showpan
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I am starting a new thread because the other thread is lacking some clarity.
The President’s Constitutional Plan.
It involves two steps, or two fronts: First the Courts, then the House.
The Trump Campaign, RNC, various state GOP Parties, third party organizations, are filing county, state, and federal lawsuits.
The primary objective is to strategically get several ballots invalidated.
However, a secondary objective is to publicly expose “corruption” in these cities to both STATE reps and US House and Senate Leaders. This is crucial.
While keeping the 73 million Trump supporters engaged and working behind the scenes.
There seems to be success in this, as two polls show 60% of the US now believe “fraud” occurred and only 49% believe Biden won. These polls have a 37-32 D:R bias.
Keep in mind, MSM “calls” are merely “projections” of how a state voted in the popular vote. Strictly speaking, they means nothing.
In case anyone is wondering about Trump's plan re competing slates, he just claimed victory in PA again.
By doing this, he's telegraphing to State GOP leaders, in his opinion "the popular vote is corrupted" and they must act.
Win, or lose in court, the next step is the GOP State Legislatures (SLs) in PA, MI, WI, AZ and GA.
On December 14, 2020, Certified Electors from each state, cast their ballots for the President and VP.
What many do not realize is they vote in their home state and their vote is sealed and NOT “counted” until January 6th. Crucial point.
Now, the SLs have the Constitutional authority (under Article II, Section 1, Clause 3 and 3 U.S. Code § 2 and § 5) to appoint their own slate of Electors, loyal to President Trump, if they deem their state’s “POPULAR VOTE IS CORRUPTED”.
In other words, the State GOP Legislature of Georgia, for example, can “conclude that the popular vote has been corrupted” and appoint a “competing slate” of electors, loyal to President Trump. For example, 20 Biden Electors from PA & 20 for Trump.
The precedent for this is the 1876 Election when SC, LA, FL and (1 EV from OR) each sent competing Dem and Repub Electoral votes, sealed, to the archivist in D.C.
Now, 3 U.S.C. § 6 says "if there is "controversy" re an election, then the governor must, "as soon as practicable after such determination," communicate, "under the seal of the State...a certificate of such determination in form and manner as the same shall have been made."
This suggests that, if a governor is ignoring controversy, or a contested election result and not issuing a determination, and communicating it properly, s/he is breaking federal law.
-Keep in mind, NOTHING is “counted” yet. Another crucial point.
-Dec. 14 the Electoral College votes, but on January 6, is when it is “counted”.
I believe this too is where objections re "certified" state electors will arise on Jan 6.
For example, the GA, AZ, and PA results, will likely disputed by the Senate (R) because the govs of those states are AWOL, ignoring pleases for audits. Thus, their states' results will be challenged as "unlawfully certified".
This will be resisted by the Dem House.
On January 6, the 12th Amendment to the Constitution specifies that the “President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”
If one member of the House and one Senator dispute or "object" an electoral vote, or a state slate, both houses withdraw to debate the issue.
Now, under the Electoral Count Act of 1877, it is unclear if the House accepts a slate and the Senate rejects it, how to move beyond an impasse. What is clear is that tradition holds “The President of the Senate” is the tie breaker.
That means that in the case of disputes about competing electoral slates, the President of the Senate—Vice President Pence—would appear to have the ultimate authority to decide which to accept and which to reject. This is supported by 3 U.S. Code § 15
This is a de facto check on the Electoral College, which few realize because it only happened in 1876.
If at that point, nobody gets to 270, the 12th Amendment stipulates, “the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote.”
Currently, Republicans have a state delegation majority with 26 (likely 30 in the new Congress) out of 50.
President Trump has clearly discussed and been briefed on a strategy to contest the election via Constitutional means, first through the courts and then through House, saying at a Sept. 26 rally in—where else—Pennsylvania: “And I don’t want to end up in the Supreme Court and I don’t want to go back to Congress either, even though we have an advantage if we go back to Congress — does everyone understand that?
I think it’s 26 to 22 or something because it’s counted one vote per state, so we actually have an advantage. Oh, they’re going to be thrilled to hear that.”
NO clearer indication exists that this was his plan all along.
Moreover, Politico reports, “In private, Trump has discussed the possibility of the presidential race being thrown into the House as well, raising the issue with GOP lawmakers, according to Republican sources" such as McConnell, Graham, McCarthy, etc.
This would explain Sen. McConnell’s resolute backing of President Trump. It is clear, McConnell, who is shrewd and believes in raw power, knows POTUS is on solid Constitutional ground. With our help, he will hold the GOP Caucus in line.
In a contested 2020 election, like the Election of 1876, the Republican Senate and Democratic House would disagree on which electors to accept. This is called a “disputation.”
Under the Constitution, there exists no mechanism to resolve a dispute in which the two houses of Congress cannot agree upon a certified set of electors, and there is no Constitutional role for the courts, including the Supreme Court. This is another crucial point.
Hence, Trump’s Sept. 26th references to FIRST the COURTS, then the HOUSE (see above).
The House and Senate GOP (McCarthy & McConnell) shall argue under the language of the 12th amendment, the President of the Senate Vice President Mike Pence—has the sole discretion to break a deadlock between the Senate and the House, and to either accept or dismiss disputed electors.
Republicans will point to the historical pedigree of the VP’s position, observing that the GOP made the same argument during the election of 1876.
Given the language of the Twelfth Amendment, whatever its ambiguity and potential policy objections, there is no other possible single authority to identify for this purpose besides the President of the Senate to act as the arbiter of any disputes and break deadlocks.
In fact, within Pence's powers, he could either accept the competing slates of electors submitted, or dismiss them as disputed, and not have them counted. A reduced total still delivers Trump a victory BECAUSE IT DEPRIVES BIDEN OF 270. This is another crucial point.
If 270 is not reached, then under the 12th amend, “the House of Representatives shall "choose immediately", in this scenario, reelecting President Trump to a second term because, as stated above, the GOP controls the House Delegation majority.
If, after all of this and somehow Biden is declared the winner on Jan 6th and the lower courts including SCOTUS have refused to hear any cases on their merits alone which would prove a massive conspiracy involving foreign interference of election fraud, President Trump can then invoke the Insurrection act. I would like to see this happen sooner but the President and his legal team are all advising him to wait and exhaust ALL legal constitutional efforts first.
Fire Barr now!!!
So, what we need to do is KEEP CALLING, EMAILING, ORGANIZAING, MARCHING, and FORCING the GOP at the State and Federal levels to appoint a Republican slate of electors for President Trump and SUPPORT HIM 1000%. Time is running out for this!!! Do it now unless you want to be under the control of the CCP.
We are a Republic, not a Democracy. Anyone including (especially) the media that tries to claim President Trump is not following our constitution and is a threat to our "democracy" is likely a shrill for the CCP
The President’s Constitutional Plan.
It involves two steps, or two fronts: First the Courts, then the House.
The Trump Campaign, RNC, various state GOP Parties, third party organizations, are filing county, state, and federal lawsuits.
The primary objective is to strategically get several ballots invalidated.
However, a secondary objective is to publicly expose “corruption” in these cities to both STATE reps and US House and Senate Leaders. This is crucial.
While keeping the 73 million Trump supporters engaged and working behind the scenes.
There seems to be success in this, as two polls show 60% of the US now believe “fraud” occurred and only 49% believe Biden won. These polls have a 37-32 D:R bias.
Keep in mind, MSM “calls” are merely “projections” of how a state voted in the popular vote. Strictly speaking, they means nothing.
In case anyone is wondering about Trump's plan re competing slates, he just claimed victory in PA again.
By doing this, he's telegraphing to State GOP leaders, in his opinion "the popular vote is corrupted" and they must act.
Win, or lose in court, the next step is the GOP State Legislatures (SLs) in PA, MI, WI, AZ and GA.
On December 14, 2020, Certified Electors from each state, cast their ballots for the President and VP.
What many do not realize is they vote in their home state and their vote is sealed and NOT “counted” until January 6th. Crucial point.
Now, the SLs have the Constitutional authority (under Article II, Section 1, Clause 3 and 3 U.S. Code § 2 and § 5) to appoint their own slate of Electors, loyal to President Trump, if they deem their state’s “POPULAR VOTE IS CORRUPTED”.
In other words, the State GOP Legislature of Georgia, for example, can “conclude that the popular vote has been corrupted” and appoint a “competing slate” of electors, loyal to President Trump. For example, 20 Biden Electors from PA & 20 for Trump.
The precedent for this is the 1876 Election when SC, LA, FL and (1 EV from OR) each sent competing Dem and Repub Electoral votes, sealed, to the archivist in D.C.
Now, 3 U.S.C. § 6 says "if there is "controversy" re an election, then the governor must, "as soon as practicable after such determination," communicate, "under the seal of the State...a certificate of such determination in form and manner as the same shall have been made."
This suggests that, if a governor is ignoring controversy, or a contested election result and not issuing a determination, and communicating it properly, s/he is breaking federal law.
-Keep in mind, NOTHING is “counted” yet. Another crucial point.
-Dec. 14 the Electoral College votes, but on January 6, is when it is “counted”.
I believe this too is where objections re "certified" state electors will arise on Jan 6.
For example, the GA, AZ, and PA results, will likely disputed by the Senate (R) because the govs of those states are AWOL, ignoring pleases for audits. Thus, their states' results will be challenged as "unlawfully certified".
This will be resisted by the Dem House.
On January 6, the 12th Amendment to the Constitution specifies that the “President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.”
If one member of the House and one Senator dispute or "object" an electoral vote, or a state slate, both houses withdraw to debate the issue.
Now, under the Electoral Count Act of 1877, it is unclear if the House accepts a slate and the Senate rejects it, how to move beyond an impasse. What is clear is that tradition holds “The President of the Senate” is the tie breaker.
That means that in the case of disputes about competing electoral slates, the President of the Senate—Vice President Pence—would appear to have the ultimate authority to decide which to accept and which to reject. This is supported by 3 U.S. Code § 15
This is a de facto check on the Electoral College, which few realize because it only happened in 1876.
If at that point, nobody gets to 270, the 12th Amendment stipulates, “the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote.”
Currently, Republicans have a state delegation majority with 26 (likely 30 in the new Congress) out of 50.
President Trump has clearly discussed and been briefed on a strategy to contest the election via Constitutional means, first through the courts and then through House, saying at a Sept. 26 rally in—where else—Pennsylvania: “And I don’t want to end up in the Supreme Court and I don’t want to go back to Congress either, even though we have an advantage if we go back to Congress — does everyone understand that?
I think it’s 26 to 22 or something because it’s counted one vote per state, so we actually have an advantage. Oh, they’re going to be thrilled to hear that.”
NO clearer indication exists that this was his plan all along.
Moreover, Politico reports, “In private, Trump has discussed the possibility of the presidential race being thrown into the House as well, raising the issue with GOP lawmakers, according to Republican sources" such as McConnell, Graham, McCarthy, etc.
This would explain Sen. McConnell’s resolute backing of President Trump. It is clear, McConnell, who is shrewd and believes in raw power, knows POTUS is on solid Constitutional ground. With our help, he will hold the GOP Caucus in line.
In a contested 2020 election, like the Election of 1876, the Republican Senate and Democratic House would disagree on which electors to accept. This is called a “disputation.”
Under the Constitution, there exists no mechanism to resolve a dispute in which the two houses of Congress cannot agree upon a certified set of electors, and there is no Constitutional role for the courts, including the Supreme Court. This is another crucial point.
Hence, Trump’s Sept. 26th references to FIRST the COURTS, then the HOUSE (see above).
The House and Senate GOP (McCarthy & McConnell) shall argue under the language of the 12th amendment, the President of the Senate Vice President Mike Pence—has the sole discretion to break a deadlock between the Senate and the House, and to either accept or dismiss disputed electors.
Republicans will point to the historical pedigree of the VP’s position, observing that the GOP made the same argument during the election of 1876.
Given the language of the Twelfth Amendment, whatever its ambiguity and potential policy objections, there is no other possible single authority to identify for this purpose besides the President of the Senate to act as the arbiter of any disputes and break deadlocks.
In fact, within Pence's powers, he could either accept the competing slates of electors submitted, or dismiss them as disputed, and not have them counted. A reduced total still delivers Trump a victory BECAUSE IT DEPRIVES BIDEN OF 270. This is another crucial point.
If 270 is not reached, then under the 12th amend, “the House of Representatives shall "choose immediately", in this scenario, reelecting President Trump to a second term because, as stated above, the GOP controls the House Delegation majority.
If, after all of this and somehow Biden is declared the winner on Jan 6th and the lower courts including SCOTUS have refused to hear any cases on their merits alone which would prove a massive conspiracy involving foreign interference of election fraud, President Trump can then invoke the Insurrection act. I would like to see this happen sooner but the President and his legal team are all advising him to wait and exhaust ALL legal constitutional efforts first.
Fire Barr now!!!
So, what we need to do is KEEP CALLING, EMAILING, ORGANIZAING, MARCHING, and FORCING the GOP at the State and Federal levels to appoint a Republican slate of electors for President Trump and SUPPORT HIM 1000%. Time is running out for this!!! Do it now unless you want to be under the control of the CCP.
We are a Republic, not a Democracy. Anyone including (especially) the media that tries to claim President Trump is not following our constitution and is a threat to our "democracy" is likely a shrill for the CCP
