Just going to be honest, we really need Pence to come through today.
Nothing else has gone our way up until now. Jenna Ellis makes it sound like Trump won't use the Insurrection Act. The chance of the house and senate giving a majority vote on the contested votes on the 6th is low as well. I don't know what happens if only one house votes to throw them out though.
lawsuits are still active but the January 6th option isn't as good as some are making it to be.
3 U.S. Code § 12 - Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate
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 or, if he be absent from the seat of government, the Archivist of the United States shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate and list lodged with him by the electors of such State; and it shall be his duty upon receipt of such request immediately to transmit same by registered mail to the President of the Senate at the seat of government.
It doesn't even begin to make the slightest sense, because it completely conflicts with the 12th Amendment to the Constitution:
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;
How could the President of the Senate ever know - on December 23rd - whether he has received a "certificate of vote" when he's not supposed to open the envelopes until January 6th?
Is the dude supposed to hold it up the a candle and try peeking through the paper?
This provision is clearly referring to "lost in the mail" situations, and does not purport to require that the President of the Senate should have to determine whether the letter contains a certificate. It says he must notifity the states if it appears that they haven't submitted what they're going to submit. Whether he's going to reject what they've submitted is a different question... and an open question. The evidence is still coming out.
Maybe he thought there was a legit certificate in it today, but tomorrow he learned new information.
Just going to be honest, we really need Pence to come through today.
Nothing else has gone our way up until now. Jenna Ellis makes it sound like Trump won't use the Insurrection Act. The chance of the house and senate giving a majority vote on the contested votes on the 6th is low as well. I don't know what happens if only one house votes to throw them out though.
lawsuits are still active but the January 6th option isn't as good as some are making it to be.
I disagree because, this is the relevant statute:
It doesn't even begin to make the slightest sense, because it completely conflicts with the 12th Amendment to the Constitution:
How could the President of the Senate ever know - on December 23rd - whether he has received a "certificate of vote" when he's not supposed to open the envelopes until January 6th?
Is the dude supposed to hold it up the a candle and try peeking through the paper?
This provision is clearly referring to "lost in the mail" situations, and does not purport to require that the President of the Senate should have to determine whether the letter contains a certificate. It says he must notifity the states if it appears that they haven't submitted what they're going to submit. Whether he's going to reject what they've submitted is a different question... and an open question. The evidence is still coming out.
Maybe he thought there was a legit certificate in it today, but tomorrow he learned new information.