Vice-President Pence and Certain Members of Congress Betrayed America on January 6 – Here’s Why

 

Seaborn Hall, 1/16/21

 

Here’s what we wrote just two weeks ago in a commentary on the convincing nature and content of Peter Navarro’s ‘The Immaculate Deception’ which organized, categorized and outlined 2020 Election and Voting Irregularities and Voting Fraud across six to seven battleground states:

“America has been warned. If you are a public official who has failed to show courage and do your duty you will have no excuse and should be held responsible. Every American who fails to stand up and speak and act will have no excuse. From this day forward no one can excuse themselves or offer up any excuse. If you don’t act now – today – then you are part of the future guilty that let the American Republic slip into darkness and a black abyss. If you’re reading this and you think it sounds extreme go look in the mirror and say, ‘I am part of the problem. Wake up!’ (Yell the last part several times while you duck your face in a bucket of ice repeatedly.)”

Vice-President Pence and many members of the Republican Party in Congress failed to heed this warning and admonition – or any other that they may have actually heard – and betrayed the United States of America on January 6, 2021. Their acts will go down in infamy.

Is this too strong a judgment? We don’t think so. Here’s why.

Vice-President Pence Had Multiple Options As Presiding Officer of Congress

As Presiding Officer over the Congressional Session to certify the electoral votes of the 2020 Presidential election, Vice-President Pence had multiple options within the textual and historical interpretation of the Constitution and within the wording of the Electoral Count Act of 1887 (ECA) – he chose the option of least resistance and most cowardice.

You can read Vice-President Pence’s rationalization and neutered view of his ‘lack of’ Constitutional authority to act authoritatively directing the ‘count’ as the Presiding Officer in the Electoral Vote Count here. The Vice President’s view abjectly ignores then Vice-President and Presidential candidate Thomas Jefferson’s contribution in 1800 and the Kennedy-Nixon election of 1960. It also mis-reads and mis-interprets The Electoral Count Act of 1887.

VP Pence and Congress Failed the First Option

What was VP Pence’s first option?

He could have argued that the certified electoral votes of each battleground state, beginning with Arizona, were, contrary to the Electoral Count Act, not ‘regularly given’ due to voting irregularities, mail-in ballot fraud, and voting system fraud – and due to multiple evidentially proved violations of State constitutions. He then could have offered the alternate electors of the battleground states as another choice and forced a debate and vote on that issue.

According to the ECA, in a vote on two alternate set of electors the Chambers must vote unanimously, and independently, to support one set of electors. If the Congress is split in its vote, then the electors of that state are to be set aside and not considered in the count. If six battleground states were set aside President Trump would have won with a majority of the remaining electoral votes, without even going to a Contingent Election in the House.

Instead, Pence chose to let the ‘certified’ set of electors go before Congress for debate, knowing that it was doomed to defeat because any challenge would need a unanimous vote from both Houses, independently, to be upheld. Since the House has about 10 more Democrats than Republicans it would never vote to uphold a challenge of Biden Electors.

According to the ECA, “If a state submits only one electoral return, the chambers may reject the votes of electors whose appointments were “lawfully certified” by the state’s executive only if they agree that those votes were not “regularly given.” For anyone who thinks that votes were ‘regularly given’ in Georgia, Pennsylvania, Michigan, Wisconsin, Nevada, or Arizona (please read The Navarro Report, at a minimum, if you do) I have some wonderful land in South Georgia to sell you – its called the Okefenokee Swamp.

VP Pence failed to frame the issue correctly. Congressional members failed to exhort, direct and support him. Republicans failed to unify and, by being unified, give the Vice-President moral exhortation. As Presiding Officer, however, it was Pence’s duty to act, not only to Congress, but to the millions of disfranchised voters in America.

VP Pence Failed the Second Option

The Electoral Count Act of 1887 may not be constitutional since it established dates and procedures for the Election found nowhere in the US Constitution.

The Act came out of a similar election controversy in the 1876 Presidential election, but most scholars acknowledge the ambiguous and confusing language of parts of the document. According to Rudy Giuliani, Trump attorney, there is question among legal scholars as to the constitutionality of the law. Articles in two recent legal journals have raised the question.

This option would have taken more courage and leadership, but VP Pence could have cited the questionable constitutionality of the ECA and acted independently to choose the alternate electoral votes for Arizona and then each subsequent battleground state. This has historical precedent in 1800 when Thomas Jefferson chose possibly fraudulent Georgia electors who voted for him as President over the electors for his opponent. A similar situation also occurred in the 1960 Kennedy-Nixon election over disputed electors in the State of Hawaii.

A decision like this one would have undoubtedly created more chaos and backlash on Pence (but certainly not more than what occurred, plus, the death of a protestor, in hindsight). At the very least it may have forced the subsequent involvement of the Supreme Court, giving Trump another option.

VP Pence Failed the Third Option

What was VP Pence’s third option?

The one the President chastised him for in a Tweet, “giving States a chance to certify a corrected set of facts.” Several states had specifically petitioned the Vice-President, asking him to not ‘count’ or accept their state’s certified votes but to send them back to the state for a legal audit. Pence could have refused the state’s certified votes and suspended the session of Congress until the state’s acted. Pence failed to act on their request.

Conclusion

We certainly can’t look into the Vice-President’s heart and determine what he was thinking in his situation as Presiding Officer over the Electoral vote. But, too often Americans have been fooled by the words and stated intentions of politicians. We are tired of that. We can evaluate someone by their actions and by the seriousness and need of the moment.

VP Pence’s actions within the context of a national crisis, almost certain voter fraud that turned the election in Biden’s favor at the last minute, the failure of state legislatures, and millions of angry disfranchised Americans falls way short of the moral criteria that should be expected as the standard for national leadership. Especially that of a Vice-President.

State legislatures, at least, have some excuse. Liberal or anti-Trump governors and high standards of 2/3 or 3/5 approval in a member poll made it difficult for them to call Special Sessions to de-certify or re-certify Biden electoral votes. Vice President Pence knew this and should have taken it into account.

By this standard, both the Vice-President and most of the Congress – but especially Republicans like Mitch McConnell, Mike Lee, and Marco Rubio, and others like them – failed abjectly. These and others in Congress who refused to object to the battleground state’s fraudulent electoral votes should have been aware of the basic language of the US Constitution, the language and procedure and questions regarding the ECA, the State Constitutions, and the content of The Navarro Report on election fraud (at the very least). Their abject failure to provide any leadership to protect the American people, the American system and the nation from falling from its perch as a Republic and light for all nations should disqualify them from national leadership in the future.

People give themselves excuses to do the wrong thing – Constitutional ‘excuses’, or otherwise. On January 6 Pence gave himself an excuse to be a coward and a politician and betray America. That is why America should make sure he never becomes President in the future.