Lawyer: Pence has power to overturn fraudulent election

FPI / December 25, 2020

Constitutional lawyer Ivan Raiklin on Dec. 22 sent out a tweet urging Vice President Mike Pence to inform the secretaries of state in six contested states that he cannot accept their certified electors because they were not legally appointed due to overwhelming evidence of election fraud.

Raiklin contends that the U.S. Constitution grants the Vice President the power to overturn a manifestly fraudulent election.

Under Art. II, Section 1 of the Constitution, each state, as its legislature “may direct,” will “appoint” its electors. Because the six disputed states (Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin) ran entirely fraudulent elections, and because their legislatures did not dictate fraudulent elections, there is nothing to certify, Raiklin said.

Because the six state legislatures did not authorize fraud as a basis for selecting electors, Raiklin contends, those states could not and did not validly certify their electors on Dec. 14.

"The problem is one of fraud in the inception: When fraud permeates an election, the state lacks the power to appoint electors because no law authorizes the state to act in the absence of an honest election," Andrea Widburg noted in a Dec. 24 analysis for American Thinker. "Notably, more than 50 courts have refused to examine the mountains of evidence attesting to illegality in the elections. The cases were decided only on procedural grounds. Thus, no authority within these states has ever properly ruled upon election fraud."

According to Raiklin, there is one person who can examine that evidence and act accordingly — Vice President Mike Pence.

"In this strange year of 2020, we may learn that the Vice President is the most powerful man in America," Widburg noted.

Pence, who is also President of the Senate and will preside over a joint session of Congress on Jan. 6 to count electoral votes, has available to him all the evidence of fraud and irregularities the public has seen.

Because he also is briefed on classified intelligence, Pence also has information available to him that state representatives, Supreme Court justices, and other senators haven’t seen. That information would include evidence of foreign intervention in the election under President Donald Trump’s 2018 Executive Order 13848.

Director of National Intelligence John Ratcliffe’s final report has yet to be issued, but he has already confirmed that China and Iran interfered in the Nov. 3 election.

Pence also has access to federal information about other criminal investigations, including investigations at Department of Justice, Election District Offices, FBI Field Offices, U.S. Attorneys’ Offices, the U.S. Post Office’s Postmaster, and the U.S. Post Office’s Inspector General.

Raiklin contends that this combination of information and authority means that Pence has the right to demand proper certification from the states and the “sole plenary power” to determine whether the elector appointments he receives are legitimate.

Widburg noted: "This idea puts enormous pressure on Pence. He’s has proven to be a rock of stability and competence. He’s also a man of deep faith and patriotism, both of which contribute to courage. And courage is what Pence would need to act on this legal advice."

Free Press International