĀ for its decision; and the Speaker of theĀ House of RepresentativesĀ shall, in like manner, submit such objections to theĀ House of RepresentativesĀ for its decision; and no electoral vote or votes from anyĀ StateĀ which shall have been regularly given by electors whose appointment has been lawfully certified to according toĀ section 6 of this titleĀ from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified,ā€ the 12th Amendment of the Constitution says.

Fine. It is unlikely, even if fraud could be proven, that enough Democrats and Republicans from the House and Senate are going to vote to dismiss millions of votes.

But that is not the end of it. You see the 12th Amendment Constitution calls for a process of counting the votes but "TheĀ SenateĀ andĀ House of RepresentativesĀ shall meet in the Hall of theĀ House of RepresentativesĀ at the hour of 1 o’clock in the afternoon on that day, and the President of theĀ SenateĀ shall be their presiding officer. Two tellers shall be previously appointed on the part of theĀ SenateĀ and two on the part of theĀ House of Representatives, to whom shall be handed, as they are opened by the President of theĀ Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of theĀ States,Ā beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of theĀ Senate, who shall thereupon announce theĀ stateĀ of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President andĀ Vice PresidentĀ of the UnitedĀ States,Ā and, together with a list of the votes, be entered on the Journals of the two Houses.Ā it is not specific about how to do it,ā€ it says.

In laymen’s terms what it says is the President of the Senate (Vice President Mike Pence] in the presence of the Senate and House of Representatives opens all of the envelopes containing the Electoral votes and then the votes are counted.

The Amendment does not say who is to count the votes. The language appears to suggest that the vice present both opens the votes and counts the votes.

If that is the case, Vice President Pence could conceivably, on his own judgement, say that fraud was rampant in the states in question and disqualify their votes which would mean that the House would elect the president and, even as the Democrats have a numbers advantage in the House, Republicans would have the advantage in this case.

Each state would be given one vote for president, not each member, and the Republicans have a significant edge on that number.

Will Vice President Pence do this? There is no way to know until that day, but it makes that normally mundane process something to watch.

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Carmine Sabia

Carmine Sabia Jr started his own professional wrestling business at age 18 and went on to become a real estate investor. Currently he is a pundit who covers political news and current events.

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