Trump Allies Eye Long-Shot Election Reversal in Congress, Testing Pence
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a small group of his most loyal backers in Congress are plotting a final-stage challenge on the floor of the House of Representatives in early January to try to reverse Mr. Biden’s victory.
Constitutional scholars and even members of the president’s own party say the effort is all but certain to fail. But the looming battle on Jan. 6 is likely to culminate in a messy and deeply divisive spectacle that could thrust Vice President Mike Pence into the excruciating position of having to declare once and for all that Mr. Trump has indeed lost the election.
The fight promises to shape how Mr. Trump’s base views the election for years to come, and to pose yet another awkward test of allegiance for Republicans who have privately hoped that the Electoral College vote this week will be the final word on the election result.
For the vice president, whom the Constitution assigns the task of tallying the results and declaring a winner, the episode could be particularly torturous, forcing him to balance his loyalty to Mr. Trump with his constitutional duties and considerations about his own political future.
The effort is being led by Representative Mo Brooks, Republican of Alabama, a backbench conservative. Along with a group of allies in the House, he is eyeing challenges to the election results in five different states — Arizona, Pennsylvania, Nevada, Georgia and Wisconsin — where they claim varying degrees of fraud or illegal voting took place, despite certification by the voting authorities and no evidence of widespread impropriety.
Under rules laid out in the Constitution and the Electoral Count Act of 1887, their challenges must be submitted in writing with a senator’s signature also affixed. No Republican senator has yet stepped forward to say he or she will back such an effort, though a handful of reliable allies of Mr. Trump, including Senators Ron Johnson of Wisconsin and Rand Paul of Kentucky, have signaled they would be open to doing so.
Even if a senator did agree, constitutional scholars say the process is intended to be an arduous one. Once an objection is heard from a member of each house of Congress, senators and representatives will retreat to their chambers on opposite sides of the Capitol for a two-hour debate and then a vote on whether to disqualify a state’s votes. Both the Democratic-controlled House and Republican-controlled Senate would have to agree to toss out a state’s electoral votes — something that has not happened since the 19th century.
Several Senate Republicans — including Patrick J. Toomey of Pennsylvania, Susan Collins of Maine, Lisa Murkowski of Alaska and Mitt Romney of Utah — have forcefully rejected the idea of overturning the results, and their votes would be enough for Mr. Biden to prevail with the support of Democrats.
“The Jan. 6 meeting is going to confirm that regardless of how many objections get filed and who signs on, they are not going to affect the outcome of the process,” said Edward B. Foley, a constitutional law professor at Ohio State University who has written extensively on the electoral process. “We can say that with clear confidence.”
But he noted that the session could still carry consequences for the next few years. If even one Republican senator backed the effort, it could ensure that the partisan cloud hanging over the election would darken Mr. Biden’s presidency for years to come. If none did, it could send a definitive message to the country that despite Mr. Trump’s bluster, the party trusted the results of the electoral process and was finally ready to recognize Mr. Biden as the rightful winner.
Mr. Brooks is far from the first lawmaker to try to use the tallying process to challenge the results of a bitter election loss. House Democrats made attempts in 2001, 2005 and even 2017, but they were essentially acts of protest after their party’s nominee had already accepted defeat.
Many Republicans are already fearful of being punished by voters for failing to keep up his fight.
The dilemma is particularly acute for Mr. Pence, who is eyeing his own presidential run in 2024. As president of the Senate, he has the constitutionally-designated task of opening and tallying envelopes sent from all 50 states and announcing their electoral results.
But given Mr. Trump’s penchant for testing every law and norm in Washington, he could insist that Mr. Pence refuse to play that role.
In 1961, Richard M. Nixon, who had just lost the election, oversaw the vote tabulation and had to decide whether to recognize competing electors from the new state of Hawaii. Mr. Nixon ultimately made a decision that hurt his vote total but had no effect on the final result that John F. Kennedy had won. Forty years later, after the 2000 election, Al Gore had to reject objections from his fellow Democrats and certify the victory of George W. Bush, who had won the state of Florida after the Supreme Court ordered a recount ended in that state.
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12 Dec 2020, 5:18 pm
for supporting trump. Because doing so is deplorable.
It's over, folks. Biden won. Deal with it!
