Jimmy Higgins
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Right now, all of the elector slates fall under Safe Harbor. I believe the last time there wasn't safe harbor was Florida (2000) and Hawaii (1960). In both cases, the losing candidate oversaw the Electoral College (Gore who could have won if he swapped Florida and Nixon where Hawaii didn't matter).Gohmert suit may force Pence's hand in effort to overturn Trump's defeat
Gohmert and a handful of the would-be electors sued Pence in federal court on Monday in a long-shot bid to throw out the rules that govern Congress' counting of electoral votes next week. It’s an effort they hope will permit Pence — who is tasked with leading the Jan. 6 session of the House and Senate — to simply ignore President-elect Joe Biden's electors and count Trump's losing slates instead.
Though the lawsuit itself is unlikely to gain legal traction, it does put Pence in the position of having to either contest the suit — putting him on the opposite side of Trump and his GOP defenders — or support it and lay bare the intention to subvert the will over the voters in the 2020 election.
Pence has engaged with GOP lawmakers seeking to reverse the election results but has avoided publicly taking a side in the matter, and he has given no indication how he intends to handle his role presiding over the Jan. 6 session of Congress set to certify Biden's victory.
If Pence travels abroad and does not preside over the session, he is replaced by Chuck Grassley. I get the feeling that if the judge doesn't just sit on the case until after Jan 6, Pence won't be there to preside.
So the Distinguished Asshole from Texas is saying Safe Harbor is unconstitutional. It seems funny that the GOP is arguing that a law requiring certified electoral slates must be counted as certified goes against the Constitution. But the GOP is clearly void of any legitimacy these days. They are literally trying to use technicalities to overthrow a fair election. Hasn't worked up to now and honestly, anyone involved with these cases should be impeached from office, for incompetence.