President Trump Lawyer Wrote Memos Revealing Pence Could Have Halted Biden Certification
According to a recent report, President Trump’s campaign lawyer, Jenna Ellis, “prepared two legal memos on Dec. 31rst and Jan. 5th of 2020, claiming that former Vice President Mike Pence had the authority to count presidential electors from states that delivered the White House to Joe Biden.” Ellis claimed in the memo that “Pence had the authority to prevent a Biden presidency because certain parts of the Electoral Count Act were likely unconstitutional.”
Ellis noted that “the vice president should simply stop the count when the time came for Arizona’s electors to be accepted. He should then declare that Arizona and several other states Biden did not uphold their end of the requirement for certifying their own electors, the states would therefore have to act.”
On January 4th 2021 Ellis appeared on a Just the News television show, The Water Cooler with David Brody, suggesting that former Vice President Mike Pence “delay certifying the elections results for Joe Biden when Congress convenes Wednesday and instead ask legislatures in the six states where results have been contested to clarify which candidate's slate of electors should be approved,” adding: "What Mike Pence could do, and what he should do, in fact, is to direct a question back to the state legislatures when there are two competing slates of delegates from these six states, he can ask that question to the states and say, 'well, state legislators, you know, I have an oath to the Constitution to uphold the Constitution as written in Article II Section 1.2 which says the state legislatures direct the manner in which electoral delegates are selected. So you tell me which of these two slates was selected in the manner that your state general assembly has designated.
Ellis presented a followup email to Just the News which outlined the following steps she believed could be taken lawfully:
Pence should not open any of the votes from the six states, and instead direct a question to the legislatures asking them to confirm which of the two slates of electors have in fact been chosen in the manner the legislature has provided for under Article II, Section 1.2 of the U.S. Constitution.
The Vice President should open all other votes from states where electors have been certified and not contested, and count accordingly.
The question would then require a response from the legislatures, which would then need to meet in an emergency electoral session.
Pence should require a timely response from each state legislature and set a deadline of Jan. 17. If any state legislature fails to provide a timely response, no electoral votes can be opened and counted from that state. The Constitution provides that if no candidate for President receives a majority of electoral votes, the Congress shall vote by state delegation. This would provide two and one-half days for Congress to meet and vote by delegation prior to January 20 at noon for inauguration.
Pence would not be exercising discretion nor establishing new precedent, simply asking for clarification from the constitutionally appointed authority in each of the six states.
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