Law Prohibits Pence From Accepting Electoral Votes From Fraudulently Certified States – Constitutional Lawyer
Citing the United States Constitution and U.S. Code, Constitutional Lawyer Ivan Raiklin says it is Vice President Mike Pence’s duty to instruct states to expeditiously send their Electoral College Certificates immediately if they have not been received.
U.S.C. 12 explains that “When no certificate of vote and list mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate … shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate…”
Beyond the allegations and evidence of widespread fraud presented by both President Donald Trump’s legal team and independent lawyers and witnesses across the United States, several states have now sent competing slates of delegates to Washington, D.C.
Covfefe Coffee
Additionally, Republicans in Pennsylvania and Arizona have asked the U.S. Congress not to accept the votes assigned by the state’s Secretary of State, suggesting they represent fraudulent election results.
Should Pence take this action, he is then instructed by the law to request these states immediately send accurate Electoral College Certificates before January 6.
Raiklin told National File that Pence will essentially force states to reclaim their Constitutional power to appoint Electoral College votes.
“That forces State Legislatures’ hand,” said Raiklin. “Pence can force the legislatures to reclaim their Constitutional power, hold a session, and appoint the Electoral College votes themselves as the Supreme Court did not address this issue.”
According to Raiklin, the Constitution would allow these states to be completely stricken from the Electoral College if Pence should refuse to accept them, and the number of Electoral College votes required to win would shrink dramatically from 270. President Trump would win under a simple majority of Electoral College votes, 232-227, without any risk of triggering a contingent election.
While many legal scholars have indicated there is ambiguity about how Electoral Votes are accepted, the media has maintained that Biden’s electoral win was secured on December 14, and will be confirmed on January 20. However, Raiklin tells National File he is willing to defend his analysis.
“I challenge any attorney anywhere to fact check this. If you have a different legal analysis, prove it.”
Should Republicans push for a contingent election, President Trump’s victory would again rely on Pence to cast the tie breaking vote after the House and Senate are deadlocked on whether battleground states Arizona, Georgia, Nevada, Michigan, and Wisconsin should be stricken from the total. Should neither candidate reach 270 votes, a contingent election would almost certainly see President Trump reelected by a vote cast by individual states, not Representatives, in the House, and Vice President Pence reelected in the Senate.
President Trump and his Republican allies in the House of Representatives and potentially the Senate have been preparing for an Electoral College contest on January 6 that may well lead to a contingent election. According to Raiklin, this would spare the country from this almost wholly uncharted territory.
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WadeBaker
3 years ago
Welp, there ya have it. Guess we’ll have to sort this mess out.
Maybe we’ll start tonight. Do things right.
I doubt it, but anytime I can interject some Dwight Yoakum lyrics, it’s a good post.
FishsticksForMe
3 years ago
Lol, the unhinged orange dictator continues to show his mental instability. He’s way past time for tranquilizers, a straight-jacket, and a padded room. Now that Newsmax just retracted its own bogus “election fraud” reporting in HUMILIATING reversal after being threatened with lawsuits, Donald’s going to have to join Parler when he loses his Twitter POTUS account. It’s pretty much the only outlet he has left to rant, and he’ll fit right in with his wacko cult.
LOL, the unhinged S o r o s trols try to troll here. Actually all you’ve just mentioned is a pure Fascist tactics and you are proud of it. Not a wonder. BTW the article above is not about Trump making decisions in any shape and form. You’ve made a stupid and a robotic reply.
This dude is all about posting his “wisdom” here. He has no intention, and probably no ability, to defend his pronouncements. Critical thinking functionally does not exist to people like him- but hey, he has lots of company on this site in that regard.
If Soros is paying this one to troll around, he should get a refund. This one couldn’t fight its way out of a paper bag. It makes a pet rock look intelligent too.
Whoever you are that replied to me, you were blocked. Life is good without your silly replies! Keep posting to yourself. I don’t mind. Do have the last word too! LOL!!!!!
Such a poorly little educated fishsticks. Even when given the direct, verbatim quote, from it’s own link, wherein there was NO retraction, our little elderly cat lady continues to spout that same lie.
Such a poor, poor little uneducated little thing, little fishsticks is.
I doubt if anything loves her. On another topic, regarding her: Can you imagine the stench, emanating from her welfare senior apartment, due to ninety-seven cats using it as their litter box?
She loves herself in her little world. She probably weighs 400+ pounds, never out grew acne, hates unaltered males and tries to catch the eye of females. It’s just more “diversity.”
But, you can see here there are connections between Smartmatic, Venezuela, and Soros. Smartmatic does not sound like an American company. And, there are even connections with a drug dealer shown here.
I forgot about that one….Too many freaks to keep up with.
That shopping spree was a very wise move. Biden is definitely going to take the wall down and undo the asylum agreements with the trash countries we had been keeping out.
Their own countries don’t want them. In fact it is so bad that when they went to match up the their unwanted kids with their parents in their home countries, the PARENTS didn’t want them. No lie!
I am not kidding you. I don’t know what they did with the kids. Maybe because they weren’t going to get chain migration they disowned them. They’d load up the girls with birth control, knowing they’d get raped and molested on the way but hey, chain migration was all that mattered.
Hey dimwit its not his cult.
Trump was installed on OUR behalf to represent us- actual real Americans- not the plastic banana jokers such as yourself or the Marxist sycophant morons you willingly bend over for while living off what people like us built for you to enjoy.
Your pathetic crew couldn’t build anything and never did but only tear it down like a troop of rampant Baboons.
felix1999
3 years ago
Isn’t that IF the Senate and Congress recognize the fraud?
That’s where it gets fuzzy for me. Isn’t that tied to one from Congress and one from the Senate objecting to the electoral college vote being based on fraud votes? Then they are supposed to separate and debate it.
I am unclear as to what happens after the debate done separately by Congress and the Senate. Doesn’t Congress and the Senate take a separate vote on it? If they do what if the outcome is to accept the fraud electoral slates? Then what? Maybe someone else can clarify that. I am not sure I understand the full process of when Pence steps in and what the requirements are for Pence to step in.
Don’t misunderstand. I’d like to see Trump get a second term. I just have questions on their rules and procedures. Trump is taking multiple paths to try and secure his rightful win. I hope he is successful.
Regardless the LEFT won’t take this lying down. They are so close to pulling if off and the U.S.S.C. of jesters doesn’t appear to be on our side. Alito and Thomas were most disappointing…..
The justice system is no longer a system to dispose justice. I can’t really blame people for storming the Oregon statehouse yesterday.
felix1999
3 years ago
Atrocious rhetoric!
Nancy Pelosi: I’ll Pull Trump Out of the White House ‘By His Hair’
‘I’m counting down the hours ‘til he’s gone’
By: Daniel Newton @NeonNettle on 22nd
Rep. Pelosi (D-CA) said she planned to “pull him out of there by his hair during a meeting with her leadership team.”
“I’m counting down the hours ‘til he’s gone,” Pelosi said.”I plan to pull him out of there by his hair, his little hands, and his feet,” Pelosi said, Politico reported.
The House Speaker remarks came as Democrats and Republicans negotiated a massive 5,593 $2.3 trillion coronavirus relief funding bill.Pelosi and Trump have not spoken for over a year after she accused the president of having a “meltdown” during an October 2019 meeting at the White House. (LOL)
…
When Trump was asked in September why he stopped talking to Pelosi over the coronavirus relief bill, he said:“I am taking the high road.”
“I’m taking the high road by not seeing them. That’s the high road.”
Pelosi asserted Trump would be leaving the White House, “whether he knows it yet or not,” even if he “has to be fumigated.”
Ya only need Pence to refuse the fraudulent states electors do you think this man of FAITH will not do it to protect GOD in this country we will find out today.
You are putting Nancy and Civilized in the same sentence? You can put Nancy and Civil War in the same sentence, because she is going to help start one.
I was just discussing the movie Die Hard with someone. I would love to get up on Christmas and find a package at my door with a note that says “Now you have a machine gun and ammo. HO HO HO.”
I was just discussing the movie Die Hard with someone. I would love to get up on Christmas and find a package at my door with a note that says “Now you have a machine gun and ammo. HO HO HO.”
You also. I will be up very late tonight. We had a small flood last week and I’m going to try and put a lot of stuff that wasn’t destroyed back. I usually work better at night. Merry Christmas and Happy New Year.
Not only OK but appropriate….she IS insane !! Thank you and G-d bless !! Happy Hannukah, Merry Christmas & Happy and Healthy New Year to You and Yours as well, Sir !!
Will her botox allow that much activity on her part?
felix1999
3 years ago
Mark Levin: Supremes sit idle while Constitution is violated
‘What the hell’s the point of this court?’
By Bob Unruh
Published December 21, 2020 at 6:22pm
…
Mark Levin
Constitutional scholar and political commentator Mark Levin is wondering just what is going on with the Supreme Court.
He didn’t put it quite that mildly, however.
“What the hell’s the point of this court?” he demanded on his “Life, Liberty & Levin” show Sunday night on the Fox News Channel.
He said the U.S. Constitution was deliberately violated in battleground states where President Trump is contesting the outcome. Pennsylvania illegally expanded mail-in balloting without a required state constitutional amendment, for example. And state judges, secretaries of states and governors made changes the U.S. Constitution reserves to state legislatures.
He said Trump has defended that constitutional provision in his lawsuits, but the Supreme Court has done exactly “nothing.”
“Those individuals on that court, those justices took an oath to uphold the Constitution, and they’ve utterly failed us,” Levin said.
Georgia, Pennsylvania and other states are guilty, he said.
Such disputes are “why we have a Supreme Court,” he said.
“They have done a grave disservice to this country,” he said of the justices. “We will pay the price for this in elections to come.”
The changes in state law have been implemented mostly by Democrats, Levin said, “because they wanted an election process in place where they can take what used to be fraud and count it.”
He faulted media for refusing to cover the violations of the Constitution but said it is up to the Supreme Court to enforce the law.
“What the hell’s the point of this court?”
In a key case, the court refused to hear Texas’ claim that the constitutional violations in four states in the presidential election harmed Texas voters.
The high court claimed Texas didn’t have “standing,” essentially an interest in ensuring that other state presidential elections were constitutional.
The court declined to explain how fraudulent votes in one state in a national election would not in any way impact legitimate votes in another state.
Admittedly I am not a huge fan after he supported Cruz, and hung around with nutcase Glenn Beck back in 2016 against Trump BUT he does know the Constitution and law! Better hope the Supreme Court doesn’t need to get involved in this….
Roberts doesn’t believe in the Constitution anymore. He is more concerned with the safety of his family. Bill nailed it. He has been gotten to, as have plenty of others.
In any states where there is video evidence, still photo evidence, and/or affidavits signed under threat of perjury submitted as evidence of fraud, constitute sufficient cause to contest the submitted elector’s votes.
What seems to be missing is the number of votes in each State in comparison to the number of registered voters…
If there’s more votes then legal voters you’d think that would disqualify the entire State unless is was legally rectified…?
Bill
3 years ago
The law says you’re not supposed to change an election by cheating, but people have.
PHAETOR HERKAN
3 years ago
THE US PRESIDENT’S MOST ADEQUATE AND MOST NEEDED CHRISTMAS GIFT IS TO PROTECT THE CONSTITUTION AND THE PEOPLE OF THE USA.
THE ENEMIES INSIDE AND OUTSIDE THE USA ARE ACCELERATING THE DESTRUCTION OF THE USA AND ITS CITIZENS :
WITH FRAUD, WITH LIES, WITH CENSORING, INTIMIDATING, MURDERING PEOPLE.
ALL OF THIS MUST BE STOPPED ASAP TO PREVENT A CIVIL WAR WITH NUMEROUS INNOCENT VICTIMS !
WE MUST BE PREPARED FOR THE WORST !
IN ORDER TO SAVE THE USA AND THE FREE WORLD:
S T A T E OF E M E R G E N C Y – M A R T I A L L A W !
M
A
G
A
BE PREPARED FOR THE WORST !
Steve
3 years ago
If it goes down like described, I hope it does, Our Forefathers that wrote the Constitution were geniuses then and even today !!
Bikinis not Burkas
3 years ago
I live in Australia and I can tell that the world needs Donald Trump again in the White House, then the world needs him to ban the terrorist document called the Quran.
Patriotliz
3 years ago
If the demented, illegitimate, corrupt Biden is allowed to be installed as the ChiCom puppet POTUS, that would be a disaster for America and for the Free World. Republicans and VP Pence should do their duty as Patriots for America to stop the Bidenista Regime, come what may in terms of riots from the Democrat Communist insurgents who seek to overthrow America and burn it to the ground. Enforce the Insurrection Act. This is a Civil War.
Je Suis Prest
3 years ago
I stand with Thomas Jefferson & Ben Franklin.
I agree with Capt John Parker – whole-heartedly
The ORACLE
3 years ago
A great site that depicts evil, wicked, nasty BoozeHound, houseSpuker Peltossa perfectly and hilariously is the United Spot. Check it out!
k33j88
3 years ago
The judicial branch has been compromised, as well as many in the GOP. We all know those affiliated with the Democrats are communists. Invoke the insurrection act, suspend habeas corpus, declare marshall law, call up the 405th battalion .
How is invoking Insurrection Act, suspend Habeas Corpus, declare Marshall Law, call up the 405th battalion . going to change the corruption in the Judicial branch?
The insurrection act gives the POTUS the power to arrest those involved in the active overthrow of our republic.
Pyrthroes
3 years ago
We got laws… count ‘em, Laws. Citing the United States Constitution and U.S. Code, Constitutional lawyer (all rise) Ivan Raiklin says Vice President Mike Pence must dutifully remind forgetful States to forward Congress their certified Electoral College slates immediately. Yeh, that’ll do it… and suppose they don’t?
Why, yes: U.S.C. 12 provides a remedy… as if Soros-sponsored State AGs gave one Rat’s derriére about Constitutional anything, most especially honest ballots, popular sovereignty under any circumstances but corrupt, degenerate Rat Rule. But hey, this officious word-string is just the U.S. Code, “open to interpretation” as suborned Roberts Courts would say. If Rat-infested States cared one iota for bloviating U.S. Codes, there’d be no Soros-instigated blanket fraud.
C’mon, man– we don’t need no stinkin’ laws. If Law’s your game, pass us the toilet paper.
Michael Jacobs
3 years ago
Pence has already said Biden won.
McConnell has already said Biden won.
Even PAT ROBERTSON and GERALDO have already said Biden won.
And Fox News didn’t suddenly become more liberal. They just saw reality.
Meanwhile, Trump is doing NOTHING to govern the country, in the midst of a raging pandemic and massive Russian interference in our government. Just more indication that Putin had grabbed Trump by the short hairs, and has been holding on tight, for years now. Trump is doing his damnedest to keep us from ever knowing why and how, but that much is obvious: Trump’s a Russian lackey.
How’s that veto of the massively bi-partisan defense spending bill working for ya? You KNOW the only reason Trump did it is to spite McConnell for his “disloyalty.” And probably because Putin told him to.
Trump knows he is on the way out, and is burning down the house on his way out the door.
C’mon, folks, hop off of the crazy train before it crashes and burns.
Trump is not the savior of American constitutional order. He’s its biggest danger.
I support what Trump accomplished in the Middle East. But that doesn’t change any of the above. And I’m still glad he will be gone.
You’ll love Biden. The trouble is he will still hate you. He will doubly hate you if you are Jewish.
Saving the middle won’t save you either. It’s just a temporary peace.
During this lame duck time. Trump has been accomplishing things but you are not interested in that.
The massive bill is VETO proof. He may do a pocket veto. That’s over your empty head so go back to your truth insulated little world.
SpeakandDo
3 years ago
We shall see if Mike Pence has the cahonies to stand. I pray that he does, but his form of Christianity is weak and lacks the zeal for righteousness and justice, as is the case with most American Christians, in my opinion.
SpeakandDo
3 years ago
We, the majority, give place to small minorities time and again, as if we have no power. “As a man thinks, so is he.”
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