Stating it (Very) Plainly

George Will pulling no punches. https://t.co/09SnCOMa5q pic.twitter.com/Nrck9NcbQa

— Orin Kerr (@OrinKerr) January 5, 2021

Let’s just start by accepting George Will’s point about Mike Pence (disturbing though it is). And noting that even the “Today” show this morning reported that Pence can’t do anything on Wednesday. Still, it’s nice to read it in black and white.

It’s not a “choice.”

And even if it was, the presiding officer of the Senate doesn’t have some mystical power to override that body; he can be overruled by a majority of Senators—meaning that any two Republicans siding with the Democrats would be enough:https://t.co/RLl1p28oxy

— Steve Vladeck (@steve_vladeck) January 5, 2021

Pence can’t:

1) Delay the count.
2) Decline to count.
3) Count “electors” not certified by states.
4) Get the House to vote by state.
5) Anything else to disrupt the count.

If he tries, he’ll be overruled by majorities in both chambers.

These people are wrong. And dangerous. https://t.co/xGDN3Mo5Rh

— Steve Vladeck (@steve_vladeck) January 5, 2021

Or, this could happen:

NEW: Iowa Sen. Charles E. Grassley, the Senate president pro tempore, says he and not Vice President Mike Pence will preside over the certification of Electoral College votes, since "we don't expect him to be there."

— Roll Call (@rollcall) January 5, 2021

Except it turns out Sen. Feinstein is not the only elderly Senator whose mental acuity should be a cause for concern.

Grassley's office clarifies that he was meaning to explain what would happen if Pence had to step away during Wednesday's proceedings to count Electoral College votes. "Every indication we have is that the vice president will be there," Grassley's office said.

— Roll Call (@rollcall) January 5, 2021

So the Senator "misspoke"? Or is that statement no longer operative?