President Trump Delivers Bold Message Before Electoral Certification

Written by Martin Walsh

This article contains commentary which reflects the author's opinion

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President Donald Trump fired off an explosive tweet on the eve of the Jan. 6 certification of the Electoral College and it’s already raising eyebrows.

The president, of course, is putting a lot of pressure on Vice President Mike Pence to reject electors.

“If Vice President Mike Pence comes through for us, we will win the Presidency. Many States want to decertify the mistake they made in certifying incorrect & even fraudulent numbers in a process NOT approved by their State Legislatures (which it must be). Mike can send it back,” Trump wrote.

Earlier on Tuesday, Trump claimed Pence has the authority to “reject fraudulent chosen electors.”

“The Vice President has the power to reject fraudulently chosen electors,” Trump wrote.

During a rally on Monday night at a Georgia rally, Pence himself made some interesting comments on the matter.

“I know we all got our doubts about the last election … I promise you, come this Wednesday we’ll have our day in Congress. We’ll hear the objections. We’ll hear the evidence, but tomorrow is Georgia’s day,” the Vice President said to a crowd at Rock Springs Church in Milner while campaigning for Georgia GOP Sens. Kelly Loeffler and David Perdue.

According to a report from Axios, Pence reportedly “welcomes” an Electoral Vote challenge by House and Senate Republicans.

The comments were made in a statement by Pence’s Chief of Staff Marc Short.

“Vice President Pence shares the concerns of millions of Americans about voter fraud and irregularities in the last election…” Short said in the statement to Axios. “The Vice President welcomes the efforts of members of the House and Senate to use the authority they have under the law to raise objections and bring forward evidence before the Congress and the American people on January 6th.”

In a recent piece, Harvard Law magna cum laude Alexander Macris explains how Pence has the capability to change the outcome of the election if he feels that voter fraud took place.

Macris dove into the history books as he explained how Thomas Jefferson only won the presidency because he chose Georgia’s electoral college votes in his own favor.

He wrote:

Foley, also obviously unhappy with this situation, goes on to explain:

[Thus] Republicans [can] point to the historical pedigree of this position, observing that Republicans made the same argument during the disputed election of 1876 and that at least some recent law journal scholarship has supported this position. Unembarrassed by the apparent conflict of interest caused by Mike Pence simultaneously being a candidate for reelection and arbiter of the electoral dispute, these Republicans observe that Thomas Jefferson was in essentially the same position during the disputed election of 1800 and yet the Twelfth Amendment left this provision in place when Congress rewrote the procedures for the Electoral College afterwards.

Wait, Thomas Jefferson pulled this trick? Indeed he did. The 1800 Presidential election was a contest between Jefferson, Aaron Burr, John Adams, Charles Pinckney, and John Jay. Jefferson, as the current Vice President, was the President of the Senate when it came time to count the votes. And he counted them in his own favor! Bruce Ackerman and David Fontana explain what happened in their article “Thomas Jefferson Counts Himself into the Presidency” (90 Virginia Law Review 2004, 551-643):

Thomas Jefferson was remarkably aggressive as President of the Senate. Georgia’s certificate – granting four electoral votes to Jefferson – was constitutionally defective on its face, a deficiency that was announced on the floor of Congress and reported by leading newspapers of the day. To resolve all doubts, we have located Georgia’s certificate in the National Archives, and it does indeed reveal striking constitutional irregularities…

Nevertheless, Jefferson failed to pause before counting George’s four electoral votes into the Republican column, declaring the final vote as if nothing were amiss. Had Georgia’s ballot been excluded, the vote count…would have admitted all five candidates into a runoff in the House… Without the decisive use of his power as President of the Senate, Jefferson might never have become President of the United States. (emphasis added)

“Thomas Jefferson, the author of the Declaration of Independence, the man whose face adorns Mt Rushmore, among the most revered founding fathers of our country, only became President because he used his unilateral power as President of the Senate to open and count the presidential ballots in his own favor,” he added.