Constitution expert: Trump has multiple paths to victory at Jan. 6 joint session of Congress
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January 5, 2021 (LifeSiteNews) — According to Constitution expert Rick Green, President Trump still has multiple paths to victory in an election marred by unprecedented unconstitutional action by election officials and top Democrats across battleground states.
In his conversation with LifeSiteNews, the former Texas lawmaker and founder of Patriot Academy particularly highlighted the opportunities presented by the joint session of Congress tomorrow that is set to vote on the results of the Electoral College.
Vice President Mike Pence has the authority to reject electors from contested states, Green said. Pence will preside over the joint session, fulfilling his role outlined in the Twelfth Amendment to the U.S. Constitution, which requires that the Vice President “open all the certificates and the votes shall then be counted.”
“He’s the President of the Senate and he can do his duty under the constitution … he can follow historical precedent, he can follow the language of the Constitution,” Green explained. “Jefferson, Nixon, Gore, all three of them acted unilaterally over the objections of House members and Senate members, so Mike Pence could do the same thing.”
Green noted that then-Vice President Richard Nixon “refused to hear the objections” that resulted from the 1960 presidential race that Nixon conceded. He “accepted Democratic electors rather than Republican electors unilaterally,” Green said.
“If [Pence] does what he can do under the Constitution,” and dismisses electors, “yes, there’ll be wailing and gnashing of teeth, but [Democratic members of Congress] would have to then go to the Supreme Court and ask for some sort of ruling.”
The procedure of tomorrow’s session is governed both by the Constitution and the Electoral Count Act of 1887. The law, which Green called “the worst written statute in history,” purports to grant powers to either chamber of Congress against those laid out in the Twelfth Amendment. Rep. Louis Gohmert (R-TX) sued in December to clarify the law, although his case was dismissed last weekend due to a technicality.
While a lawyer representing Pence had sought the rejection of Gohmert’s suit, Green cautioned, “I don’t know that we can really deduce from that what Mike Pence is going to do.”
Green also noted that the vice president has constitutional authority to “set up the rules” for the joint session. “He could actually say, ‘Listen, there’s going to be debate on this. I’m the presiding officer.’”
“I can’t imagine the Democrats in the House going along with that, but Mike Pence could require that. He could stop everything right from the beginning on January 6 and say, ‘Okay, we’re going to have a hearing right now, in session, and allow people to start presenting evidence,’” Green said.
Trump legal advisor Jenna Ellis detailed a similar strategy yesterday, saying that the Vice President could defer the certification of the election and send requests to state legislatures to review their states’ electors.
“That’s not setting up any sort of bad precedent,” she said. “That’s actually returning the authority to the constitutionally vested entity and just simply directing that question” to “these very timid, to put it lightly, state legislators that haven’t been willing to act,” Ellis added. Some state lawmakers have endorsed the idea already.
“The states that are in question could still meet and name their slate of electors and should do that. They could literally do that tomorrow,” Green stressed.
State lawmakers “have plenary power granted through the Constitution — granted to them, not to the governor. They can come together and they can name that slate of electors, remove all uncertainty,” he continued.
“It would be clearly constitutional and then we wouldn’t have this chaos and the uncertainty going forward,” Green stated, pointing to three Supreme Court cases, including Bush v. Gore, that have affirmed states’ prerogative.
Regardless of which electors Pence chooses to accept, Green emphasized that there are other avenues to adjudicate the election after tomorrow. “There’s definitely time, regardless of what would happen on January 6. I think the Supreme Court can still step in.” Several cases releated to the 2020 election are still in the Supreme Court’s docket.
The dozen GOP senators who vowed to challenge electors barring the creation of “an emergency 10-day audit” are “thinking the exact same thing, Green said. “They’ll definitely carry it out past January 6.”
He urged that concerned patriots “have to be influencing our state legislators about election integrity.”
“Everyone needs to call their senator and their congressman,” he said, even Democratic lawmakers: “They need to know you’re watching.”
Republican lawmakers must be reminded, “[t]hat if you don’t object, if you don’t stand against this lawlessness, then we know that you support that lawlessness and there’s no way we’ll support you for any office in the future, and we’re coming after you in the Republican primary next year.”