Like many of you out there, I am an American voter who who trusts that our checks and balances will protect our democracy from harm.
*Note - This article here of mine was initially published on January 2, 2021.
Some of you may have read my article titled "Why Does Mike Pence Make Joe Biden Nervous?" regarding the strong possibility that Vice President Mike Pence could be the one to flip the 2020 American presidential election from former Vice President Joe Biden to President Donald J. Trump. According to the United States Constitution, Vice President Pence does have the authority to do so, but, from a legal standpoint, this whole situation is not as black and white as it appears to be, unfortunately.
Numerous Republican lawmakers on Capitol Hill have come out and stated that they are going to challenge the outcome of the 2020 American presidential election on January 6, 2021 in an effort to shift the presidential victory from former Vice President Biden to President Trump. Senator Josh Hawley is involved in this same movement. Some of you may remember reading about him in my article titled "Did The Federal Bureau Of Investigation Sabotage President Donald J. Trump's Reelection Efforts?" He's one of the senators who put James Comey in the hot seat during the Crossfire Hurricane hearing on Capitol Hill and rightfully so.
Now, to make a long story short, what is going to happen at the joint session of Congress on January 6, 2021 is a series of debates are going to ensue in both the United States House of Representatives and the United States Senate on whether to accept or reject the Biden electors in the seven contested states (Arizona, Nevada, New Mexico, Georgia, Pennsylvania, Michigan and Wisconson) of our nation. The Republican-controlled United States Senate will probably vote to reject the Biden electors in those seven contested states, and the Democrat-controlled United States House of Representatives will likely vote to accept those same Biden electors. Then the entire matter will ultimately fall into the hands of Vice President Pence.
Keep in mind that there are currently two different slates of electors in the contested states. That is, one slate of electors are for former Vice President Biden and the other slate of electors are for President Trump. According to the Electoral Count Act of 1887, Vice President Pence does not have the discretion to certify the Trump electors over the Biden electors from the seven above-described contested states inasmuch as the governors of those same states here in our nation did not choose the Trump electors. However, the 12th Amendment to the United States Constitution does provide Vice President Pence with the discretion to certify the slate of Trump electors from the contested states over the Biden electors.
House Representative Louie Gohmert has therefore filed a friendly lawsuit against Vice President Pence to obtain a declaratory judgment that would strike down the Electoral Count Act of 1887 as unconstitutional in that it goes into conflict with the 12th Amendment to the United States Constitution. If such a lawsuit were to be successful, Vice President Pence's discretion to overturn the 2020 American presidential election in the manner I described herein would be protected under the law. In a YouTube video, Roman Balmakov from The Epoch Times provided details on how all of these procedures and the likes can play out on Capitol Hill on and after January 6, 2021. Unfortunately, this same video is no longer available on YouTube.
Anyhow, what Mr. Balmakov explained in that same video was very accurate in terms of how Vice President Pence could overturn the 2020 American presidential election, and it even appeared to be promising to all of us Trump supporters who do not want to be trapped in a Biden administration for the next four years. However, there is just one obstacle that could cause problems for Vice President Pence if he decides to certify the Trump electors over the Biden electors from the seven above-described contested states. The Trump electors in those same contested states technically have no legal standing, and House Representative Gohmert's lawsuit is aimed at disposing of that obstacle.
1. Vice President Mike Pence's Discretionary Authority To Overturn The Presidential Election Results Legally Falls Into A Gray Area
According to the 12th Amendment to the United States Constitution, Vice President Pence does have the discretionary authority to select the Trump electors over the Biden electors from the seven above-described contested states. However, here is the problem. The governor and the legislature from each state jurisdiction of our nation has the right to submit two different election results from each state, resulting in dueling electors. It may appear to the public that the seven above-described contested states underwent this exact process, but they really didn't.
It was actually the Republican party in those same seven contested states rather than their legislatures who selected the Trump electors. Therefore, the Trump electors would not technically have legal standing in the vote counting process on Capitol Hill on January 6, 2021. Chris Chappell explains this entire concern in his YouTube video below.
Chris Chappell Expresses Concern Over Wrinkles In The Selection Of Dueling Electors
Because governors in the seven above-described contested states misused the COVID-19 pandemic to prevent legislatures in their states from meeting to contest the election results and select Trump electors, it is possible that the Congress may go ahead and recognize those Trump electors so that Vice President Pence can certify them over the Biden electors to deliver the presidency to President Trump instead of former Vice President Biden. The Amistad Project has a lawsuit pending to ensure that Vice President Pence and the Congress will be unable to count the Biden electors from at least five of those contested states, which would at least generate a contingent election, if not a Trump presidential victory. Those five contested states are Arizona, Georgia, Michigan, Pennsylvania and Wisconsin. House Representative Gohmert's lawsuit, if successful, would guarantee Vice President Pence's discretionary authority as described further back herein on January 6, 2021.
2. Vice President Mike Pence Will Likely Act In President Donald J. Trump's Favor On January 6, 2021
Vice President Pence was scheduled to travel to Israel on January 6, 2021. However, because he will be playing a critical role in deciding whether or not the 2020 American presidential election will be overturned in the January 6, 2021 joint session of Congress, he has cancelled that same trip. He will confront a very difficult decision, but the fact alone that he is making sure to be there is indicative that he will be acting in President Trump's favor rather than in former Vice President Biden's favor on that day. Michael Lewis of the YouTube channel called "The Eye Opener" explained these events in a YouTube video. Unfortunately, it appears that YouTube has deleted his video.
Even though Vice President Pence has not come out and said that he would definitely act in President Trump's favor in his role in the joint session of Congress on January 6, 2021 and beyond, his actions have been indicative that he may at least refuse to certify the Biden electors from the seven above-aforementioned contested states and remand the matter to the United States House of Representatives for a contingent election. If he does so, President Trump still has a better chance of getting a second term in the Oval Office than former Vice President Biden has of being inaugurated as president on January 20, 2021.
3. Senator Josh Hawley's Actions Could Set The Stage For Overturning The 2020 American Presidential Election
Senator Hawley could be the one Congressman who breaks open the dam to invalidate former Vice President Biden's victory in the November 3, 2020 presidential election here in our nation. He and numerous other Republican lawmakers on Capitol Hill will be presenting evidence of voter fraud and the likes at the joint session of Congress on January 6, 2021 to build their case against the certification of the Biden electors from the seven above-aforementioned contested states in the submissions of the United States Electoral College.
Republican lawmakers on Capitol Hill will have the golden opportunity to expose all of the voter fraud and polling procedural derelictions related to the 2020 American presidential election to the entire world at the joint session of Congress on January 6, 2021, and the mainstream news networks will no longer be able to cover any of it up from the public from that point on inasmuch as impartial television networks like C-Span will likely be broadcasting this same joint session of Congress or at least somebody will be recording it to post on the Internet.
According to Dr. Steve Turley, RINO Republicans are going to feel pressure from their constituents to mirror their votes to the numerous Republican lawmakers on Capitol Hill posing objections to the certification of the Biden electors in the seven above-aforementioned contested states, because they won't want to risk their constituents voting them out of office in the near future. Even Senator Mitch McConnell will experience the pressure to join in the efforts of other Republican lawmakers on Capitol Hill to overturn the 2020 American presidential election. Dr. Turley explains in his YouTube video below why he feels very optimistic that everything will go in President Trump's favor at that joint session of Congress.
Dr. Steve Turley Explains What Events Should Unfold In The January 6, 2021 Joint Session Of Congress
Dr. Turley explains in his YouTube video above that the debates that will be conducted at the above-described joint session of Congress could last anywhere between 12 to 100 hours. If these debates go on for 100 hours, our nation may be confronted with the possibility of an acting president being sworn in temporarily on January 20, 2021. In any event, after all the voter fraud and polling procedural derelictions are exposed at this joint session of Congress, the mainstream news networks are going to have to begin acknowledging these factual findings as presented; although there will be some pushback from them.
4. Leftists Are Going Into An Erratic Panic Now That Former Vice President Joe Biden May Lose His Presidential Victory
Now that it is possible that the Republican lawmakers on Capitol Hill may succeed in overturning the 2020 American presidential election with the help of Vice President Pence, Democrats are panicking all over the nation and behaving in ways that are dangerously erratic. Some of them are going as far as making false accusations of criminality against elected officials for merely exercising their rights under the United States Constitution to challenge the election outcome. YouTuber Black Conservative Patriot described these same incidents in a video that he had posted on YouTube. Unfortunately, the video has been taken down.
Anyhow, President Trump has invited Americans to join a demonstration in Washington, D.C. on January 6, 2021 to urge the Congress to do the right thing and overturn the 2020 American presidential election. There can be no question that this presidential election will be the most contested one in the history of our nation.
The Congress that was in office back in 1887 made the mistake of getting the Electoral Count Act of 1887 ratified, because an amendment to the United States Constitution can only be repealed by the passage of another amendment rather than by the passage of a Federal statute. For this reason, House Representative Gohmert is seeking to strike down this same law as being unconstitutional in that it goes into clear conflict with the 12th Amendment to the United States Constitution.
Even though I do not doubt that House Representative Gohmert got his lawsuit against Vice President Pence placed on the rocket docket, this matter will not likely go to a court hearing before January 6, 2021. However, he has put safeguards in place by seeking emergency court orders from the judge in this matter to address any issues that come back up on January 6, 2021 and beyond.
Biden supporters are likely jumping for joy after hearing recent news about Vice President Pence seeking to dismiss House Representative Gohmert's friendly lawsuit against him. Well, they shouldn't get too excited, because Vice President Pence is not trying to make this lawsuit go away altogether.
5. Vice President Mike Pence Seeks To Get House Representative Louie Gohmert To Name Different Defendants In His Lawsuit
Vice President Pence has no problem with House Representative Gohmert's lawsuit itself. The only reason that he is seeking to get the judge in that matter to dismiss that same lawsuit is because he believes that House Representative Gohmert's goals would be better served if he named the United States House of Representatives and the United States Senate as the defendants in that lawsuit rather than him. In other words, Vice President Pence has been seeking to get this same lawsuit dismissed WITHOUT PREJUDICE. An attorney named Nick Rekieta explains in his YouTube video below what this lawsuit involves and why our vice president decided to seek its dismissal.
Nick Rekieta, Esquire Explains Vice President Mike Pence's Reasons For Seeking Dismissal Of The Lawsuit Against Him
The latest word regarding House Representative Gohmert's lawsuit is that it has been dismissed, but it appears that it can be easily refiled if certain guidelines are met. Therefore, it has not gone away altogether, and it will likely be back on the docket very soon.
Vice President Pence has not voiced whose side he is going to take. There are more clues that he prefers that President Trump get a second term in the Oval Office than former Vice President Biden get into the Oval Office at all. However, only time will tell what decision Vice President Pence makes on January 6, 2021.
Let's all keep a few things in mind. The laws pertaining to what Vice President Pence can and cannot do on January 6, 2021 are ones that have not been revisited in over a hundred years. Therefore, legal experts are needed to interpret them in terms of how they apply to this particular situation with our nation's recent presidential election. Also, elected officials and public officials in the seven above-cited contested states continue to challenge the reported election results in their respective states, and President Trump actually has until 12:00 P.M. on January 20, 2021 to overturn this entire election so that he can receive a second term in the Oval Office.
The elephant in the room here is that the Electoral Count Act of 1887 gives all the power and authority to the state legislatures to select the electors for their state, whereas the 12th Amendment to the United States Constitution delegates that same power and authority to our vice president. Doug TenNapel produced and posted a YouTube video that provided a layman's understanding of how this conflict between both laws affects what is going to happen in the joint session of Congress on January 6, 2021. He claimed that the United States Constitution occupied the higher ground than the Electoral Count Act of 1887. Unfortunately, YouTube has removed his video.
In my humble opinion, the Supreme Court of the United States ("SCOTUS") is definitely going to want to get involved in the question of which law applies to the vice president's role in the certification of the submissions from the United States Electoral College. That is, the Electoral Count Act of 1887 or the 12th Amendment to the United States Constitution? I seriously doubt that the Supreme Court Justices are going to practice partisan politics in their roles this time, because determining which would be the governing law in this event is extremely important to our nation and they are going to want to come to a conclusion of what the legislative intent was of the authors of these same laws.
We are all going to witness a very different side of the SCOTUS in this particular matter, because it could have a very strong impact on how future presidential elections are conducted in our nation and their decision will ultimately resolve whether this particular election should be overturned. None of them will be able to hide in their chambers this time as they have done on previous matters concerning this same presidential election. A YouTube video below shows House Representative Mo Brooks describing to Judicial Watch President Tom Fitton the kinds of complications that could ensue at the joint session of Congress on January 6, 2021 in that Democratic lawmakers on Capitol Hill are likely going to be pulling every trick in the book to get former Vice President Biden into the White House whether it be by hook or by crook.
Judicial Watch President Tom Fitton Interviews House Representative Mo Brooks
January 6, 2021 is going to mark a day in American history in that our nation has arrived to a very critical fork in our future's road. However, if the 2020 American presidential election is overturned and President Trump is granted a second term in the Oval Office, then we all need to prepare ourselves for former Vice President Biden to suffer a major emotional meltdown once he finds out that he is not going to be inaugurated into the Oval Office on January 20, 2021 or likely ever. The men in white may even have to be called in to haul him off to the funny farm. Of course, the mainstream media will likely throw him a pity party.
6. My Conclusion To This Topic
As January 6, 2021 continues to approach, Americans are becoming restless to find out how the joint session of Congress is going to turn out and who is ultimately going to become our president on January 20, 2021 or however soon a resolution can reached in that regard. Vice President Pence is confronting two conflicting laws in the form of the Electoral Count Act of 1887 and the 12th Amendment to the United States Constitution. Whichever law he decides to follow, let's all hope that he makes the right decision and spares our nation the indignities of a Biden administration.
President Trump's pursuit of justice in overturning the 2020 American presidential election has not been without its difficulties. Our nation has not encountered a situation of this nature since the 1800s; and because none of the people who were involved in utilizing the United States Constitution and the existing laws back then to challenge the outcome of a presidential election are still alive, nobody will be able to consult with any of these same individuals. Once any of these issues end up in the SCOTUS, the Supreme Court Justices are going to face the challenge of trying to discern what the authors of the laws that governed these situations had on their mind when they wrote them over a hundred years ago.
Even if and when President Trump does get a second term in the Oval Office, the fight is not going to be over. People in the Biden Transition Team are likely going to challenge any resolution that keeps their candidate out of the White House on or after January 20, 2021. However, once President Trump is in the White House on January 20, 2021 or however soon a resolution can be reached to put him there for a second term in office, the chances that former Vice President Biden will ever become our nation's president will decrease significantly.
A Poll For Americans Who Are Curious About Our Nation's Future
This content is accurate and true to the best of the author’s knowledge and is not meant to substitute for formal and individualized advice from a qualified professional.
© 2021 Jason B Truth
Jason B Truth (author) from United States of America on March 02, 2021:
Ladies and gentlemen? This is to inform you that I published the article above of mine on January 2, 2021. However, because YouTube deleted one of the videos that I embedded therein, I had to edit my article to reflect that the video was no longer available and, therefore, the date on my article is reading as March 2, 2021. I apologize for any confusion this may have caused.
Jason B Truth (author) from United States of America on January 02, 2021:
@MG Singh emge It turns out that there is a likelihood that Pence will go down that same road. This video here was recently posted about it: https://youtu.be/2NO2c9WpTZo
MG Singh emge from Singapore on January 02, 2021:
If the scenario you have painted is correct and Pence has a veto then he should exercise it in favor of Trump.