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- President Donald Trump falsely claimed that Vice President Mike Pence “has the power” to refuse to certify the Electoral College vote count, ramping up pressure on Pence to violate the Constitution.
- Pence is scheduled to preside over the pro forma certification of the count on Wednesday and name President-elect Joe Biden the winner of the election during a televised joint session of Congress.
- Meanwhile, a group of Republican lawmakers are planning to disrupt the Electoral College count on Wednesday by objecting to electoral slates in a multiple states Biden won.
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President Donald Trump falsely insisted on Tuesday that Vice President Mike Pence has the authority to refuse to certify the Electoral College vote count, ramping up pressure on Pence to violate the Constitution.
“The Vice President has the power to reject fraudulently chosen electors,” Trump tweeted.
Pence is scheduled to preside over the pro forma certification of the count on Wednesday and name President-elect Joe Biden and Vice President-elect Kamala Harris the winners of the election before a televised joint session of Congress. Under the Constitution, Pence, as the president of the Senate, is required to announce the final count of all the Electoral College votes before the House and Senate.
Even some of the president’s closest allies have publicly conceded that it would be illegal for Pence to refuse to announce the Electoral College count. Jay Sekulow, an attorney who helped lead Trump’s impeachment defense, said during an interview on Tuesday that Trump’s demand is unconstitutional and called Pence’s role a “procedural function.”
But the president has ratcheted up the pressure on Pence in recent days.
"I hope Mike Pence comes through for us, I have to tell you," Trump said during a rally in Georgia on Monday night. "I hope that our great vice president comes through for us. He's a great guy. Of course, if he doesn't come through, I won't like him as much."
Republican lawmakers are planning to disrupt the historically noncontroversial ceremony on Wednesday. Dozens of GOP House members and thirteen senators have announced that they'll object to the counting of electors from states that Biden won, likely including Arizona, Georgia, and Pennsylvania. But they have virtually no chance of succeeding as a majority of both the House and Senate are required to reject the slates of electors. Senate Majority Leader Mitch McConnell has privately urged his caucus not to object to the Electoral College count and Democrats have a majority in the House.
Pence has consistently repeated Trump's false claims of widespread voter fraud and encouraged Republicans to object to the election certification. His spokesman released a statement this week saying he "welcomes the efforts of members of the House and Senate to use the authority they have under the law to raise objections and bring forward evidence before the Congress and the American people on Jan. 6."
"I know we all have got our doubts about the last election," Pence told Trump supporters in Georgia on Monday. "I want to assure you that I share the concerns of millions of Americans about voting irregularities. I promise you, come this Wednesday, we will have our day in Congress."