From WSJopinion: Mike Pence saved the day on Jan. 6, 2021, but where’s a bill repealing the Electoral Count Act so the next Vice President won’t have to?
A monitor shows the image of former Vice President Mike Pence during the certification of the electoral ballots at the U.S. Capitol during a public hearing of the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, Washington, D.C., June 16.‘Crazy.” “Nutty.” That’s what President Trump’s legal advisers thought of his plan on Jan.
On the law, Mr. Pence is right: The Constitution does not give the Vice President unilateral power to reject electoral votes. The argument to the contrary came from law professor John Eastman, who exploded his legal reputation in the process. The 12th Amendment says when Congress meets to count the Electoral College, the VP shall “open all the certificates and the votes shall then be counted.
The Electoral Count Act, passed after the disputed 1876 presidential contest, purports to let Congress reject electoral votes. Mr. Luttig, and we agree. In any case, there was no bona fide dispute in 2020 about the electoral votes. No state Legislature attempted to appoint electors directly. Mr. Trump’s supporters in some places organized pretend electors to cast fake electoral votes, but they had no legal validity.
Mr. Jacob said he told Mr. Eastman it could have devolved into “a standoff” between Congress and the White House, a “constitutional jump ball.” The President’s term ends at noon on Jan. 20. If Congress never validly counted the Electoral College, the order of succession says that next in line is the Speaker of the House. President Pelosi? Was that the plan? More likely, the Supreme Court would have intervened. Mr. Jacob thinks the Justices would have ruled 9-0 against Mr. Trump. So do we.
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How to watch Thursday's House Jan. 6 committee hearing focusing on Trump's 'relentless' pressure on PenceTODAY: The House select committee investigating the Jan. 6 attack on the U.S. Capitol will hold the third in a series of public hearings on Thursday beginning at 1 p.m. ET. CBS News will broadcast the hearing as a Special Report. Watch it here:
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