Donald Trump furiously claimed Tuesday night that Mike Pence could turn the election result on Wednesday in Congress with one hand – and denied that the Vice President told him he couldn't.
The president made a statement after the New York Times reported that Pence told him over lunch that he had no constitutional authority to "decertify" state electoral rolls when chairing Congress to confirm the election result.
But Trump called this "fake news" and then outlined an extraordinary plan to either get Republican lawmakers to send Trump voters – or to put the election under the 12th Amendment to Congress, which could then vote for Trump .
"Decertifying" the results would plunge the country into constitutional crisis, but Trump claimed Pence was "totally in agreement" that he "has the power to act".
Trump's statement publicly got Pence going after a print campaign that has been going on privately for weeks and exploded in public on Monday night at Trump's Georgia rally and then on Tuesday on Twitter.
"The New York Times report on comments that Vice President Pence allegedly made to me today is false news," Trump said in a White House statement.
& # 39; He never said that. The Vice President and I agree that the Vice President has authority to act.
“The November 3rd elections were corrupt in the contested states and, in particular, they were inconsistent with the constitution as they changed electoral rules and regulations on a large scale as dictated by local judges and politicians, not state lawmakers. This means that it was illegal.
Bringing Bad News: Mike Pence was spotted at the White House Tuesday after Trump tweeted that the Vice President could disqualify the electoral college votes. Pence was on his way to tell Trump he couldn't
Trying to ease the blow: Mike Pence told Trump he could try to acknowledge his fraud claims – driven in part by his own fear that the confirmation of Joe Biden's victory would be used against him
Trump's tweet is bogus and Pence doesn't have the power the president claims
& # 39; Our Vice President has several options under the U.S. Constitution. He can decertify the results or send them back to the states for modification and certification.
"He can also decertify the illegal and corrupt results and send them to the House of Representatives for a vote on a state table."
Significantly, however, the statement was not signed by Pence – and the legal claims Trump made appeared to be in line with the plans of Rudy Giuliani, not the Senate MP, who told Pence that his powers were limited to confirming the votes of the electoral college are out on the floor of Congress.
Trump also tweeted "big news from Pennsylvania" with a copy of a letter the Republican legislature sent to Mitch McConnell and the Republican minority leader in the House asking for certification to be "delayed."
Legislature has called for the election result to be postponed until the Supreme Court considers a Republican challenge to voting in Pennsylvania – judges have not set a date for a hearing and asked for responses on Jan. 22 after Trump stepped down would have .
The letter reiterates allegations about the election that have been repeatedly dismissed by state and federal courts.
The fact that Trump has tweeted shows how desperately he is clinging to straws with Congress to torpedo his offer to topple the election on Wednesday.
Trump had initially wanted Republicans to vote to reject voters from swing states, but a majority of GOP Senators have made it clear that they will not agree to what will kill them when they arrive.
His next attempt is to claim that Pence has the authority to simply reject votes himself, a claim made by Rudy Giuliani and other fringe lawyers but dismissed as absurd by constitutional experts.
Pence himself reportedly told Trump on Tuesday that he was wrong.
Delivering the bad news over lunch, reporting to the New York Times and slamming the pill, suggesting that some sort of recognition of Trump's discredited claims when he presides over the Senate.
Prior to the traditionally ceremonial event, President Donald Trump had escalated his pressure campaign on pence to help reverse the election results and spend another four years in the White House.
"The vice president has the power to reject fraudulently elected voters," the president tweeted Tuesday morning, falsely explaining what Pence can do when he is in the chair.
However, shortly after the two met for their regular lunch, Pence brought the bad news that he couldn't.
The New York Times reported that Pence had also asked Trump to ease the blow that he would continue studying the subject until the joint session begins at 1 p.m. on Wednesday.
In fact, Pence spent hours this week with the Senate MP advising the Senators and Vice Presidents on the rules when they are on the floor of the Senate – or, in Pence's unique case, presiding over the joint session that confirms the election.
Truth to Power: Donald Trump publicly called on Monday night at his rally in Georgia and then on Twitter that the Vice President support his campaign to overthrow the elections. Pence told him on Tuesday he couldn't
Despair: Trump's extraordinary plan to overthrow Mike Pence's election is a last-ditch effort to prevent Joe Biden's victory from being confirmed
When a member of the House of Representatives and Senate objects to any of the state's electoral rolls, the two houses split to discuss the objection for two hours – with Pence presiding over the Senate.
At that point, he could "acknowledge" Trump's claims of fraud to improve both the blow on his boss and the president's potential to turn on his ultra-loyal deputy in the final days of administration and beyond.
Pence is said to be particularly concerned that his confirmation of Biden's victory on social media could be turned against him.
His delivery of bad news to Trump came after a lawsuit filed by Louis Gohmert, an ultra-loyalist Congressman, demanding that federal courts say Pence could disqualify the electoral college's votes and was swiftly dismissed by a judge and an appeals court.
That legal move would have provided Pence with some cover to point judges as they would have eliminated the possibility of disqualifying voters – which no vice president had ever done and which constitutional experts had thought was simply legally impossible.
But an "appreciation" of Trump's claims means a Pyrrhic victory for the president – with Republican senators running his campaign to get them to vote against swing state votes, a string of blows Tuesday as more and more said , they wouldn't find out.
Senators Tim Scott and Jim Inhofe were the latest GOP lawmakers to risk Trump's wrath in deciding to back Biden – at least 23 Republican senators will vote to confirm Biden's election victory
Senators Tim Scott and Jim Inhofe were the latest GOP lawmakers to risk Trump's wrath in their decision to endorse Biden.
“As I read the Constitution, there is no constitutionally viable means for Congress to overthrow an election in which states have confirmed and sent their voters. Some of my colleagues believe they have found a way and while our opinions differ, I do not doubt their good intentions to take steps to combat electoral fraud, "Scott said in a statement.
Inhofe also cited the constitution as a reason.
"My job on Wednesday is clear and there are only two things the constitution allows me to do: make sure voters are properly certified and that the votes count, even if I disagree with the result," he said in an explanation.
More Republican senators joined as the clock ran around Wednesday, including Senators Jerry Moran and John Boozman.
Moran said the plan to object would "undermine our democracy – based on the rule of law and separation of powers".
And Boozman made a similar argument.
"Under the Constitution, Congress does not have the legal power to change the outcome," he said. "These principles are enshrined in the constitution to ensure that the American people, not the party that controls Congress, have the power to elect their president."
At least 24 Republican senators will vote to confirm Biden's election victory, while 13 support Trump, according to a Politico count. And 14 are undecided. The Senate is a short Senator as David Perdue's term ended on January 3rd. The winner of Tuesday's special election in Georgia will take the place.
It takes a simple majority of 51 senators to uphold and improve the objection to the outcome of a state's electoral college.
But since all 48 Democrats are unlikely to do so and the 24 Republicans will join them, that's 72 votes for Biden, which leaves Trump's hopes in the dust.
Senator Ted Cruz, who leads the appeal effort, will question the Arizona results on Wednesday, while Senator Kelly Loeffler is likely to cite the appeal when it comes to the results in her home state of Georgia. Senator Josh Hawley, another GOP leader in the movement, will challenge Pennsylvania.
The focus of the objections would be on these three states – from the six originally discussed legislators.
Even without the result, which most likely will not go Trump's path, there will certainly be a lot of fiery debates and political theater.
But Trump may not get a mass gathering of Republican lawmakers protesting on the ground.
The House Sergeant at Arms and Capitol Doctor sent a memo to lawmakers Tuesday night about the joint session, requesting that "access to the floor of the house will be restricted to those members who are supposed to speak during the joint session."
And for Pence, who has stalled for four years with no problems, what he does on Wednesday will be the ultimate test of loyalty, at least in the eyes of the president, who is publicly pressure.
Trump has made it clear that he expects his deputy to keep him in the White House, even if Pence has no legal or constitutional authority to do so.
“I hope Mike Pence comes through for us. He's a great guy, ”Trump said Monday night at a rally in Dalton, Georgia. "Of course, if he doesn't get through I won't like him that much."
READ THE FULL 12TH AMENDMENT
The 12th amendment is the constitution behind Congress, which will confirm the election on Wednesday. But it's also one of the most complicated parts of the constitution, starting with a 202-word sentence and several sentences. Here is the full text.
Voters meet in their respective states and vote for the President and Vice President, at least one of whom cannot live with himself in the same state. They name the person elected as president on their ballot papers and the person elected as vice president on separate ballot papers, and they compile separate lists of all persons elected as president and all persons elected as vice president and on the number of votes for each listing, which to sign and certify and send sealed to the seat of the United States Government, addressed to the President of the Senate; – The President of the Senate, in the presence of the Senate and the House of Representatives, opens all certificates and the votes are counted. -The person with the highest number of votes for the President is the President if that number represents the majority of the total number of voters appointed. and if no person has such a majority, the House of Representatives shall immediately elect the President from among those with the highest number of three or less on the list of persons elected as President.
When electing the president, however, the votes are cast by the states, with the representation of each state having one vote. A quorum for this purpose consists of one member or members from two thirds of the states, and a majority of all states is required for an election.
And if the House of Representatives does not elect a president before March 4, when the right to vote passes to him, then the vice president acts as president, as in the case of death or some other constitutional obstruction of the president – the person with the largest number of votes is the vice president the vice-president, if that number is the majority of the total number of elected voters and if no person has a majority, then from the If two highest numbers on the list, the senate elects the vice-president. A quorum for this purpose is two-thirds of the total number of senators, and a majority of the total is required for an election.
But no person who is not constitutionally entitled to the office of President is entitled to the office of Vice President of the United States.
Ultimately, Biden is expected to be certified as the election winner on Wednesday, which Pence, in his role as President of the Senate, will announce upon completion of certification.
Pence's role in Wednesday's session is largely ceremonial, but he needs to balance his constitutional duties with a reluctance to face Trump and his power base.
Despite the pressure campaign, Trump cannot grant powers via tweet, leaving Pence with limited ability to do what he can legally do.
The 12th amendment to the Constitution – along with the Electoral Count Act of 1887 – makes it clear that Pence's job is to make parliamentary decisions. It has no power over how Congress counts votes.
When there is a dispute between the House of Representatives and the Senate over whether or not a state's electoral census should be certified, the Electoral Census Act of 1887 gives the governor of the state, rather than the vice president, ultimate power, which means that the state's outcome persists and pence has no legal way to knock it over.
Pence would not be the first vice president to preside over his party's loss of the White House: Richard Nixon, Dan Quayle, Al Gore and Joe Biden presided over all the censuses that defeated them or their party. Biden even went to great lengths to object to Trump's victory when he presided over the election census in January 2017.
But Pence is likely the first Vice President to be blamed for this by his boss.
Biden won the electoral college by 306 votes against Trump's 232. And while some Republican lawmakers plan to object to the confirmation of some states' results when they are released on Wednesday, it is very unlikely to overturn the election results.
When all is said and done, Biden will inaugurate the 46th President on January 20th.
However, Trump has refused to allow the competition. He continues to claim massive election fraud, but has provided no evidence to back it up. His former attorney general, Bill Barr, said he saw no evidence of widespread election fraud.
Pence, 61-year-old known to have his own ambitions as president, will be in the hot seat on Wednesday as he sits on the house speaker's podium, hammer in hand.
He will act according to the constitutional procedure and reports and follow the rules set out in law.
But he needs to reconcile that with his desire not to upset Trump's large power base in the party – support he will need in future political endeavors.
A report on roll call raised questions about what exactly Pence will do on Wednesday. The Capitol Hill newspaper quoted Republican Senator Chuck Grassley, the Senate Pro-Temp, saying he would chair in place of Pence because "we don't expect him to be there."
But Pence's office quickly said the Vice President would be present, and Grassley's office quickly made it clear that the Senator was referring to having to take over when Pence needed a break.
The question arose, however, of whether Pence would take these breaks when it got politically hot.
Pence's job is to open the sealed states' certificates in alphabetical order and deliver them to one of four "cashiers" – a Republican and a Democrat from each Chamber of Congress – who announce how each state has voted.
As each state's result is read, Pence will ask if any member of Congress would like to appeal. If an objection is raised by both a member of the House of Representatives and a member of the Senate, the matter will be discussed for two hours in each chamber and a vote will be taken on whether or not to maintain the objection.
As part of his parliamentary duties, Pence decides whether the objection is valid in order to justify the two-hour debate and vote in each chamber.
After the breakout session, lawmakers will return to the joint session to continue the state results appeal. If there is another objection, the process starts over.
Given the Democratic control of the House and the fact that many Republican Senators do not support the objection, it is not expected to be upheld.
Trump and his allies hoped enough objections would be raised to get Biden below the 270 mark on electoral college – the amount it would take to win the presidency.
That would throw the choice into the house. After the 12th amendment to the constitution, each delegation to the State Congress receives one vote. With Democrats in control of the House, Republicans control the majority of the state delegations, and so Trump hopes to be "elected".
Vice President Mike Pence (left) and his Chief of Staff Marc Short stand in the Oval Office before President Donald Trump leaves the White House for a rally in Georgia on Monday
Vice President Pence must weigh his constitutional obligations against his reluctance to upset President Trump's grassroots base, which he would need for future political endeavors. The two men can be seen together in the Oval Office in May
Pence, who was at the Capitol on Sunday to swear the newly elected senators, also met with the Senate MP to discuss the process on Wednesday.
And while Pence was fighting for the Georgian Senate candidates in that state on Monday, he responded to the “Stop the Steal” calls with the following words: “We all have our doubts about the last election. And I want to assure you that I share the concern of millions of Americans about voting irregularities. And I promise you, come this Wednesday, we have our day in Congress. & # 39;
He didn't promise any result.
Other pressure points come towards pence.
White House trade advisor Peter Navarro falsely claimed on Fox News over the weekend that Pence could call for a 10-day emergency review of election results in Trump-contested states. Pence doesn't have that power.
Additionally, a group of Republican House members filed legal action to try to expand Pence's powers in the certification process, but Trump's own Justice Department opposed it and a Trump-appointed judge threw it out of court.
Pence and his chief of staff Marc Short were in the Oval Office with President Trump and other advisers on Monday evening before the president left for Georgia to run for the two Republican senators in Tuesday's special election.
But most of Trump's remarks at that rally concerned himself.
"You know, I had two elections, I won both, it's amazing," said Trump. "And in the second I actually did a lot better."
The information about how Congress confirms the vote in the electoral college
At 1:00 p.m. Wednesday, senators and officials will gather in the Chamber of the House for a joint congressional session to count and certify the electoral college's ballots.
Joe Biden defeated President Donald Trump with 306 votes against Trump's 232.
However, the constitution calls on Congress to confirm the results in a largely procedural process. It is very difficult to reverse an election, and it has never happened in American history.
However, Republicans have vowed to object to the results of the electoral college, delay the certification process, and put on a great theatrical performance that the president will likely enjoy.
This is how the day will go:
The process is led by the President of the Senate, Vice President Mike Pence.
Pence will open the sealed state certificates in alphabetical order and hand them over to one of four "cashiers" – a Republican and a Democrat from each Chamber of Congress – who will announce how each state has voted.
As each state's result is read, Pence will ask if any member of Congress would like to appeal.
At least one member of the House and one member of the Senate must object to the objection. The law also provides that the objection must be made in writing.
If the objection is accepted, lawmakers go to their respective chambers to discuss the matter for up to two hours.
Then the House and the Senate each vote on whether the Objection – which would reject the state's votes – or deny the objection.
In order for the results of a state to be rejected, the majorities of both chambers have to vote in order to maintain the objection. If one chamber votes to maintain the objection and the other does not, the objection is rejected and the results of the state electoral college are determined.
The democratically controlled house is unlikely to support maintaining an objection, which means the states' results will stand and Biden will ultimately be declared the winner.
Additionally, the Republican-controlled Senate is unlikely to vote in favor of an objection either. The GOP has a narrow margin in the upper chamber and a number of Republican senators have voiced their objections to the appeal process.
After the objection has been voted on by each chamber, the joint session convenes again and continues the counting. If there is another objection to another state's vote, the process is repeated.
President Trump's allies want to challenge three states: Arizona, Georgia and Pennsylvania, which could last into the wee hours of Thursday.
"At the end of the day, which could be the middle of the night, Joe Biden and Kamala Harris will officially be proclaimed the next President and Vice President of the United States," spokeswoman Nancy Pelosi wrote to members of the Democratic House on Monday.
After the votes from all 50 states and the District of Columbia are recorded, the vice president will explain who received the required majority of the electoral college's votes. This announcement concludes the election.
WHAT IF THE OBJECTS ARE SUSTAINABLE?
If, by some distant coincidence, an objection is sustained, Trump and his allies hope that it will result in voters being excluded, which will ultimately bring Biden's poll number below the 270 required for victory.
If all three state challenges succeed, Biden would have 259 votes and would cast the election in the House of Representatives to elect the next president.
After the 12th amendment to the constitution, each delegation to the State Congress receives one vote.
With Democrats in control of the House, Republicans control the majority of the state delegations, and so Trump hopes to be "elected".
Sources: NBC News, Washington Post, New York Times
"Don't argue with fools!" Top Democrat Cedric Richmond warns party officials not to be drawn into the debate in Congress over Republicans' offer to overturn Wednesday's election results
President Trump's demand that Congress turn election results in states he lost has split his party – and Democratic leaders are now warning their own members to stay away from arguments when the vote is confirmed.
Rep. Cedric Richmond, a Louisiana Democrat who is joining the new Biden administration as the White House engagement director, has told colleagues that there is no benefit in getting into a point-by-point dispute over Trump's election fraud claims devices.
"You don't argue with fools because you can't tell who the fool is at some distance," Politico said in a conference call on Monday.
"You don't argue with fools," says Cedric Richmond, a Democrat from Louisiana
Die Sprecherin des Repräsentantenhauses, Nancy Pelosi, ist sich des Spektakels bewusst, das die Wahlherausforderungen hervorrufen könnten – und möchte, dass ihre Mitglieder durch den Prozess „würdig“ werden -, obwohl unbegründete Vorwürfe des weitverbreiteten Betrugs durch den texanischen GOP-Abgeordneten Louis Goehmert und andere mit Sicherheit eine Wut hervorrufen werden Rückschlag.
Das Haus trifft sich am Mittwoch in einer gemeinsamen Sondersitzung, um die Stimmen des Wahlkollegiums zu zählen.
Die Zahl der republikanischen Senatoren, die vorhatten, sich den Wahlherausforderungen zu stellen, stieg bei Trumps Kundgebung in Georgia auf 13, als Senatorin Kelly Loeffler bekannt gab, dass sie hinter den Bemühungen steckt.
Aber die durchgesickerte Aufzeichnung von Trumps Anruf beim georgischen Außenminister Brad Raffensperger könnte die GOP-Bemühungen des Senats untergraben haben, indem er die Behauptungen der Gesetzgeber, die an die Verfassung gebunden waren, mit der Forderung des Präsidenten verknüpfte, Raffensperger solle 11.780 Stimmen für ihn "finden".
Es war unklar, ob der explosive Aufruf die Republikaner des Senats veranlasst hatte, einige ihrer Pläne zurückzurufen und sich auf eine kleinere Anzahl von Staaten zu konzentrieren, um Herausforderungen zu starten.
Die Sprecherin des Repräsentantenhauses, Nancy Pelosi, möchte, dass die Demokraten würdevoll bleiben, wenn die Republikaner die Wahl herausfordern, die Joe Biden mit 306 zu 232 Wahlstimmen gewonnen hat
Senator Ted Cruz (R-Texas) sagt, er werde Wahlherausforderungen stellen
Präsident Donald Trump bat den georgischen Außenminister, 11.780 Stimmen für ihn zu finden
Der Senator von Missouri, Josh Hawley (R), war der erste Senator, der öffentlich sagte, er würde die Wahlherausforderungen unterstützen
Der georgische Wahlbeamte Gabriel Sterling entlarvte in einer Pressekonferenz am Montag viele der "fantastischen" Behauptungen des Präsidenten.
Der GOP-Stratege Doug Heye sagte gegenüber The Hill zu Trumps durchgesickertem Anruf: „Das Band macht es jetzt anderen Leuten schwerer, mitzumachen. Sie hatten ein Gerichtsverfahren, das sie vorbringen konnten, selbst wenn es nicht das glaubwürdigste war “, fuhr er fort. "Das Band bläst das aus dem Wasser."
Was auch immer die demokratischen Führer warnen, einfache Demokraten, die Gelegenheit zum Sprechen bekommen, wenn Republikaner Proteste gegen die Wahlstimmen der Staaten erheben, werden wahrscheinlich hitzig.
'Es ist Verrat. Tatsache ist, dass die Wahlergebnisse bestätigt wurden “, sagte Rep. Jim Costa, D-Calif. Die Parteiführer bereiten sich am Mittwoch auf angespannte Debatten vor
Der Abgeordnete Jim Costa (D-Calif.) Gehört zu denen, die bei Republikanern ausgebrochen sind, die Trumps Bemühungen folgen.
'Es ist Verrat. Tatsache ist, dass die Wahlergebnisse bestätigt wurden “, sagte er.
Wenn ein Mitglied des Repräsentantenhauses und des Senats Einwände gegen die Zertifizierung eines Staates erhebt, tritt jede Kammer zwei Stunden lang getrennt zusammen, um die Herausforderung zu erörtern, bei der die Mitglieder Reden halten und anschließend abstimmen.
Es wird erwartet, dass mehr als 100 Republikaner des Hauses die Wahlherausforderungen unterstützen.
(tagsToTranslate) Dailymail (t) Nachrichten (t) Mike Pence (t) Donald Trump (t) Aktuelle Nachrichten (t) Joe Biden (t) Weißes Haus