What will Pence do on January 6th?

The courts have rejected Trump campaign efforts and so have legislatures. Is there going to be a last stand? Op-ed.

Dr. R. Sklaroff & L Lechter ,

US congress
US congress

To thwart massive, well-orchestrated electoral fraud, President Trump can follow multiple pathways to achieve re-election; herein is a reasonable scenario that Vice-President Pence can implement, while serving as the presiding officer when Congress meets on January 6th.

All other approaches to remediating massive election fraud have been exhausted, as leakage of what modern-day Jacobin-Democrats plan is increasingly unnerving; thus, Trump loyalists have noted two indicia of hope triggered by travel of the President - who returned early to the White House - instead of hanging around Florida for his annual New Year’s Eve party, and the sudden cancellation of Vice-President Pence’s January 6, 2021 planned departure to Israel.

Immediately after the election, President Trump focused all efforts for a reversal of the election fraud towards the United States Supreme Court. Inconceivably and incomprehensibly, as we lamentably now know, the Supreme Court has steadfastly refused to hear fact-sensitive cases - especially those filed by Pennsylvania and Texas. The Court has also ignored a backlog of time-sensitive Writs of Certiorari from Republicans and private litigants such as Sidney Powell. One cannot but wonder how the battle for the three new “Conservative” Supreme Court Justices resulted in such failure. The more promising case, that from Pennsylvania, has been docketed for a date well after elector certification in Congress.

Notably, when the Congressional Research Service updated its exhaustive “Contingent Election of the President and Vice President by Congress: Perspectives and Contemporary Analysis” on October 6, 2020, it omitted reference to The 1887 Electoral Count Act, probably because this heretofore unchallenged statute purports to amend a Constitutional Amendment improperly in contravention to how the 12th Amendment was amended properly by adoption of another (20th) Amendment.

This “distinction makes a difference” because this “morass of ambiguity” contradicts the black-letter Constitutional mandate that, were no candidate to meet the 270 threshold, the “House of Representatives shall choose immediately, by ballot, the President”; explicitly, “immediacy” precludes remand for each chamber to debate challenges.

Furthermore, the Constitution (Article IV, §4) mandates that the federal government “guarantee to every State … a Republican Form of government and shall protect each of them against Invasion; and on Application …of the Executive … against domestic Violence.”

Each phrase therein impacts what Pence is required to accomplish: [1]—Maintaining a representative democracy necessitates disallowing fraudulent ballots; [2]—Protecting from invasion entails blocking overseas interface c/o Dominion software; and [3]—Ensuring domestic tranquility mandates overcoming intimidation by Antifa/BLM rioters, and one political party’s malfeasance.

Pence should disallow Electors from the six contested states (Arizona, Georgia, Michigan, Nevada, Pennsylvania, Wisconsin) because unrefuted evidence demonstrates inability to confirm that their respective election procedures comported with constitutional statutes passed by their state legislatures; in lieu of cataloguing gross discrepancies, he need only cite the six key dimensions of election irregularities compiled in the Navarro Report (The Immaculate Deception) amplified by a video compilation.

Furthermore, Sidney Powell postulates how Trump could win by invoking his Executive Order on Foreign Election Interference; presaging this is how DNI Ratcliffe—with whom Trump met during the Army-Navy football game—connected China, the pandemic, and possible foreign election interference.

Of particular concern to Radcliffe (orally and in-writing) are the “usual cyber-suspects” (China, Russia and Iran); his delayed report will explore how the Chinese Communist Party database leak revealed operatives embedded in Western companies and governments.

After neither candidate exceeds 270 votes (recalling the Hayes precedent), Democrats couldn’t boycott the “immediate” state-delegation vote, for “a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice”; Republicans have been elected in most states and control most delegations (although Pennsylvania could tally with Democrats if Rep. Fitzpatrick flips, and all indications reflect that he will).

Finally, the 12th Amendment is silent on what Congress should do to resolve disputes and there is no mechanism by which a challenge to the ruling of the chair can be mounted during a joint session of Congress; thus, Pence’s decision would be final in the absence of the ability to mount a debatable appeal motion, just as Jefferson’s choice to count Georgia’s defective ballots led to his election.

Pundits, scholars, media and commentators have weighed-in, but the fate of litigation is instructive of how the judiciary hides in the shadows; here, Pence successfully fended off Rep. Gohmert’s effort to empower him (claiming he wasn’t the proper defendant) without dealing with the gravamen of the filing.

Thus, Trump cannot bank on the Courts suddenly acting to preserve the Union, for they claim either that suits were filed prematurely (before damages could be alleged, “standing”) or belatedly (after a putative deadline had passed, “laches”). The recognized futility of petitioning the Supreme Court probably explains why Rudy Giuliani didn't file another "USA vs. Four Individual States" suit, and it’s probable that the above chronology may fulfill his promise of a major post-Christmas occurrence.

The irony here is that Trump-Pence can emerge victorious— by presenting evidence of fraud during the congressional Hearing on January 6, and by the presumption of guilt evinced by various state actors through their willful acts of spoilation of evidence. It is also envisioned that such details will emerge when the new Attorney General pursues scorched-earth prosecution of the culprits.

Lamentations aside, Pence has G-d on his side; the ultimate electoral query is probing how Trump/Pence had long coattails for down-ballot candidates, despite not sporting a political coat