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Pence should "Adheres to his Oath of Office & Refuses to “Count” either Slate of Disputed Electors, thus Sending... to the House for a “Contingent Election”

"Consider the 2020 election. In July, the Democratic National Committee engaged some 600 lawyers to litigate the outcome, possibly in every state. No particular outcome of such litigations is needed to set off a systemic crisis. The existence of the litigations themselves is enough for one or more blue state governors to refuse to certify that state’s electors to the Electoral College, so as to prevent the college from recording a majority of votes for the winner. In case no winner could be confirmed by January’s Inauguration Day, the 20th Amendment provides that Congress would elect the next president. Who doubts that, were Donald Trump the apparent winner, and were Congress in Democratic hands, that this would be likelier than not to happen?" - Angelo M. Codevilla in the premier conservative journal Claremont Review of Books before the election [http://catholicmonitor.blogspot.com/2021/01/alternative-would-be-our-republics.html?m=1]

 "A Contingent Election in the House

The 12th Amendment sets forth a procedure for resolving a disputed election where neither candidate achieves a majority of electoral votes. In that case, a “contingent election” is held by the House: “the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote …”

"Thus, if Pence were to “open” and read the electoral votes cast by both of the competing slates of electors from the six swing states, and choose “not to count” either set—in light of the conflict—the House of Representatives would immediately vote to determine the winner, with each state getting one vote. Given that a majority of states are GOP-controlled (although the Democrats control a greater number of representatives), Trump would prevail." -Stephen Meister

Lawyer Stephen B. Meister for The Epoch Times wrote "Hopefully, the vice president [Mike Pence] adheres to his oath of office and refuses to “count” either slate of disputed electors, thus sending the matter to the House for a “contingent election” as the 12th Amendment requires":

On Monday, I wrote on these pages that Vice President Mike Pence, as president of the Senate, would be violating his oath of office were he to count the electoral votes cast for Joe Biden in the six disputed swing states—Michigan, Wisconsin, Pennsylvania, Georgia, Arizona, and Nevada—because the governors of those states had “certified” the Biden-pledged electors, despite a demonstrably fraudulent election, and in contravention of the wishes of some state lawmakers, which had sent Trump-pledged electors who cast “dueling” votes for President Trump at the Dec. 14 Electoral College.

I referenced a recent case brought by the Amistad Project in the D.C. federal court, which argued that the federal and state statutes allowing the governors to certify electoral votes over the objections of the state lawmakers were unconstitutional and as such void, in that Article II (containing the “Electors Clause”) grants the “exclusive and non-delegable” power to the state legislatures (not the state executive branches) to decide the “manner” of choosing a state’s presidential electors.

The U.S. Supreme Court has expressly held that the power granted to the state legislatures by the Electors Clause is “plenary,” “exclusive,” and may not be “abdicated.”

... Under the 12th Amendment, the vice president, in his constitutionally prescribed role as president of the Senate, is granted the sole power to “open” the electoral vote certificates and “count” them at the joint session of Congress, this year scheduled for Jan. 6.

Pence will be faced with dueling electoral votes for the six disputed swing states, a Biden slate from the governors, and a Trump slate from the lawmakers. The six disputed swing states account for 79 electoral votes. Not counting them, Trump stands at 232 and Biden at 227. Thus, the disputed votes are sufficient to make either candidate a winner, if they are counted, or neither candidate a winner, if they are not counted, since in the latter case neither candidate will reach 270 votes (though in that case Trump would have a majority of the votes counted).

A Contingent Election in the House

The 12th Amendment sets forth a procedure for resolving a disputed election where neither candidate achieves a majority of electoral votes. In that case, a “contingent election” is held by the House: “the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote …”

Thus, if Pence were to “open” and read the electoral votes cast by both of the competing slates of electors from the six swing states, and choose “not to count” either set—in light of the conflict—the House of Representatives would immediately vote to determine the winner, with each state getting one vote. Given that a majority of states are GOP-controlled (although the Democrats control a greater number of representatives), Trump would prevail.

Electoral Count Act Sets Forth a Procedure Entirely Different from that Prescribed by the 12th Amendment

That said, the Electoral Count Act (ECA) provides an entirely different procedure. Instead of a contingent election in the House, the ECA calls for “objections” to be sponsored in both chambers, and if, and only if, the objections carry in both houses are the objected-to electors not counted (in which case a contingent election would take place in the House).

However, if the objection doesn’t carry in either or both houses of Congress, then the ECA further provides that the slate certified by the governor controls, in which case the dispute is thus resolved, and a contingent election never takes place.

The ECA varies the 12th Amendment procedure for resolving disputed electoral votes in three crucial respects:

First, while the 12th Amendment grants no role whatsoever to the Senate, the ECA grants the Senate equal control over objections, as they must pass the Senate and the House.

Second, the ECA provides that in the absence of objections passing in both houses, the slate certified by the governor of the state controls. This is nowhere provided in the 12th Amendment.

Third, by providing for governor-certified slates to be counted even if there are dueling slates of electors—absent objections passing in both houses of Congress—the ECA eliminates and replaces the contingent election procedure set forth in the 12th Amendment, because by virtue of counting the governor-certified slates, the dispute is resolved (though not in the manner set forth in the Constitution, i.e., the 12th Amendment), and never reaches the House (for a contingent election).

Besides violating the 12th Amendment, the ECA also violates Article II, the Electors Clause, because it gives the final say over electors to the state’s executive branch (its governor) while Article II grants that power exclusively, and in a non-delegable way (according to the U.S. Supreme Court), to the state legislatures.

Pence v. Trump?

For these reasons, Gohmert in his suit, proceeds against Vice President Pence, asking for a declaratory judgment and order that directs Pence to proceed in accordance with the Constitution, as reflected in the 12th Amendment, and not pursuant to the contrary, unconstitutional, procedures set forth in the ECA.

The Gohmert suit presents an odd situation. Powerful allies of the president—Rep. Gohmert and the Arizona Trump-pledged electors—are suing the vice president, the president’s running mate. Nor is the suit only directed against Pence as a theoretical or legal matter to add a necessary party.

As The Epoch Times reported, Gohmert’s counsel “made a meaningful attempt to resolve the underlying legal issues by agreement, including advising the Vice President’s counsel that Plaintiffs intended to seek immediate injunctive relief in the event the parties did not agree. Those discussions were not successful in reaching an agreement and this lawsuit was filed. Counsel for the Vice President was promptly furnished a copy of the Complaint and Plaintiffs Motion.”

This leaves the public with an unclear picture on the vice president’s position. Possibly, the vice president intends to follow the ECA, in which case, because the objections will never pass both houses, the “governor-certified” slates will be counted and Biden will win despite the allegations of horrific election fraud. And even though doing so plainly violates the 12th Amendment, which means the vice president, in following the ECA, will be violating his oath of office.

However, it’s possible the lawyers could simply not reach a precise agreement, or that the vice president did not want to be bound to a particular course of action, in advance, and preferred to have a court rule before Jan. 6—taking the vice president off the proverbial hot seat, so to speak.

Interestingly, the vice president had planned a trip to Israel on Jan. 6, and just announced that he is cancelling the trip. Previously, Pence’s Jan. 6 Israel trip left some pundits speculating that Sen. Charles Grassley (R-Iowa), who serves as president of the Senate pro tempore, would have run the joint session in the vice president’s absence. However, it would now seem the vice president is committed to discharging his constitutionally prescribed role as president of the Senate at the joint session.

Hopefully, the vice president adheres to his oath of office and refuses to “count” either slate of disputed electors, thus sending the matter to the House for a “contingent election” as the 12th Amendment requires.

I realize the vice president may have further political ambitions, but it would be a tragic mistake to place those personal ambitions above the Constitution, his solemn oath, and the future of the Republic.

Personally, I think the vice president fulfilling his oath and honoring the Constitution and his future political ambitions are perfectly aligned. [https://www.theepochtimes.com/vice-president-pence-must-be-guided-by-the-12th-amendment-not-the-electoral-count-act-on-jan-6_3638449.html]

Note: The Catholic Monitor implores all CM readers to now or as soon as possible to "Contact Governor Brian Kemp and DEMAND that he IMMEDIATELY call a special session of the legislature":

  1. Call him at 404-656-1776

  2. Email him at brian.kemp@georgia.gov or use this contact form.

  3. Message him on Facebook and Twitter. 

    Also, please ask your friends and family to "Contact Governor Brian Kemp and DEMAND that he IMMEDIATELY call a special session of the legislature" and their elected officials now

    "[LifeSite says] "It’s imperative... that ordinary citizens contact their elected officials now all the way up until January 6. Politicians usually respond when their offices are inundated with phone calls"

"Click here to access LifeSite’s Voter Voice initiative so you can find your representative’s phone number."

"I sincerely hope all of my American readers will head those words. Your country is at stake! There is no more crucial time than right now. God love you." [https://www.lifesitenews.com/blogs/act-now-contact-your-representative-to-ensure-election-integrity-on-january-6]

Note: Gateway Pundit, the real leader of the patriot media, shows how you can fight against the BIDEN STEAL and "not take... it anymore" from swing states legislators:

All you have to do is open the links below and copy the list to your email, draft your message and send.  You can send these to any state and you don’t need to reside in that state. 

 

 

 

 

  • State of PA House eMail Addresses: <All hidden behind contact-forms>
  • State of PA Senate eMail Addresses (partial ): https://pastebin.com/aYRDJVwM

 

 

Below is also a list of state legislatures in some of the key swing states the Biden campaign is trying to steal:

Arizona Legislature https://www.azleg.gov/MemberRoster/

Georgia General Assembly http://www.legis.ga.gov/en-US/default.aspx

Michigan Legislature https://www.legislature.mi.gov/(S(cc0hs5oao0b4zn55a2na5kh4))/mileg.aspx?page=home

Pennsylvania Senate https://www.legis.state.pa.us/cfdocs/legis/home/member_information/mbrList.cfm?body=S&sort=alpha

Pennsylvania House https://www.legis.state.pa.us/cfdocs/legis/home/member_information/mbrList.cfm?body=H&sort=alpha

Wisconsin Senate https://legis.wisconsin.gov/senate/

Wisconsin House https://legis.wisconsin.gov/assembly/

Please feel free to contact the Republican congressmen and women in these states and let them know your concerns and demand they stop Big Tech, Big Media, Foreign Countries and the corrupt Democrats from stealing this election. [https://www.thegatewaypundit.com/2020/12/easy-contact-lists-state-legislatures-six-key-states-just-copy-email-draft-message-let-know-feel-biden-steal/]

Important Note: The publisher of the Catholic Monitor has made a pledge to wear the Brown Scapular and say the Sorrowful Mysteries of the Rosary everyday for a Rosary Lepanto-like victory for President Trump. He asks all CM readers to make this pledge.

"THE HOLY ROSARY, MOST POWERFUL WEAPON AGAINST THE ENEMY OF GOD AND MAN... Saint Pius V ordered the faithful to recite the Rosary to impetrate victory from God in the epic battle of the Christian Armada against the Turk in the waters of Lepanto: still today, at noon each day, the bells ring in our cities to recall [the victory of] October 7, 1571... Let us pray for the United States of America; let us pray for our President; let us pray for his victory, that the Lord God of Hosts – Dominus Deus Sabaoth –will grant that he may know how to place himself under God’s protection." -  Archbishop Carlo Maria Viganò

Note: Please put President Trump, Steve Bannon, Georgia Gov. Brian Kemp, all the Republican state and national legislators as well as Justice Brett Kavanaugh, Justice Amy Coney Barrett and Justice Neil Gorsuch in the following Prayer of Command against "satanic forces":

Prayer of Command of  Exorcist Fr. Chad Ripperger:

In His Name and by the power of His Cross and Blood, I ask Jesus to bind any evil spirits, forces and powers of the earth, air, fire, or water, of the netherworld and the satanic forces of nature.  By the power of the Holy Spirit and by His authority, I ask Jesus Christ to break any curses, hexes, or spells and send them back to where they came from, if it be His Holy Will.  I beseech Thee Lord Jesus to protect us by pouring Thy Precious Blood on us (my family, etc.), which Thou hast shed for us and I ask Thee to command that any departing spirits leave quietly, without disturbance, and go straight to Thy Cross to dispose of as Thou sees fit.  I ask Thee to bind any demonic interaction, interplay, or communications.  I place N. (Person, place or thing) under the protection of the Blood of Jesus Christ which He shed for us. Amen
 
Note: Intel Cryptanalyst-Mathematician on Biden Steal: "212Million Registered Voters & 66.2% Voting,140.344 M Voted...Trump got 74 M, that leaves only 66.344 M for Biden" [http://catholicmonitor.blogspot.com/2020/12/intel-cryptanalyst-mathematician-on.html?m=1]
  
Voter fraud attorney Sidney Powell's renowned statistician, Dr. William Briggs stated that the "conservative" SCOTUS Justices did a Pontius Pilate by "cuck[ing]. There is no other word for it. Their entire argument for rejecting the suit brought Texas and joined by almost half the States was Nyah nyah nyah!" [https://wmbriggs.com/post/33854/]
 
Will Kavanaugh, Barrett and Gorsuch in the upcoming "Kraken"case cowardly run away from it as they did with the Texas case and be accomplices in the United States becoming the next totalitarian impoverished Chinese Communist satellite like Venezuela by not joining the fight for truth and justice against the massive voter fraud that is attempting to destroy America?  
 
 (Will US be Venezuela?: Ex-CIA Official told Epoch Times "Chávez started to Focus on [Smartmatic] Voting Machines to Ensure Victory as early as 2003": http://catholicmonitor.blogspot.com/2020/12/will-us-be-venezuela-ex-cia-official.html)
 
(Tucker Carlson's Conservatism Inc. Biden Steal Betrayal is explained by “One of the Greatest Columns ever Written" according to Rush: http://catholicmonitor.blogspot.com/2021/01/tucker-carlsons-conservatism-inc-biden.html?m=1)
  
The famed Bishop Rene Gracida answered the above question, which Kavanaugh, Barrett and Gorsuch must answer to God now and at the the hour of their death, saying America is in a battle for its very survival as a, free and independent, God fearing nation:

"This month’s battle for the republic is tremendous and earth-shaking. The only comparable moments in our history are those moments before the American Civil War and those days leading up to George Washington’s battles against the British." [https://abyssum.org/2020/12/03/this-months-battle-for-the-republic-is-tremendous-and-earth-shaking-the-only-comparable-moments-in-our-history-are-those-moments-before-the-american-civil-war-and-those-days-leading-up-to-ge/]

Bishop Gracida was a courageous WWII airman, monk, friend of Pope John Paul II and the “Savior of EWTN” as Raymond Arroyo called him in his book who at 96 looks like his is in his 70’s, is mentally sharper than most men 40 years younger than him and looks by a large margin younger than Pope Benedict XVI or Francis.

Gracida is declaring that America is in a battle between good and evil.

Pray an Our Father now for the grace to know God's Will and to do it.

Pray an Our Father now for President Donald Trump, the legal teams including Sidney Powell and justice in the United States of America.

Pray an Our Father now for the restoration of the Church as well as the Triumph of the Kingdom of the Sacred Heart and the Immaculate Heart of Mary.


 

 


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