Tom Kazansky 2012 said:
Tanya 93 said:
Interesting how I asked what Constitutionally Pence could do, and no one has a specific, legal answer
I don't think posters here like feeding your thread derailing anymore. There is plenty of commentary on your question in this thread.
There is no legal answer because it didn't happen and never has. Legality is based on precedence. AS far as the constitution goes he could have just refused to count the votes of the states in questions, I think that is the basics behind what people are positing in this thread and abroad on the subject.
You may argue that isn't legal but it certainly isn't illegal and it could have held the feet to the fire of the dems and usurpers. That's what we wanted instead of just blindly accepting a circus of an election because Pence wanted to play nice.
Pence is a ***** that didn't want to get his hands dirty and his career is properly finished because of it.
Here is the start of the law about counting the votes. Note that I highlighted some words here:
Quote:
Congress shall be in session on the sixth day of January succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of 1 o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any.
In legal analysis,
shall has a very specific meaning.
Why didn't McConnel just fail to call congress into session? Why didn't the Senate just refuse to appoint tellers?
Not counting the votes when that is something that the VP
shall do would have been illegal. That is as clear as day. If any of the lawyers in here want to correct me, please do. You don't need "precedent" to determine that. It's legal analysis 101.
What you are wishing Pence would have done is
illegal. It's not that it wouldn't be following congressional rules. It would have been
illegal. against the law. breaking the law. not following the law. an illegal abuse of power. a violation of election law. not within the VP's legal power. How many times does this have to be repeated?
I don't want ANY DC politicians to get away with ANY illegal actions when it comes to determining the winner of an election. I don't trust any of them as much as I trust the law.
I favor politicians who put the rule of law over politics. That is what Pence did. That is why I am a fan.
None of that excuses the rampant, documented fraud on election night. But, the correct remedies to that were well reviewed by hawg, and I agree with her that the wimpiest of the bunch were the judges who hid beneath their gowns as opposed to addressing the issues of rampant illegal activities by voting officials.
Finally, there is this: "isn't legal but it certainly isn't illegal"
This ranks right up there with:
It depends on what your definition of is, is.
or
That was just rhetorical advocacy.