Imprimatur

during the Joint Session of Congress in which the electoral votes for the President and Vice President of the United States are counted.

— @judgeluttig (@judgeluttig) February 17, 2023

reflecting the relatively -- and comparatively -- few circumstances in which there would be constitutionally legitimate need, reasons, and justification for such privileges and protections.

— @judgeluttig (@judgeluttig) February 17, 2023

and he or she performs an essentially ministerial role when presiding over the Joint Session in circumstances in which the next President is not determined by the initial counting of the votes transmitted to Congress.

— @judgeluttig (@judgeluttig) February 17, 2023

This independence is in contrast, for example, to when the Vice President casts the deciding vote on legislation or presidential appointments.

— @judgeluttig (@judgeluttig) February 17, 2023

as -- if not sooner than -- do the Speech or Debate Clause privileges and protections for Senators and Representatives, and the Executive Privilege for Presidents of the United States.

— @judgeluttig (@judgeluttig) February 17, 2023

Seems legitimate to me.

(And SCOTUS has yet to come to Trump’s rescue. They aren’t going to upend precedent (the crime exception), or create precedent, for the sake of Pence.)