I'll lay the entire process out here, and show why this can't happen. Applicable law: The Electoral Count Act and of course, your favorite document and mine, the Constitution, or, if you prefer cliff notes: crsreports.congress.gov/product/pdf/IF…
Here's what happens on Jan. 6.
1/
Here's what happens on Jan. 6.
1/
https://twitter.com/MaryFBell79/status/1337595033869045760
The Houses meet to count the votes.
Both Houses are required by law to declare the winner of the election.
But (and here's the rub) members may object to particular electors.
2/
Both Houses are required by law to declare the winner of the election.
But (and here's the rub) members may object to particular electors.
2/
This creates some theater. Trump loyalists can object.
What then? If both a Senator and member of the House object to a particular elector, there is a recess. The Houses meet separately for a maximum of 2 hours.
They vote. If both Houses agree, the delegates are tossed.
3/
What then? If both a Senator and member of the House object to a particular elector, there is a recess. The Houses meet separately for a maximum of 2 hours.
They vote. If both Houses agree, the delegates are tossed.
3/
"An objection to a state’s electoral vote must be approved by both houses in order for any contested votes to be excluded." (For additional information, see CRS Report RL 32717)
So you can see there is opportunity for theater, but not for declaring Trump the winner.
4/
So you can see there is opportunity for theater, but not for declaring Trump the winner.
4/
One bit of confusion is the House votes by delegation, meaning one vote per state. Nope. That only happens if the electoral college splits 269-269.
There is a zero chance the Democratic-held house will vote to exclude electors.
5/
There is a zero chance the Democratic-held house will vote to exclude electors.
5/
If two slates of electors show up (highly unlikely) and Congress can’t resolve the dispute, it gets kicked back to the state and the governor decides, not the legislature.
The governors of PA, GA, and AZ have indicated they are not going to play.
6/
The governors of PA, GA, and AZ have indicated they are not going to play.
6/
Because Biden has so many more electors, 3 of the governors would have to agree, and PA has a Democratic governor, so that won't happen.
crsreports.congress.gov/product/pdf/IF…
If I get any of this wrong, I trust a helpful Twitter peep will let me know 😉
7/
crsreports.congress.gov/product/pdf/IF…
If I get any of this wrong, I trust a helpful Twitter peep will let me know 😉
7/
Left off MI. Big Gretch is absolutely not playing. Actually, either is Kemp or Ducey.
So the whole scheme is dead in the water.
Expect there to theater as all the loyal minions trip over themselves to object and show that they are loyal to Trump.
8/
So the whole scheme is dead in the water.
Expect there to theater as all the loyal minions trip over themselves to object and show that they are loyal to Trump.
https://twitter.com/JamesMi16380770/status/1337876585530191872
8/
Yes, it will. Under the Constitution, Congress regulates elections. Besides, the Supreme Court has given us a spectacular demonstration of its unwillingness to engage in a power grab over presidential elections.
9/
https://twitter.com/joeldbloom/status/1337878204934213637
9/
He also had a lot banked on the Supreme Court case, and that didn't work out so well.
He's looking for demonstrations of loyalty so he can retain his grip on the Republican Party so he can retain the power that comes with controlling a major party.
10/
He's looking for demonstrations of loyalty so he can retain his grip on the Republican Party so he can retain the power that comes with controlling a major party.
https://twitter.com/GGovic/status/1337880260466135041
10/
What frustrates him about SCOTUS's decision not even letting him in the door is this: He wants a trial to create drama and theater.
He wants all eyes riveted on the stage as he presents his "evidence" (spreads his lies).
So the theatrical part of Jan. 6 matters to him.
11/
He wants all eyes riveted on the stage as he presents his "evidence" (spreads his lies).
So the theatrical part of Jan. 6 matters to him.
11/
I put this on my blog, here: terikanefield-blog.com/what-to-expect…
This NYT article comes to the same conclusion. The headline says "long shot," but the scholars interviewed were paraphrased as saying "all but certain to fail." (Really, just "certain")
The article emphasizes the toxicity of the drama likely to occur.
nytimes.com/2020/12/13/us/…
The article emphasizes the toxicity of the drama likely to occur.
nytimes.com/2020/12/13/us/…
I take issue with calling this an "awkward test of allegiance for Republicans."
Awkward?
The choice is between Trump's lies and baseless attacks on the election, and the truth.
If the choice isn't easy, that tells you everything you need to know about these Republicans.
Awkward?
The choice is between Trump's lies and baseless attacks on the election, and the truth.
If the choice isn't easy, that tells you everything you need to know about these Republicans.
I assume you mean me, even though I'm not a professor 😉
Unless the GOP leadership grows a spine and shuts the whole thing down, yes, I we can expect headline-grabbing antics intended to spread lies and disinformation and keep Trump relevant until 2022.
https://twitter.com/PshawYsm/status/1338169492862464000
Unless the GOP leadership grows a spine and shuts the whole thing down, yes, I we can expect headline-grabbing antics intended to spread lies and disinformation and keep Trump relevant until 2022.
Biden's electors were handpicked by the Dems. To give two well-known examples, HRC is an elector from NY and Stacey Abrams is an elector from GA.
They picked people who won't flip.
Also, there are legal consequences.
Also, think how many would have to.
They picked people who won't flip.
Also, there are legal consequences.
Also, think how many would have to.
https://twitter.com/Pulpbomb/status/1338197121250549765
You can see that @marceelias gave a much more succinct answer.
https://twitter.com/marceelias/status/1338558865152028673
Theoretically this could happen, but consider that you'd need a majority in both houses. Right now, Republican Senators are starting to say, move on.
If it did happen, you'd have a major constitutional crisis because, if Congress rejected . . .
If it did happen, you'd have a major constitutional crisis because, if Congress rejected . . .
https://twitter.com/Ductomaniac/status/1338660809753456643
. . . electors that had been certified by the states, Congress would be overturning the will of the majority (or at least as speaking through the electoral college.)
This would throw the country into utter chaos. Think of the George Floyd protests . . .
This would throw the country into utter chaos. Think of the George Floyd protests . . .
. . . and imagine what would happen.
Rule of law / democracy is in many ways a choice.
I've been saying that democracy will survive if enough people want it to, and are willing to do the work.
A weakness . . .
Rule of law / democracy is in many ways a choice.
I've been saying that democracy will survive if enough people want it to, and are willing to do the work.
A weakness . . .
. . . is that at any time, a majority of people can decide they don't want democracy anymore, and it will cease to exist.
If, for example, a clear majority had voted for Trump, a majority would say, 'we don't want democracy.'
Elections matter. Our voices matter.
If, for example, a clear majority had voted for Trump, a majority would say, 'we don't want democracy.'
Elections matter. Our voices matter.
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