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Last-ditch lawsuit arguing Pence has ‘sole discretion’ to select electors thrown out



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A lawsuit arguing Vice President Mike Pence has the “sole discretion” to name which electoral votes are valid was thrown out of court Friday by a Trump-appointed judge.

The case, led by Rep. Louie Gohmert (R-TX) along with several representatives from Arizona, was a last minute effort to give President Trump a path to staying in the White House. U.S. District Judge Jeremy Kernodle, however, threw the suit out claiming the plaintiffs lacked standings.

An appeal has been filed with the Fifth Circuit Court of Appeals.

The case claimed that the Electoral Count Act of 1887 violates the 12th Amendment, according to the Daily Wire. The case argued Pence has the sole authority to deem which electors are valid and which will cast their vote for president. In the case of two or more dueling electors, the now-appealed case was one of the strongest remaining paths for President Trump to win the highly-contested and fraud-saturated election.

As previously reported by, “Under current law, the Vice President’s role in certifying the electoral college results is one that is more symbolic. However, this lawsuit seeks to make that role one that is more active and can contest the results over allegations of widespread voter fraud in many key swing states.”

“[P]rovisions of Section 15 of the Electoral Count Act are unconstitutional insofar as they establish procedures for determining which of two or more competing slates of Presidential Electors for a given State are to be counted in the Electoral College, or how objections to a proffered slate are adjudicated, that violate the Twelfth Amendment,” the lawsuit reads, as reported by the Daily Wire.

“This violation occurs because the Electoral Count Act directs the Defendant, Vice President Michael R. Pence, in his capacity as President of the Senate and Presiding Officer over the January 6, 2021 Joint Session of Congress: (1) to count the electoral votes for a State that have been appointed in violation of the Electors Clause; (2) limits or eliminates his exclusive authority and sole discretion under the Twelfth Amendment to determine which slates of electors for a State, or neither, may be counted; and (3) replaces the Twelfth Amendment’s dispute resolution procedure – under which the House of Representatives has sole authority to choose the President,” the lawsuit reads.

Whether the Court of Appeals will see the suit as legal and having a solid argument, will be announced in the coming days.

You can follow Ben Wilson on Twitter @BenDavisWilson

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PJ Media report: SHOCKER! WaPo Update About Mar-A-Lago Raid Doesn’t Fit the Narrative



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PJ Media’s Kevin Downey Jr. has dissected a Washington Post report regarding findings from the raid of former President Donald Trump’s Mar-a-Lago estate. “Shocker! WaPo Update About Mar-A-Lag0 Raid Doesn’t Fit the Narrative” Downey Jr.’s report is titled.

“Remember when the FBI raided Trump’s home supposedly looking for “nuclear secrets” a few months back? Guess how that turned out?” the article begins.

I’ll let the quislings at the Washinton Post spell it out:

Federal agents and prosecutors have come to believe former president Donald Trump’s motive for allegedly taking and keeping classified documents was largely his ego and a desire to hold on to the materials as trophies or mementos, according to people familiar with the matter.

In other words, Trump was keeping souvenirs, as everyone else does.

Funny how WaPo sat on that story until after the midterms, right?

But wait, there’s more!

That review has not found any apparent business advantage to the types of classified information in Trump’s possession, these people said. FBI interviews with witnesses so far, they said, also do not point to any nefarious effort by Trump to leverage, sell or use the government secrets. Instead, the former president seemed motivated by a more basic desire not to give up what he believed was his property, these people said.

The WaPo also found no evidence that Trump was looking to “leverage, sell or use the government secrets.”

They threw the idea in near the very end that they still might come up with something juicy:

The people familiar with the matter cautioned that the investigation is ongoing, that no final determinations have been made, and that it is possible additional information could emerge that changes investigators’ understanding of Trump’s motivations. But they said the evidence collected over a period of months indicates the primary explanation for potentially criminal conduct was Trump’s ego and intransigence.

Continue Reading: PJ Media

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