Tuesday, December 22, 2020

Clown Car

Wonder if she was included? Okay, so under the Electoral Count Act Mo Brooks and anyone else who can get a Senator to offer the same objection(s), can get the joint session of Congress on January 6 break into two bodies in order to vote on the objections. They will have 2 hours to do so, and while the statute requires they "debate," no court in the land is going to hear a case arguing what that term means.

Because Mitch McConnell and Nancy Pelosi are going to make those votes short and sweet and over with probably on a voice vote (in the House), as in "All in favor (of ending this debate and this nonsense)? The 'ayes' have it."

But Matt Gaetz thinks he has a winner: Let's introduce Matt Gaetz to the 12th Amendment, shall we?

But Republicans cannot have their cake and eat it too. They cannot plausibly argue that the Twelfth Amendment’s silences override the Electoral Count Act while ignoring the Amendment’s plain language. If neither slate of Pennsylvania’s electors is recognized, Biden’s 268 votes would fall short of a majority of the 538 total Electoral votes theoretically available. However, the Twelfth Amendment does not say anything about those votes. Instead, it says that “[t]he person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed” (emphasis added).

We have italicized that last word—appointed—to emphasize that the Constitution does not say that a candidate must win a majority of the potential number of theoretically eligible electors who might have been appointed. He or she must win only a majority of the electors who were actually appointed. In the scenario in which the Electoral Count Act is set aside so that Pennsylvania’s votes do not count, its 20 votes are subtracted from both the numerator and the denominator. Now Biden’s (assumed) 268 votes would be a majority of the 518 votes cast by the “whole number of electors appointed.” Biden would win in the Electoral College, meaning that the decision would not go to the House.

I don't want to play this game anymore.  It's boring.  Donald Trump is a loser.  Let's brand him and move on.

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