PRIVILEGED AND CONFIDENTIAL: January 6 scenario Part 1
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as Adams and Jefferson did while Vice President, regarding their own election as President
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The Electoral Count Act, which is likely unconstitutional
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defer decision
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first break with the procedure set out in the Act
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there are no electors that can be deemed validly appointed in those States
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This reading of the 12th Amendment has also been advanced by Harvard Law Professor Laurence Tribe
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Pence then gavels President Trump as re-elected.
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Howls, of course, from the Democrats
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fine
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where the “the votes shall be taken by states, the representation from each state having one vote … .” Republicans currently control 26 of the state delegations, the bare majority needed to win that vote. President Trump is re-elected there as well.
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the Electoral Count Act process is followed
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the two houses break into their separate chambers,
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Ted Cruz, Rand Paul, etc.
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normal rules (which includes the filibuster)
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Pence should do this without asking for permission
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that these are non-justiciable political questions – thrown back at them, to get the lawsuit dismissed.
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the ultimate arbiter. We should take all of our actions with that in mind.