Trump Allies Eye Long-Shot Election Reversal in Congress, Testing Pence (Published 2020)
Some House Republicans plan to try to use Congress’s tallying of electoral results on Jan. 6 to tip the election to President Trump. The attempt will put Republicans in a pinch.
www.nytimes.com
President Trump lost key swing states by clear margins. His barrage of lawsuits claiming widespread voting fraud has been almost universally dismissed, most recently by the Supreme Court. And on Monday, the Electoral College will formally cast a majority of its votes for President-elect Joseph R. Biden Jr.
But as the president continues to refuse to concede, a small group of his most loyal backers in Congress is 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.
This challenge would be for appearances only but goes to show how much Republicans want to please Trump.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.
The president has praised Mr. Brooks on Twitter, but has thus far taken no evident interest in the strategy. Aides say he has been more focused on battling to overturn the results in court.
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.