Tag Archives: January 6 2021

Descending Dystopias: America Faces 2021, by Alan Sabrosky

It’s hard, maybe impossible, to dream up good news scenarios for 2021. From Alan Sabrosky at unz.com:

It is given to few countries to face a future without any bright sides. Those that have done so in the past, have usually confronted overwhelming external challenges, perhaps compounded by internal difficulties. In the case of the United States today, that is not the case. To be sure, there are external challenges with both allies and competitors. But in a very real sense, America today – like so many Western countries – is its own worst enemy, and it may well portend the death of our Constitutional order if not the country itself.

The general election of 2020 will be the stuff of argument and analysis for many years to come, here and abroad. Suffice to say here that a panicky over-reaction to the onset of the COVID-19 virus produced economic hardship and social disorder, compounded by months of riots, looting and arson afflicting hundreds of cities (almost all Democrat-governed) beginning in late May 2020. All of this set the stage for an election won overwhelmingly on November 3rd by President Donald Trump and lost by him in the following weeks to his Democrat opponent. Joseph Biden, as dumps of hundreds of thousands of mail-in ballots appeared in dubious circumstances amidst widespread allegations of fraud and lawsuits challenging the outcome.

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Giving Up the Ghost, by James Howard Kunstler

It’s going to be an interesting week. From James Howard Kunstler at kunstler.com:

Things are shaking loose. Secrets are flying out of black boxes. Shots have been fired. The center is not holding because the center is no longer there, only a black hole where the center used to be, and, within it, the shriekings of lost souls. Will the United States go missing this week, or fight its way out of the chaos and darkness?

Whatever occurs in this strange week of confrontation, Joe Biden will not be leading any part of it. Where has he been since Christmas? Back to hiding in the basement? Did the American people elect a ghost? Even if this storm blows over, could Joe Biden possibly claim any legitimacy in the Oval Office? And then what happens with the rest of the story — which is an epic economic convulsion sharper than the Great Depression — as time is unsuspended and the year 2021 actually unspools?

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Don’t expect Mike Pence to save us on January 6, by Carol Brown

A bearish for President Trump take on January 6. From Carol Brown at americanthinker.com:

There’s been a lot written about the power Vice President Pence has to turn the stolen election around on January 6. Many commentators on various sites (including AT) have weighed in, some expressing hope, while other have expressed doubt Pence would do the right thing.

But it appears all of this is moot, as Bill Jacobson, founder of Legal Insurrection writes:

A claim has circulated widely in the past few days that Vice President Mike Pence, as President of the Senate, has the power and discretion to reject certifications. If Pence had such power and chose to exercise it, it would be over, but he doesn’t.

Jacobson cites relevant language from the Constitution (Article II, Section I, after the 12th Amendment) to support his assertion and then summarizes.

Note the words. “Shall … open all the Certificates” and “the Votes shall then be counted.” Shall is mandatory, there is no discretion. The certificates must be opened by Pence, and the votes must be counted (it’s unclear who does the counting, but the votes must be counted regardless). No Vice President (whether Mike Pence, Al Gore or future VP Kamala Harris) performing the function of opening the votes has discretion to reject votes. No Vice President has authority to accept votes presented through some extra-constitutional other process.

There is an interesting legal question of what would happen if a state authority presented conflicting votes — for example the legislature certified one set of electors but the executive branch certified a different set — but that has not happened here. No state authority has certified more than one set of electors. A bunch of legislators acting on their own getting together outside the constitutional certification process to announce electors is not presented for counting any more than if I got together with some friends and we delivered an envelope to Pence with our chosen slate of electors. Maybe if legislatures (not legislators) had so acted, we would have a legal conundrum, but that has not happened.

The Congressional legislation provides a mechanism for objections to be raised and resolved. Neither the constitution nor the legislation makes the Vice President king for a day.

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If enough senators challenge the election results, Trump wins, by Andrea Widburg

We’ll see. From Andrea Widburg at americanthinker.com:

Sen. Josh Hawley (R-Mo.) officially stated that he will object to the Electoral College vote count to be held in the Senate on January 6.  May this courageous man be the first of many senators to take a stand against the overwhelming evidence of election fraud.  If neither candidate wins enough Electoral College votes on January 6, Trump should win — and it’s all in the Constitution without the need for any strained statutory interpretations.

Let me start with an overview of what happens on January 6.  It’s crucial to appreciate how this can end if Hawley is joined by several senators who refuse to certify Electoral College votes achieved through manifest fraud.  I’ve culled this information from Petr Svab’s excellent article at The Epoch Times (hat tip to Dan Bongino):

The Twelfth Amendment to the Constitution is the primary authority for events on January 6.  The Electoral Count Act (3 USC §15) plays a role, but, thankfully, that act is probably unconstitutional in one very specific and important way.

Under the Twelfth Amendment, the president of the Senate (i.e., Mike Pence) opens the certificates sent from the states, “and the votes shall then be counted.”  That’s all that the Constitution says about the vice president’s role.

Meanwhile, 3 USC §15, enacted in 1887, after prescribing details for conducting the count, says members of Congress can object.  If one House member and one senator object, that triggers a separate vote about the objection by both the House and the Senate.  If both House and Senate agree there’s a problem, the challenged electoral votes are gone.

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Power of Vice President to Count or Reject Electoral Votes Disputed, by Petr Svab

Here’s some important background information on what’s likely to be a very confusing day: January 6, 2021. From Petr Svab at theepochtimes.com:

News Analysis

At 1 p.m. local time on Jan. 6, members of Congress will gather in the chamber of the House of Representatives to observe the formal certification of Electoral College votes for president of the United States.

While it’s usually a formality, nothing has been usual so far about this year’s election amid numerous allegations of voter fraud in key swing states.

The situation is complicated by a lack of clarity on the legal and constitutional guardrails for the process. The joint session of Congress may well result in gridlock, in which a clear winner of the race isn’t announced at all.

Based on current election results, former Vice President Joe Biden has received 306 electoral votes to Trump’s 232 votes. Meanwhile, Republicans in seven states where Biden claimed victory have sent their own sets of electoral votes to Washington, and some members of the House have indicated that they will object to Biden electors in some states. Any objection would require support from one House member and one senator to be considered, and at least one senator has left open the possibility he would join the effort.

So what will happen?

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