On Sunday, GOP legislators filed a lawsuit against Vice President Mike Pence in an effort to overturn the 2020 presidential election in President Donald Trump’s favor.
All eyes are on the Vice President considering he will be in charge of looking over the January 6th meeting with Congress to count the total electoral votes.
Check out what the Daily Caller reported:
The group filed the lawsuit against Pence in his capacity as vice president in a federal Texas court. The lawsuit reportedly asks for the judge to overturn Trump’s losses in battleground states.
Along with Gohmert and Arizona Republican Party Chairwoman Kelli Ward, Students for Trump COO Tyler Bowyer, Arizona Republican Party Executive Director Greg Safsten and Maricopa County Republicans Second Vice Chair Nancy Cottle are asking federal Judge Jeremy Kernodle to let Pence declare who the electors are on Jan. 6, according to The Daily Beast.
Ohio State University law professor Edward Foley says that Vice President Pence does not have the authority to determine which electoral votes are counted.
“The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution,” said Foley.
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Not everyone agrees however. Some experts believe that Vice President Pence has the capability to toss the electoral college recommendations if he believes there was massive fraud that took place during the election.
One of these so called experts is constitutional lawyer Ivan Raiklin who believes that Pence does have this ability and is calling on him to use it.
“America, @VP @Mike_Pence MUST do this, tomorrow!” Raiklin tweeted. “To defend our Constitution from our enemies: Foreign: China, Russia, Iran & Domestic: BigTech Censorship, MSM Censorship, Corrupt Officials at the Federal, State, and Local levels! Let him know!”
President Trump took notice of the tweet and even retweeted it. Will the “Pence card” be used?
Well according to the National File, sources close with the president are saying they may considering using this alleged constitutional right.
The outlet reports:
National File’s sources in the White House indicated that the memo was requested by those in the President’s circle who are most keen to see the 2020 election, and the ensuing fallout, administered in as transparent of a manner as possible. They also indicate that the push to find a path to verify the 2020 election’s integrity is not coming solely from the White House, but also comes from across numerous agencies in the administration.
The emergence of the memo could mark a decided shift in roles for Pence, our sources explain. Since the days immediately following the election, Pence has remained relatively silent compared to President Trump and his legal team.
‘The revelation that Pence alone can reject allegedly fraudulent Electoral College certificates shifts the spotlight from President Trump and Congressional leaders significantly by putting President Trump’s electoral destiny squarely on Pence’s shoulders.
This memo will likely interfere with Pence’s travel plans, as the vice president recently announced his intention to travel to Israel for two weeks after January 6, when he will preside over a joint session of Congress, according to the Times of Israel.
Read below what was inside of the memo:
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.
What are your thoughts? Let us know in the comments below!