PEOPLE, consider these statistics and you will agree that Donald J. Trump will be reelected president of the United States.
Right now, about 140 House (of Representatives of the U.S Congress) Republican members will object to at least 7 contested states’ (Arizona, Georgia, Nevada, New Mexico, Michigan, Pennsylvania and Wisconsin) electoral votes together with 12 Republican Senators, headed by Senator Ted Cruz, agreeing to sign up with the House Republican members to contest. These 140 constitute more than a majority over the remaining Republicans in the House of Representatives, meaning that the “undecided” minority House Republicans who are on the fringe who do not go with the Republican flow in the House might get the wrath of Republican voters in their district who overwhelmingly voted for Trump. That is, this will be their last term in the U.S. House of Representatives — the Trump voters will not forget them. The same thing too will happen to the never-Trumpers senators, who will face Trump’s supporters’ wrath during the midterm elections’ primary.
But the House of Representatives is controlled by the Democrats. There are, however, about 30 House Democratic members (last I hear) who won in Republican districts who overwhelmingly voted for Trump. It is almost guaranteed that the 2020 Trumpers will retire them in the 2022 midterm elections if they do not go along with Senator Ted Cruz’s and fellow House members’ upcoming proposal of establishing a commission of five Democrats, five Republicans and five members of the U.S. Supreme Court who, for ten days, will hear voter fraud and/or irregularities allegations, and that whatever their findings are is that it will be recommended to each of the contested state legislature to designate electors who will cast the ballot for their state as to who will be the next president of the United States. Notice, that none of this usurps the legislature of each of the state in the final analysis to appoint the electors that their own enacted law fails to meet the ultimate requirements of the Twelfth Amendment to the U.S. Constitution.
The Twelfth Amendment to the U.S. Constitution and 3 U.S.C. §1, et seq. state that the Vice President of the United States shall preside over the joint session of Congress on this January 6, 2021 for the counting of the states’ electoral votes. Now read carefully the following relevant provision of the Twelfth Amendment to the U.S. Constitution: “The President of the Senate [Vice President of the United States, Mike Pence] shall, in the presence of the Senate and House of Representatives, open all [my emphasis] the certificates and the votes shall then be counted.” Now “all” here means just that…“all” certificates brought to the U.S. Congress in joint session, which includes Biden’s electors’ certified votes and Trump’s electors’ certified votes. Now, 3 U.S.C. §15 says that:
“…and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State.”
Note the language “in such case of more than one return or paper purporting [my emphasis] to be a return from a State” — this means that it needs not just be “certificates” but just a “return or paper purporting to be a return from a State” is that them “certificates,” “return or paper” purporting to be a return from the objected states will be counted, such as the “paper” or a “purported return” from Donald J. Trump’s electors’ casted votes that will be presented to the joint session on January 6, 2021. Similar language is adopted by the 117th Congress by its both houses as their rules of conduct on January 6, 2021.
Also, the language “if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two Houses shall concurrently decide were cast by lawful electors appointed in accordance with the laws of the State,” means that if both houses do not concurrently decide that the state’s electors’ votes “were cast by lawful electors appointed in accordance with the laws [my emphasis] of the State,” then such votes cannot be counted — as can be seen below Vice President Mike Pence, the presiding officer at the January 6, 2021 joint session of Congress, is in the exclusive position to make a determination of what is to be rejected or not, especially when the state electors were NOT “appointed in accordance of the laws of the State,” but in accordance of the executive and/or the judiciary fiat of that state.
You see, when language in the law, rules or whatever, is open to wide interpretation, any dumb parliamentarian will tell you, that the chair or the presiding officer [like Mike Pence in the January 6, 2021 joint session of Congress] calls the shot for the group. That is, he can interpret “all,” “certificates,” “return or paper,” “paper,” or a “purported return” anyway he sees any of them fit. So, Pence might just reject what both Houses’ vote on whether to reject or accept each state’s challenged electors’ votes because they do not fit his interpretation — this power is unappealable and it is well within his discretion to exercise. It is speculated that Pence will not count the contested states’ electors votes, both for Biden and Trump, and that he will send them back to the respective state’s legislature for them to pick their choice of electors’ votes, and if none responds or some respond but insufficient for Trump or Biden to get a majority of votes casted by duly appointed electors, then the choice for president goes to the House and choice for vice president goes to the Senate. Notice that Pence here will be throwing the monkey on the backs of parties designated in the Twelfth Amendment responsible for selection of president and vice president.
Consider this observation: some of the never-Trumpers Senate Republicans will ill afford to let Trump lose if the Georgia state voters voted for the two Democratic senatorial candidates, which will tie the number of Democrats and Republicans in the Senate, with Democratic Vice President presiding over the Senate and breaking tie votes in the Democrats’ favor in the new Congress. Like Trump said, it is a “death wish” for them Republicans if that should be the case. It is almost wanting that the two January 5, 2021 runoff Georgian Republican senatorial candidates lose so that this matter be forced upon the Senate Republicans come January 06, 2021 in THEM certifying Joe Biden as president and Kamala Harris as vice president. Senate Majority Leader Mitch McConnell will lose prestige and power in the Senate and end up irrelevant. In other words, if the two Georgian Republican candidates lose it behooves the Senate Republicans that Trump wins the presidency and Pence wins the vice presidency — it does not take a Solomonic mind to figure this out, certainly McConnell has this in the back of his mind.
Now from a different perspective, all of the contested state legislatures are Republican. They do not have to side with Trump for him to win the presidency, they can just not return their choice of electors’ votes. And, that if none of them (Biden and Trump) garners a majority of 270 electoral votes, then the whole thing is thrown to the House of Representatives — with the new 117th Congress there are now more than 30 Red States in that house who will be casting one vote for their state in choosing the president. Another perspective, the Republicans have the U.S. Supreme Court to decide the constitutionality of the Electoral Count Act of 1887 (3 U.S.C. §1, et seq.) if that should necessarily be the ultimate end in winning the presidency and vice presidency — they say that numerous constitutional scholars think that when an objection is made and the matter is sent in part to the Senate, it makes that body involve in the selection of president residing exclusively in the House and likewise in the selection of vice president involving the House that which resides exclusively in the Senate, and, another is that in the final analysis if matters get really bad that only the certified electors by the state executive must be counted, contrary to the Twelfth Amendment making it residing exclusively in the state legislature.
It is not true that presidential inauguration must take place on January 20, 2021, it can take place anytime after that date — the Twentieth Amendment to the U.S. Constitution only says that the sitting president’s and vice president’s 4-year term ends on that day and the newly elected president’s and vice president’s term begins on that same day, if inaugurated on that day or retroactively if inaugurated later. But do not fret, the Constitution provides for the continuity of government by the Twelfth Amendment with the Vice President (assuming already chosen by the Senate before or after January 20, 2021) discharging the duties of the president until such time the House finally selects as to who will be president. And, if this fails, there is Section 3 of the Twentieth Amendment to the U.S. Constitution and 3 U.S.C. §19(a)(1) making the Speaker of the House of Representatives as acting president but only after she resigns her speakership, etc., which could throw the balance of power in the House in favor of the Republicans.
The writer is a resident of Kagman, Saipan.