Does Mike Pence want to save America?

Many scenarios have been floated as possible paths to a Trump presidential victory.  A Harris/Biden presidency, as the effective third Obama administration, is the last step in the Republic's total destruction and the ultimate end of the rest of the world that aspires to freedom.  It must be stopped.  This post suggests one way to give the House of Representatives the final decision on the presidential election.

Article II, Section 1 of the Constitution says, "The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates [electoral votes], and the votes shall then be counted."

The votes showing the reported electoral results from the states and Washington, D.C., will be transmitted to the House chamber and counted.  Some states may present more than one slate of electors.  Designated House and Senate members will look at each vote to determine its validity and present it to Vice President Mike Pence, president of the Senate, for his inspection and approval.

If one House member along with one Senate member objects to an electoral vote's validity or a state's slate of votes, there will possibly be debate and a vote to reject the electoral vote(s).  If the Senate members agree that Trump has won and the House members disagree, the election will be thrown to the House for a final resolution of the election. 

While this is possible (see Mark Landsbaum's "Trump's End Game"), Trump opponents on the Republican side in the Senate are unlikely to reject any state-approved slate of electors in favor of an alternative slate.  Majority leader McConnell has already told members of his caucus not to oppose state-approved electoral votes.

Information regarding widespread voter fraud swinging the election to Biden could be introduced as evidence.  If it's plausible, it will be difficult for Congress to disallow the evidence.  However, if it is disallowed but still widely available for public review, it may still have a profound effect.

Big Tech and the media will try to suppress the evidence, but we already know that a large share of the population believes that widespread voter fraud makes the election results highly suspect.  To spread facts, it might be necessary to drop leaflets all over the country explaining the evidence of fraud — something like our past efforts to provide information to citizens of totalitarian countries around the world.

recent New York Times article reviews the process.  The conclusion is that Pence will have no choice but to certify Biden as president.  May I suggest a different possibility?

Suppose Pence says he believes that widespread coordinated fraud swung the election to Biden.  He says that, as a constitutional officer, he swore to uphold the Constitution and defend it against enemies both foreign and domestic.

Pence, therefore, refuses to certify that Biden has at least 270 electoral votes.  The election goes directly to the House.  There is no one else who can certify the election.  No one can replace Pence unless he agrees!  According to Senate procedure, a temporary president (a serving senator) can be chosen only if the vice president is absent.

Next, Pence could say, "I hereby certify that neither Joseph Biden nor Donald Trump has received the necessary 270 electoral votes to be elected president of the United States.  Therefore, the presidential election is immediately referred to the House of Representatives for a determination of who shall be elected president. We are adjourned."  Gavel raps.

What would happen if Pence did that?  There would be riots, arson, bombings, and murder in the streets.  The National Guard would have to be mobilized to control the situation.  Many would have to be put in jail and left there.  The Insurrection Act would probably be invoked and, perhaps, martial law invoked in certain areas.  Would these costs justify Pence's action?

Certainly, Pence would know what he was setting loose.  Would he have the foundational belief in God and country to carry through regardless, accepting momentary chaos as the price for liberty?

No one can doubt Pence's beliefs.  But what we are talking about here is a reversion to the Revolutionary Period.  This would be a "give me liberty or give me death" moment.  It is quite likely that some would make a concerted effort to kill him and others allied to him.

On the other hand, Pence is a true patriot.  This is a historic moment.  Does he want this especially important place in history?  Few have such an opportunity.  And does Pence want to be president?  Without a second Trump term, he has no chance of being president.

So you have a combination of true patriotism and raw self-interest, which is not an unknown force in American history.  This could be enough incentive to drive him to save America.

Image: George "Pence" Washington by Andrea Widburg, using public domain images.