IT all boils down to the U.S. Congress as to who gets to be U.S. president and when it, pursuant to 3 U.S.C. §15, meets on January 6, 2021 in a joint session to decide the electors’ votes as to who will be the next president of the United States, Donald J. Trump will win! And here is why.
First, I state unequivocally that if a state law is not modified or amended by the legislature thereof before December 8, 2020, then under 3 U.S.C. §5, even if a determination is judicially or executively made as to who are the electors that was not based on legislatively enacted law then that section’s requirement is not met, and under 3 U.S.C. §15 it must be rejected. I want to be clear, however, that no judicial determination or adjudication was made based on the evidence asserted by the Trump campaign, Sidney Powell or Trump himself — it appears that the judiciary branch of government, state or federal, seems to extricate itself from doing its proper role as the arbiter of controversy. I now refer to 3 USC §5, which states that:
“If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned.”
3 USC §5. Note carefully the language that says “by laws enacted prior to the day fixed for the appointment of the electors”, which is December 8, 2020 — that is, if the laws, before this date, were not enacted by the legislature thereof (say, the state court or executive did), or, if the state legislature or the court or the executive changed the laws after December 8, 2020, then whoever were supposedly appointed as electors after that said date would be open to challenge by the Congress on January 06, 2020 under 3 U.S.C. §15 — in all the six contested states of Arizona (11 electoral votes), Georgia (16 electoral votes), Michigan (16 electoral votes), Nevada (6 electoral votes), Pennsylvania (20 electoral votes), and Wisconsin (10 electoral votes) (collectively constituting 79 electoral votes), the main issue is that the state legislature of each state, one way or another, did not enact any such laws that would allow absentee ballots to be counted and accepted as valid ballots contrary to the respective State’s statute. In all contested states, the laws existing before December 08, 2020 were not changed or modified by the legislature thereof but by the executive or the judiciary thereof. Joe Biden, supposedly, won on the basis of absentee ballots counted contrary to each state legislature’s enacted laws according to 3 U.S.C. §5 — Biden got his vote as a result of judicial and/or executive usurpation of state legislative prerogatives under the U.S. Code and the U.S. Constitution.
What this means is if the State legislature did not enact such laws by December 8, 2020, then under 3 U.S.C. §15, is that in that joint session if both Houses concur to the votes of the electors “appointed” under 3 U.S.C. §5 then the electors’ votes would go to Trump — in all of the contested states, a delegation of Trump’s electors casted their votes as if they were the state’s certified ones. This section of the U.S. Code requires that if there are two or more slates of electors appearing before Congress, one for Biden and another for Trump, then the “appointed electors’” votes under 3 U.S.C. §5 are the ones that should be counted but by the concurrence of both houses of Congress. If a Democratic member of the House of Representatives, together with a member of the Senate, objects to a vote casted from that State’s supposedly appointed electors then both houses of Congress must both debate and decide the matter presented before them. If there is a signed objection from a Congressman from the House of Representatives and a Senator, then they the Senate must meet in their chamber and debate the matter, likewise with the House of Representatives. When they return to the joint session— this occurs everytime an objection is made everytime a state vote is taken into consideration, the objections are not consolidated — they, both Houses, must concur and if they do not, then another provision of 3 U.S.C. §15 comes into play.
Looking at it from a different perspective, it is like this: Congress (both Houses) must accept the votes from both sides (Biden and Trump) as the state’s votes are counted in the alphabetical order beginning with the State of Alabama. Since Alabama’s election is uncontested it is accepted almost automatically. When Arizona votes come up, Trump has congressmen and senators already lined up with their signed objections to object (also same for every other contested state) the Biden pledged electors’ votes (Biden has no one to object lest the Trump’s alleged fraud is exposed by them). When this happens, the Senators go their chamber to debate (likewise with the House of Representatives) with each lawmaker given five minutes to speak, but the debate cannot go longer than two hours, and thereafter shall vote whether to reject the electors’ challenged votes or not. When both Houses do not concurrently vote to reject, then the objection fails and the challenged votes get counted.
Whoa, hold your horses! Remember that Trump’s electoral votes are not challenged and therefore counted too. So what happens is that their (Biden’s and Trump’s) votes cancel each other out. Supposing that both Houses do not concurrently reject the votes for every objection made for Trump, Trump got 232 firm electoral votes, or 311 electoral votes (232 plus 79) altogether, versus Biden’s 227 firm electoral votes, or 306 electoral votes (227 plus 79) altogether, Trump has a majority of five electoral votes and wins the election per Amendment XII to the U.S. Constitution. But when both Houses agree that the contested electoral votes are invalid then Trump’s uncontested votes get counted over Biden’s.
Another possible scenario is that when the Senate and the House of Representatives separately votes to reject the state’s objected electors’ votes (say, Biden’s Arizona, Georgia and Pennsylvania electoral votes totaling 37) those votes will be taken out of Biden’s 306 total and thus bringing his total down to 269 and simultaneously increasing Trump’s firm total by 37 bringing his total to 269 — a tie, which will send the election of the president to the House of Representatives and the election of the vice president to the Senate, with Republican Vice President Mike Pence presiding to break a tie vote there in case there is one (his single vote will determine the next vice president and it will be him!). In the House of Representatives each state representatives, the majority thereof, will cast a single vote for their state in electing the president — the new Congress will be composed of representatives from more than 26 Republican (Red) states. This scenario is very possible as Republican legislators or legislature from said Red states each passed a resolution to Congress asking it to reject the certified votes for Biden from their respective state — there will be intense pressure on the lawmakers from more than a million and a half Trump supporters who promise to congregate in Washington, D.C., at the Capitol building on January 6, 2021, the kind of pressure that scared U.S. Supreme Court Chief Justice John Roberts of possible riots throughout the nation that might prompt a call from D.C. local police (D.C. has no National Guard) to President Trump to declare martial law to restore law and order — note, this will not be done by Trump’s initiative but by the D.C. police
Finally, there is Trump’s trump card in Vice President Mike Pence who will be presiding over the joint session of Congress in January 6, 2021. As the presiding officer, when there should be a quagmire in the outcome of each House’s vote on whether to reject or not the properly objected Biden’s electors’ electoral votes, he can intervene and decide the matter. That is, by rejecting Biden’s electors’ votes and accepting and counting Trump’s electors’ electoral votes. The bottomline is Biden will not become president of the United States and Trump will be reelected for a second term as president.
Requiem for Biden politically, another four miserable years for the Deep State, Trump-haters and the never-Trumpers and…Biba Trump!!! Indeed, Happy New Year!!!
The writer is a resident of Kagman, Saipan.