Pence Card -OR- GOP No Longer Relevant


John R. Houk, Blog Editor

© December 27, 2020

On January 6, 2021Vice President Mike Pence apparently can unilaterally save the Republic by invalidating criminally acquired Electoral votes or do nothing insuring the destruction of the Republican Party. Unless President Trump has an alternative plan to overrule a criminal election coup, Pence inaction on 1/6 solidified a Biden/Harris path to a 1/20 Dem-Marxist Inauguration. It is my opinion – my hope – such a 1/20 travesty will lead to an armed rebellion making the Antifa/BLM Marxist paramilitary look like an amateur hour.

If the Republic miraculously survives a Biden/Harris Inauguration, a new Patriot-friendly political will emerge to replace Deep State infected Republicans. Just as the national landscape of the Whig Party disintegrated over the issue of slavery, the Republican Party will disappear because American Patriots want nothing to do with a corrupt government ran by criminals and do-nothing Republicans.

So, Pence, do we prolong a Republican Party under a Trump second term or do Patriots start looking for name options for a new relevant Political Party?

JRH 12/27/20

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It’s for Mike Pence to Judge whether a Presidential Election Was Held at All

 

By Ted Noel

December 26, 2020

American Thinker

On January 6, a joint session of Congress will open with Vice President Pence presiding as president of the Senate.  His power will be plenary and unappealable.  You heard that right.  As president of the Senate, every objection comes directly to him, and he can rule any objection “out of order” or “denied.”  His task will be to fulfill his oath of office to protect and defend the Constitution of the United States and to ensure that the laws be faithfully executed.  This is a high standard of performance, and V.P. Pence will have two choices.  He can roll over on “certified” electors, or he can uphold the law.

Article II, Section 1 of the Constitution gives state legislatures “plenary authority” as enunciated in Bush v. Gore.  This is key, since the counting of votes is discussed in Article II, the 12th Amendment, and 3 USC 15.  To this we must add the history of counting and objections recounted by Alexander Macris (here and here).  Put bluntly, it’s as clear as mud.  Add to that the fact that the contested states of Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania, and Wisconsin have sent dueling slates of electors to D.C.  This means that the V.P. has to decide how he will handle the situation when two sealed envelopes are handed to him from any of those states.

Macris points out that in 1800, even with constitutional deficiencies in Georgia, Thomas Jefferson blithely counted defective electoral votes from Georgia, effectively voting himself into the presidency.  This demonstrates that the president of the Senate is the final authority on any motions or objections during the vote-counting.  There is no appeal.  That doesn’t mean there won’t be any outrage.  Whatever Pence does, people will be angry.  But what does the law demand?

Seven contested states clearly violated their own laws.  Rather than list the facts, which have been detailed in multiple articles, we must consider the following:

An election is a process of counting votes for candidates. Only valid, lawful votes may be counted.  A valid lawful vote is:

  • Cast by an eligible, properly registered elector as prescribed by laws enacted by the state Legislature.
  • Cast in a timely manner, as prescribed by laws enacted by the state Legislature.
  • Cast in a proper form as prescribed by laws enacted by the state Legislature.

Any process that does not follow these rules is not an election.  Anything that proceeds from it cannot be regarded as having any lawful import.

Most commentators suggest that a process of collecting pieces of paper with marks on them is an election regardless of errors, omissions, and even deliberate malfeasance.  This is a mistake.  Imagine a golf tournament where every bad shot by one player gets a do-over, but the competing player has to follow USGA rules in detail.  One player gets to drop freely out of hazards, but the other has to tackle every embedded ball as it lies.  The result is a travesty.

The same thing applies to elections.  If there are a handful of improper votes, we can suggest that there was in fact an election, perhaps tainted, but the election wasn’t materially harmed.  But when the people charged with managing the election decide to ignore the law, whatever process they supervise is not the process defined by the law.  Therefore, it is not an election.

This leaves V.P. Pence with a dilemma.  He is a gentleman who regards our governmental traditions with a degree of reverence, so he will be reluctant to take any bold action.  But as an honorable man, faced with massive illegality, he must act to protect the law.  Consider how things might go down as the two closed envelopes from Georgia are handed to the V.P.  Rather than opening them, he says:

In my hand are envelopes purporting to contain electoral votes from Georgia.  They are competing for consideration, so it is essential that I consider the law that governs this.  That law, according to the Legislature of Georgia and Article II, Section 1 of the U.S. Constitution is the Georgia statute that includes procedures for signature-matching on absentee ballots, a requirement that all absentee ballots be first requested by a legitimate voter, and that election monitors be meaningfully present at all times while votes were counted.

The Georgia secretary of state, who is not empowered by the U.S. Constitution to make changes to election law, entered into a Consent Decree that gutted these protections enacted by the Georgia Legislature.  The processes that he prescribed and were ultimately followed were manifestly contrary to that law.  Further, the State of Georgia, in unprecedented concert with other states, suspended counting of ballots in the middle of the night, covering its conspiracy with a false claim of a “water main break.”  We now know from surveillance video that many thousands of “ballots” were counted unlawfully in the absence of legally required observers.

Finally, the State of Georgia, under the authority of secretary of state Brad Raffensperger, a non-legislative actor, used fatally flawed Dominion voting machines that have been demonstrated to be unreliable.  In testing, the error rate of Dominion machines has exceeded 60%, far in excess of legal limits.  They are designed to facilitate fraud without creating the legally required paper trail.  This alone is far more than enough to swing an election.

Since the state of Georgia has failed to follow the election law established by its legislature under Article II, Section 1 of the Constitution, it has not conducted a presidential election.  Therefore, no “presidential electors” were appointed in Georgia.  Further, “electors” “certified” by non-legislative actors pursuant to this process are in fact not “presidential electors.”  The competing slate of “electors” is similarly deficient, having not been elected through a presidential election.

Therefore, the chair rules that Georgia has not transmitted the votes of any presidential electors to this body.  Georgia presents zero votes for Donald Trump and zero votes for Joseph Biden.

The central point is that the VP, as the presiding officer and final authority, has the unquestionable authority to declare that the states in question have not conducted presidential elections.  There will be wailing and gnashing of teeth, but no one has the authority to override his decision.

The statement says nothing about who might or might not have “won” the contested states.  Rather, by not following their own laws, as enacted by their own legislatures, they have violated Article II, Section 1.  Thus, they have not conducted an election, and their results are void.

If the votes of all seven contested states are registered as zero, President Trump will have 232 votes, and Joe Biden will have 222.  The 12th Amendment says, “[T]he votes shall then be counted[.] …  The person having the greatest number of votes for President, shall be the President[.]”

In plain language, Donald Trump will be re-elected since he has a majority of the actual electoral votes.  There will be no need to involve the House of Representatives to resolve a contingent election.

Richard Nixon chose not to contest the 1960 election because he felt that winning that way would lead to an ungovernable country.  If V.P. Pence does this, that same argument might be made.  But is the country governable even now?  Blue states such as California, Oregon, Washington, New York, New Jersey, and Michigan are already operating in an openly lawless manner with their “emergency” “COVID-related” restrictions.  Their denial of the civil rights of law-abiding citizens is horrific.  Their refusal to do basic policing and law enforcement is a recipe for open war.  How much worse would things be if the V.P. lived up to his oath and upheld the law?

Ted Noel posts on multiple sites as DoctorTed and @vidzette.

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Pence Card -OR- GOP No Longer Relevant

John R. Houk, Blog Editor

© December 27, 2020

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It’s for Mike Pence to Judge whether a Presidential Election Was Held at All

 

© American Thinker 2020

Author: oneway2day

I am a Neoconservative Christian Right blogger. I also spend a significant amount of time of exposing theopolitical Islam.

32 thoughts on “Pence Card -OR- GOP No Longer Relevant”

  1. Objections to illegal delegations must be made in wrighting, signed by one member of the house and one senator. To date, several MC have indicated that they will object but no senator has officially joined them. Tubervill is inclined to object but the post turtle is trying to talk him out of it. There are too many hornless RINOs in the senate!! in case of a legal objection in proper form, each house has two hours for debate, then they vote.
    The electoral votes of three states would be sufficient to turn the tide.
    IMV, Navarro’s Pence Card scheme is unrealistic. He probably over interprets the statute and the states would just repeat their original submissions. The Gateway Pundit has the details.

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    1. The House GOP protest in the Senate with at at least one Senator giving it an impetus will fail because even if all Republicans in the Senate call fraud, the Dem majority in the House will cancel the Senate effectively giving Biden Congressional approval. The Pence Card does have some history behind it if you read the American Thinker article associated with this post. BUT it is a long shot mainly because I am convinced Pence does not have the cajones to tap into a novel Constitutional vehicle because of fear of national Leftist Deep State violence. The Conservative Patriots are going to have to realize the rule of law managed by a corrupt government will remove not protect Constitutional & Natural Rights. If Americans want to remain free my suspicion will have to fight against a lying vicious Left … OR lay down like sheep and do what they are told. As old as I am, I am refusing the sheep path and take the fight to win or fight to go down swinging path. The rule of law in America protects lawlessness and prosecutes American Patriotism as seditious.

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  2. Getting rid of the Republican Party is exactly what the Marxists in the Democrat Party want. Nancy Pelosi has even said so. A one party, two class system, the rulers and the ruled is what they have been aiming for all along.

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    1. Then let’s do MORE than get rid of the GOP. Let’s replace the Republican Party just as the the Republican Party replaced the Whig Party in 1856 and produced an Abraham Lincoln to preserve an American Republic.

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      1. No new party has succeeded since the founding of the GOP. None of the novel parties since then have gained traction. Even if all conservative Republicans would defect to the new party, the ‘crats would still win and take everything. Conservativers must purge the hornless Rinos.

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      2. The conservative Republicans need to find viable candidates to beat the Democrats before they purge anyone. The Marxists took over the Democrats by backing the conservative Democrat candidate, until the time came when they had a viable Leftist to run and then they beat the conservative Dem in the primary. The head RINOs have groups backing them that are not Republican. The Aspen Institute is a powerful Left-wing group who has backed many RINOs. And, there are other such groups.

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      3. In every community, build a Conservative slate for school board seats and campaign hard to recover control of education. Then, while maintaining that foothold, advance to city and county commissions. Legislatures come next. Meanwhile primary every RINO in congress at the first opportunity.

        Liked by 1 person

      4. Exactly. Calling all the concerned citizens: If you are out there and are willing to run for office or put in the work to back someone, or work at election time, etc., please come and help. We would greatly appreciate it. We do have fun activities along with the work.

        Liked by 1 person

      5. There are all sorts of other examples of people starting new political parties, to replace the Dems or Reps and instead them still being in existence, they are long gone. Who are you going to run as candidates in the new party? Who are you going to have work for the candidates, and who will the volunteers doing the grunt work be, and how long will they last? And, will any of them beat a Democrat in an election? There are conservative groups now, which are not affiliated with the Republicans, and there are new ones starting up, which anyone can join. I’m thinking of the NRA, Heritage, the Birchers, and many more. One or another of them are at the local level. There are quite a few religious groups who are active in politics on both sides. There are the new groups like Turning Point USA, and the Tea Party is still around, and there are local conservative clubs like Liberty and Prosperity, NJ. There’s one new group in AZ where a senior citizen Republican club is starting a new group with younger conservative people in it. And every county in the USA has a Republican county committee, and most of them can be found online. They would love to have volunteers.

        Liked by 1 person

    2. The House vote on the Protest of election fraud is a separate act than the House selecting a President due to lack of Electoral votes. The Pence Card nullifying illegal Electoral votes indeed sends Presidential selection to the House on a per state vote. The House Republicans finding a Senator to contest Election fraud triggers a two-hour debate in the Senate. If after the debate the Senate votes (Republican majority) to invalidate fraudulent Electoral, then the House (Dem majority) can either reject or validate Senate action. If by some miracle some Dems defect and join House Republicans to affirm the Senate on Election fraud, THEN selection of a President goes to the House on a per State basis. HENCE the Pence Card does not need the House to send the Election to the House for a per State vote on the next President. The Pence Card (i.e., if Pence has the bravery to act on the Constitution though in a precedent setting matter) is the quickest route to a per State vote in the House.

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      1. Pence carfd will not stand in court, and pence is not likely to play it, In the case of objections properly filed, the house votes by delegations, not by members. GoP controls the majority of delegations.

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  3. The Corsi Nation. com has an interesting article on the rise of the MAGA Party, which I haven’t had time to read, but it seems interesting and on topic.

    Liked by 1 person

  4. I would LOVE for the Pence to go to Court! THEN THE cOURTS WOULD BE FORCED TO HEAR THE EVIDENCE OF ELECTION FRAUD. The Courts have been cowardly using Standing to ignore evidence. The Pence Card would force Evidence based on Merits.

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    1. Legal counsel will tell Pence not to try it. Navarro’s analysis of the law is faulty, enough so that even i can spot it. The litigation would not allow evidence of fraud, only the meaning of the statute.

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      1. As long as Courts manipulate judicial process with an arbitrary determination of Standing, the mountain of Merits of the existence of evidence will be ignored. Translation: Courts are now as corrupt as the Dems. Courts ignore Constitution. Legislative Branch ignores Constitution. Too much Deep State in Executive Branch to follow Constitution. What is the only course available for WE THE PEOPLE? I know that course. Does anyone else?

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      2. The people do not have rockets, artillery, helicopters, jet fighters or bombers, the Deep State does and the Pentagon has been stuffed with Deep Staters.

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  5. The PEOPLE don’t have the big weapons – true. I wonder if authorities with conscience will obey Deep State orders on a mass uprising of THE PEOPLE? OR will many ignore Deep State orders and turn the big guns on the Deep State? Only one way to find out. Sheeple need not participate.

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      1. Dajjal I pray you are wrong because a bloody mess of American Patriots who refuse to be sheeple could come forth OR if am correct a lot of Deep Staters who have violated the Constitution could face Patriot justice. Time will tell: Sheeple compliance, Patriot bloodbath, Deep State Justice or a combination of all.

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      2. My prayer is for peace, not uncivil war, for the death & damnation of Biden, the deep state denizens , Antifa & BLM. I pray for Congress to have the fortitude and fidelity to do the right thing Nov. 6.

        Liked by 1 person

    1. This is not completely on topic, but here’s a twitter site of a RINO lover. He used to be a RINO, but now calls himself the un-Republican. He was pals with John McCain, and Cindy McCain is still doing politics with him in order to hurt the Republican Party and President Trump. The actual Republican Party activists are not like these people. https://twitter.com/grantwoods?lang=en Grant Woods, Arizona is a Progressive who used to hide it.

      Liked by 1 person

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