BREAKING: House Asks Court to Dismiss Effort to Clarify Vice President’s Power in Electoral Counting
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The House of Representatives is asking a court to reject a petition from Republicans that requests judges to say Vice President Mike Pence has the authority to reject some electoral votes.
“This Court should reject plaintiffs’ effort to overturn Congress’s centuries-old role in counting electoral votes and resolving disputes about them in the constitutionally mandated Joint Session,” the House said in an amicus brief on Dec. 31.
Rep. Louie Gohmert (R-Texas) and other Republicans this week sued Pence, asking a judge to authorize Pence to pick Republican electors over Democratic ones. They said the U.S. Constitution gives Pence the “exclusive authority” to decide which Electoral College votes to count, and that a portion of the Electoral Count Act of 1877 is unconstitutional.
The suit centers around the joint session of Congress that’s held every four years to count electoral votes. Electors meet in each states under the Electoral College system after presidential elections and cast ballots for the candidate that won the most votes in their respective states.
In seven states this election, competing electors also cast ballots for President Donald Trump.
The Democrat-controlled House in its new filing says the vice president during counting sessions, per the 1877 Act, “opens the electors’ certificates, but does not count the votes.”
The court should reject the claim because the plaintiffs lack standing, the suit is not timely, and the constitutional challenges “have no merit.”
“And the public interest and equities cut strongly against a first-of-its-kind injunction that would rewrite longstanding procedural rules for Congressional vote counting and create confusion just days before the required Joint Session,” it added.
In a statement accompanying the brief, House Speaker Nancy Pelosi (D-Calif.) said: “The Gohmert lawsuit has zero legal merit and is yet another sabotage of our democracy. There is no doubt that, despite this desperate unpatriotic charade, on January 6, [Democrat presidential candidate] Joe Biden will be confirmed by the acceptance of the vote of the Electoral College as the 46th President of the United States.”
Pence, a House member before becoming Trump’s vice president, agreed with the House. He also asked U.S. District Judge Jeremy Kernodle, a Trump appointee, to reject the suit.
“A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,” an attorney representing Pence argued in a separate filing.
The lawsuit could have a major impact on the election, which remains contested just five days before the joint session. A constitutional expert told The Epoch Times this week that a less-covered aspect of the case, which seeks a court determination on how Congress should vote when Republicans object to slates of electors from six states where Trump has challenged the state-certified election results, could be a “big game-changer.”
Sen. Josh Hawley (R-Mo.) announced Tuesday that he will challenge electoral votes during the congressional session. A quickly-rising number of representatives are also planning to file objections.
Theoretically, objections could lead to the nullification of some state’s electoral votes, but the likelihood of challenges being upheld is considered unlikely because that would require a majority vote in each chamber. Democrats control the House and GOP Senate leadership has repeatedly criticized plans to file the objections.
In the case neither candidate reaches 270 electoral votes during the session, a secondary system would be triggered, wherein the House decides the next president by voting by state. In that scenario, Republicans hold a slight edge.
Biden’s team said this week the electoral counting is “merely a formality” and said Biden is already the president-elect.
Nikki Haley Breaks with Trump: ‘We Shouldn’t Have Followed Him, and We Shouldn’t Have Listened to Him’
Nikki Haley, former U.S. ambassador to the United Nations, believes that former President Donald Trump “let us down.”
Haley’s remarks come as the former president’s legal team prepares to present its defense of Trump during his second impeachment trial in the Senate.
In a Politico interview published Friday, Haley, former South Carolina governor, said that “we shouldn’t have followed” Trump.
“We need to acknowledge he let us down,” she said in an extensive profile. “He went down a path he shouldn’t have, and we shouldn’t have followed him, and we shouldn’t have listened to him. And we can’t let that ever happen again.”
She also told the outlet that she has not spoken to Trump since the Jan. 6 riots at the U.S. Capitol, and takes issue with his remarks condemning former Vice President Mike Pence’s refusal to reject the Electoral College vote.
“When I tell you I’m angry, it’s an understatement,” she expressed. “I am so disappointed in the fact that [despite] the loyalty and friendship he had with Mike Pence, that he would do that to him. Like, I’m disgusted by it.”
The former ambassador, who many people are speculating may run for the White House in 2024, also added that Trump will never accept the results of the 2020 presidential election.
“There’s nothing that you’re ever going to do that’s going to make him feel like he legitimately lost the election,” she explained. “He’s got a big bully pulpit. He should be responsible with it.”
Haley also warned that many people still love the former president and will not stop supporting him just because he is out of office.
“I know how much people love Donald Trump,” she admitted. “I know it. I feel it. Whether it’s an RNC room or social media or talking to donors, I can tell you that the love they have for him is still very strong. That’s not going to just fall to the wayside. Nor do I think the Republican Party is going to go back to the way it was before Donald Trump. I don’t think it should.”
Haley added that people, instead, should “take the good that he built, leave the bad that he did, and get back to a place where we can be a good, valuable, effective party.”
“[I]t’s bigger than the party,” she insisted. “I hope our country can come together and figure out how we pull this back.”
Referring to Haley’s possible 2024 ambitions, Politico’s Tim Alberta wrote, “Since last fall, I’ve spent nearly six hours talking with Haley on-the-record. I’ve also spoken with nearly 70 people who know her: friends, associates, donors, staffers, former colleagues. From those conversations, two things are clear. First, Nikki Haley is going to run for president in 2024. Second, she doesn’t know which Nikki Haley will be on the ballot.”
Haley also said that she didn’t believe Trump had a chance of winning in a 2024 election scenario.
“I don’t think he can,” she admitted. “He’s fallen so far.”
“I think his business is suffering at this point,” she added. “I think he’s lost any sort of political viability he was going to have. I think he’s lost his social media, which meant the world to him. I mean, I think he’s lost the things that really could have kept him moving.”
WATCH: Trump’s Defense Team Absolutely Ruins Democrats With 13 Minute Montage of “Fight” Word Like Trump Did
The Democrats demonized President Trump for using the word ‘fight’. Trump’s attorneys responded today with a collage of clips from each of the Democrats in the room using the word ‘fight’.
This portion of today’s events on Capitol Hill was excellent. The Democrats claim that because President Trump used the word ‘fight’ in his speech on January 6th in Washington D.C. However, what every Democrat in that room forgot was that they too had used the word previously in political speech.
The montage went on for 13 minutes. (The video montage starts at 7:10 timeframe.)
WATCH: Trump Attorneys Destroy House Managers on Lying to American Public and Using Manipulated Tweet as Evidence
President Trump’s defense team took the floor of the US Senate on Friday in defense of President Trump in the Senate impeachment trial.
Trump Attorney David Schoen absolutely destroyed the House Managers when he took to the floor of the US Senate.
At one point Schoen played video of the Democrat lawmakers lying about a Trump tweet.
House Impeachment Manager Eric Swalwell gave a riveting performance on Wednesday reading off Trump’s tweets with emotional appeal.
During this theatrical performance, Swalwell read off a Trump retweet by Jennifer Lynn Lawrence.
But there was one problem with the tweet. It was photoshopped.
Jennifer Lynn Lawrence has never been verified by Twitter. Democrats faked that to make it look more important.
On Friday Trump Attorney David Schoen destroyed Democrats for lying about this to the American public.
White House Suspends Deputy Press Secretary For Allegedly Sexually Harassing, Threatening Reporter
The White House announced on Friday that it was suspending Deputy Press Secretary TJ Ducklo after a report surfaced alleging that he sexually harassed and threatened a female reporter who was getting ready to publish a report revealing that he was dating a reporter who had previously been tasked with covering Democrat Joe Biden.
“The confrontation began on Inauguration Day, January 20, after [Politico reporter Tara] Palmeri, a coauthor of Politico’s Playbook, contacted [Axios political reporter Alexi] McCammond for comment while one of her male colleagues left a message for Ducklo,” Vanity Fair reported. “Ducklo subsequently called a Playbook editor to object to the story, but was told to call the Playbook reporters with his concerns. But instead of calling the male reporter who initially contacted him, Ducklo tried to intimidate Palmeri by phone in an effort to kill the story. ‘I will destroy you,’ Ducklo told her, according to the sources, adding that he would ruin her reputation if she published it.”
“During the off-the-record call, Ducklo made derogatory and misogynistic comments, accusing Palmeri of only reporting on his relationship—which, due to the ethics questions that factor into the relationship between a journalist and White House official, falls under the purview of her reporting beat—because she was ‘jealous’ that an unidentified man in the past had ‘wanted to f***’ McCammond ‘and not you,’” the report added. “Ducklo also accused Palmeri of being ‘jealous’ of his relationship with McCammond.”
White House Press Secretary Jen Psaki said following the report that Ducklo has been suspended for a week over the incident.
“TJ Ducklo has apologized to the reporter, with whom he had a heated conversation about his personal life,” Psaki wrote on Twitter. “He is the first to acknowledge this is not the standard of behavior set out by the President.”
TJ Ducklo has apologized to the reporter, with whom he had a heated conversation about his personal life. He is the first to acknowledge this is not the standard of behavior set out by the President.
— Jen Psaki (@PressSec) February 12, 2021
“In addition to his initial apology, he has sent the reporter a personal note expressing his profound regret,” she continued. “With the approval of the White House Chief of Staff, he has been placed on a one-week suspension without pay. In addition, when he returns, he will no longer be assigned to work with any reporters at Politico.”
With the approval of the White House Chief of Staff, he has been placed on a one-week suspension without pay. In addition, when he returns, he will no longer be assigned to work with any reporters at Politico.
— Jen Psaki (@PressSec) February 12, 2021
Reporters called out the administration over the incident, highlighting how the Trump administration did not treat reporters that way as well as issues with the timeline of events with regard to the White House taking action to address the incident.
“The Vanity Fair piece indicates that Politico editors reached to the WH after the incident first occurred and the WH acknowledged it was inappropriate,” Spectator editor Amber Athey wrote on Twitter. “But they clearly didn’t have any interest in disciplining Ducklo until his behavior was made public.”
The Vanity Fair piece indicates that Politico editors reached to the WH after the incident first occurred and the WH acknowledged it was inappropriate. But they clearly didn't have any interest in disciplining Ducklo until his behavior was made public @PressSec pic.twitter.com/T3mTLPcdid
— Amber Athey (@amber_athey) February 12, 2021
New York Magazine reporter Olivia Nuzzi wrote on Twitter: “I covered Donald Trump for 6 years. It is saying something that this behavior — from a Biden official — shocks me.”
I covered Donald Trump for 6 years. It is saying something that this behavior — from a Biden official — shocks me.
— Olivia Nuzzi (@Olivianuzzi) February 12, 2021
Grabien founder Tom Elliott highlighted the following remarks that Biden made a few weeks ago: “If you’re ever working with me and I hear you treat another colleague with disrespect, talk down to someone, I promise you I will fire you on the spot, on the spot. No if, ands, or buts. Everybody — everybody is entitled to be treated with decency & dignity.”
Biden 3 weeks ago: "If you’re ever working with me and I hear you treat another colleague with disrespect, talk down to someone, I promise you I will fire you on the spot, on the spot. No if, ands, or buts. Everybody — everybody is entitled to be treated with decency & dignity." pic.twitter.com/0QDHnyU3Jo
— Tom Elliott (@tomselliott) February 12, 2021
CNN anchor Jake Tapper responded to the quote, writing: “Standards that are not upheld are not standards. They’re lies.”
Standards that are not upheld are not standards. They’re lies. https://t.co/7b1InypvBT
— Jake Tapper (@jaketapper) February 12, 2021