Connect with us

Politics

Law Prohibits Pence From Accepting Electoral Votes From Fraudulently Certified States – Constitutional Lawyer

“I challenge any attorney anywhere to fact check this. If you have a different legal analysis, prove it.”

Published

on

Image Credit: Gage Skidmore/Flickr

Penned by Tom Pappert at National File

Citing the United States Constitution and U.S. Code, Constitutional Lawyer Ivan Raiklin says it is Vice President Mike Pence’s duty to instruct states to expeditiously send their Electoral College Certificates immediately if they have not been received.

U.S.C. 12 explains that “When no certificate of vote and list mentioned in sections 9 and 11 of this title from any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate … shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate…”

Beyond the allegations and evidence of widespread fraud presented by both President Donald Trump’s legal team and independent lawyers and witnesses across the United States, several states have now sent competing slates of delegates to Washington, D.C.

Additionally, Republicans in Pennsylvania and Arizona have asked the U.S. Congress not to accept the votes assigned by the state’s Secretary of State, suggesting they represent fraudulent election results.

Should Pence take this action, he is then instructed by the law to request these states immediately send accurate Electoral College Certificates before January 6.

Raiklin told National File that Pence will essentially force states to reclaim their Constitutional power to appoint Electoral College votes.

“That forces State Legislatures’ hand,” said Raiklin. “Pence can force the legislatures to reclaim their Constitutional power, hold a session, and appoint the Electoral College votes themselves as the Supreme Court did not address this issue.”

According to Raiklin, the Constitution would allow these states to be completely stricken from the Electoral College if Pence should refuse to accept them, and the number of Electoral College votes required to win would shrink dramatically from 270. President Trump would win under a simple majority of Electoral College votes, 232-227, without any risk of triggering a contingent election.

While many legal scholars have indicated there is ambiguity about how Electoral Votes are accepted, the media has maintained that Biden’s electoral win was secured on December 14, and will be confirmed on January 20. However, Raiklin tells National File he is willing to defend his analysis.

“I challenge any attorney anywhere to fact check this. If you have a different legal analysis, prove it.”

Should Republicans push for a contingent election, President Trump’s victory would again rely on Pence to cast the tie breaking vote after the House and Senate are deadlocked on whether battleground states Arizona, Georgia, Nevada, Michigan, and Wisconsin should be stricken from the total. Should neither candidate reach 270 votes, a contingent election would almost certainly see President Trump reelected by a vote cast by individual states, not Representatives, in the House, and Vice President Pence reelected in the Senate.

President Trump and his Republican allies in the House of Representatives and potentially the Senate have been preparing for an Electoral College contest on January 6 that may well lead to a contingent election. According to Raiklin, this would spare the country from this almost wholly uncharted territory.

Continue Reading
Comments

Politics

Biden Wants To Give Separated Illegal Immigrants $450,000 Per Person

The average amount sought through the courts is roughly $3.4 million per family, according to the report.

Published

on

Image Credit: Phil Murphy/Flickr

The Biden administration is mulling a plan to offer immigrant families separated during the Trump administration $450,000 per person in compensation, according to the Wall Street Journal, citing people familiar with the matter.

The payments – part of an inter-agency solution to several lawsuits filed on behalf of separated parents and children claiming lasting psychological trauma could amount to nearly $1 million per family, though ‘the final numbers could shift,’ according to the report.

According to sources, most of the families crossing into the US from Mexico included one parent and one child. Depending on circumstances, many families could get smaller payouts.

The American Civil Liberties Union, which represents families in one of the lawsuits, has identified about 5,500 children separated at the border over the course of the Trump administration, citing figures provided to it by the government. The number of families eligible under the potential settlement is expected to be smaller, the people said, as government officials aren’t sure how many will come forward. Around 940 claims have so far been filed by the families, the people said. -WSJ

In total, the potential payout could reach $1 billion or more.

Throughout the Trump administration, thousands of children were separated from their parents (and coyotes paid to bring them into the country) after they had crossed illegally into the country from Mexico. The lawsuits allege some of the children suffered various ailments – including malnutrition, heat exhaustion, and were kept in freezing cold rooms with little medical attention. Some claim lasting mental health problems due to the trauma of being without their parents for several months.

The average amount sought through the courts is roughly $3.4 million per family, according to the report.

“President Biden has agreed that the family separation policy is a historic moral stain on our nation that must be fully remedied,” said ACLU deputy director, Lee Gelernt. “That remedy must include not only meaningful monetary compensation, but a pathway to remain in the country.”

Senate Republicans slammed the plan on Thursday afternoon following the WSJ‘s report.

“The Biden administration’s promises of citizenship and entitlement programs have already caused the worst border crisis in history—a huge cash reward will make it even worse,” said Sen. Tom Cotton (R-AR).

The discussions about the payouts have taken place over the past few months among a group of dozens of private lawyers representing the families and government lawyers. Some government lawyers have viewed the payouts as excessive for people who had violated the law by crossing the border, the people said. One government lawyer threatened to remove his name from the case out of disagreement with the potential settlement offer, the people said. -WSJ

“It is a complicated, complex piece of litigation” – trying to resolve hundreds of separate lawsuits at the same time, and “sometimes even more complex to try the cases” said Margo Schlanger, who ran the civil-rights office during the Obama administration at the Department of Homeland Security and now teaches at the University of Michigan law school.

What will the reparations crowd think of this?

Continue Reading

Politics

White House To America: ‘We’re Coming Door To Door…With Shots!’

Will CDC soon recommend a nation-wide re-count of Covid deaths?

Published

on

United States Mission Geneva/Flickr

White House spokesperson Jen Psaki said at the daily press conference yesterday that President Biden’s strategy to get everyone a Covid shot – whether they want it or not – is to start going “door-to-door” to those not yet jabbed. So…they have a list? Also today: bomb-maker Raytheon goes “woke.” Capitol Hill Cops set up shop in California. Will CDC soon recommend a nation-wide re-count of Covid deaths?

Continue Reading

Politics

Half A Million Illegals Crossed Since Harris Named Border ‘Czar’

By the time June’s figures are reported in the coming days, the combined number is expected to be over half a million, more than the entire population of Miami, Florida or Cleveland, Ohio.

Published

on

Maryland National Guard/Flickr

According to U.S. Customs and Border Protection figures, around 500,000 illegal immigrants have crossed the southern border since Kamala Harris was named border ‘czar’.

The Washington Free Beacon reported the findings, noting that only three months has passed since Harris took on the responsibility, and that the half a million figure is just those that have been apprehended.

The CBP says around 180,000 immigrants are being caught per month. In April agents arrested 178,854 illegal immigrants, the highest monthly figure for 21 years. That figure was then surpassed in May as agents apprehended 180,034 illegals.

By the time June’s figures are reported in the coming days, the combined number is expected to be over half a million, more than the entire population of Miami, Florida or Cleveland, Ohio.

Harris only bothered to visit the border when President Trump announced he was making a trip. Even then Harris visited El Paso, some 1000 miles away from where the crisis is taking place.

Previous to this, Harris lied and claimed she had been to the border, telling NBC’s Lester Holt “This whole thing about the border. We’ve been to the border. We’ve been to the border.”

When Holt pushed back and said she had not, Harris snapped “I—and I haven’t been to Europe. And I mean, I don’t—I don’t understand the point that you’re making,” then again laughed maniacally:

On Tuesday, Republican Senator Ron Johnson argued that Harris’ trip to El Paso was designed to distract the media and keep them away from the real crisis hit areas of the border.

“They took her to a point in the border where she wouldn’t see the crisis and so the press wouldn’t report on the crisis,” Johnson said.

The Senator added, “You just simply can’t understand what this administration is doing. We literally are apprehending now about 6,000 people per day. That’s I mean, that’s a large caravan every day being processed, some of them being returned, others are being dispersed. But this crisis is not going away. It’s just under everybody’s radar because the press isn’t covering it.”

Continue Reading