President Trump retweeted a copy of a Memo, starting online conversations between people outlining authorities and powers that Vice President Mike Pence could have used by Midnight Wednesday night to stop the certification of electors in troubled states where there was suspected voter fraud, and it appears that Pence chose to ignore those powers, which, according to some posters result in him being named in a lawsuit by the Amistad Project.
That is one version of the story which many people are following. There is another version of the Constitutional duties Pence has that says Wednesday is not an important date in the process at all, and January 6th is the important date.
If the “Pence card” theory is true, this is how it unfolds:
The idea was that Pence had until Midnight Wednesday to “pull the Pence Card” which was described as Pence sending demand letters to contested states, whose voter tallies were suspect.
The Gateway Pundit reported on the matter and said,”Many experts believe that Vice President Mike Pence has the duty to throw out electoral college recommendations in the 2020 election that are based on fraud.
This will then force these states to have their legislatures choose the set of delegates they believe will best represent the state’s election results.“
One reporter said, “President Trump has retweeted the #PenceCard memo, which details an argument set out by @Raiklin, showing how Vice President Pence has until midnight tonight to deny Electoral College votes from states with rampant voter fraud”
This is the Memo Trump tweeted Wednesday evening:
According to the Amistad lawsuit:
“The above-named Plaintiffs Wisconsin Voters Alliance, Pennsylvania Voters Alliance, Georgia Voters Alliance, Election Integrity Fund, Arizona Election Integrity Alliance, Lynie Stone, Baron Benham, Debi Haas, Brenda Savage, Matthew Dadich, Leah Hoopes, Ron Heuer, Richard W. Kucksdorf, Debbie Jacques, John Wood, Sonny Borrelli, Warren Peterson, Matthew Maddock Daire Rendon, David Steffen, Jeff L. Mursau, William T. Ligon and Brandon Beach, for their complaint, allege as follows:
Vice President Michael Richard Pence is a Defendant sued in his official capacity as President of the United States Senate. As such, Pence is identified as having legal obligations under the Constitution and federal law regarding opening and counting the ballots of Presidential electors for President and Vice President.
A. State Legislatures are Prohibited from Fulfilling Their Constitutional Responsibility.
This lawsuit seeks protection of voters’ rights in Presidential elections. Voters in Presidential elections have a constitutional right to have their respective state legislatures meet after the election and certify their votes and, based on the votes, certify the Presidential electors whose votes are
counted in Congress to elect the President and Vice President.
In drafting Article II, the Framers of the Constitution reasoned state legislatures should select Presidential electors so as “to afford as little opportunity as possible to tumult and disorder” and to place “every practicable obstacle [to] cabal, intrigue, and corruption,” including “foreign” powers” that might try to insinuate themselves into our elections.
Article II limited Congress’s role in selecting the President and provided no constitutional role for Governors. Yet, at present state legislatures should
select Presidential electors so as “to afford as little opportunity as possible to tumult and disorder” and to place “every practicable obstacle [to] cabal, intrigue, and corruption,” including “foreign powers” that might try to insinuate themselves into our elections.
As voters, the Plaintiffs have legal standing to bring these constitutional claims to ensure that Presidential elections are constitutionally conducted by Defendants.27
- The Plaintiffs claim that Article II of the U.S. Constitution provides a voter a
constitutional right to the voter’s Presidential vote being certified as part of the state legislature’s
post-election certification of Presidential electors. Absence such certification, the Presidential
electors’ votes from that state cannot be counted by the federal Defendants toward the election of
President and Vice President. Because the Plaintiffs’ votes are not counted as part of the
constitutionally-required state legislative post-election certification of Presidential electors, the
Defendants are causing the Plaintiffs to be disenfranchised. See Baten v. McMaster, 967 F.3d 345, 352–
53 (4th Cir. 2020) (voters who vote in Presidential elections have standing on claims of government
- When Defendants violate the Constitution as it relates to Presidential elections in the
Defendant, all voters in Presidential elections suffer an injury-in-fact caused by the Defendants.
Voters in a Presidential election, in this instance, have an injury-in-fact different than the public
because when they voted and they had an interest that the election in which they voted is
constitutionally-conducted. The same is true of future elections. Finally, the Court can redress the
Plaintiffs’ injuries by issuing a declaratory judgment and accompanying injunction to enjoin the
Defendants’ unconstitutional conduct.
- As voters, each Plaintiff has a fundamental right to vote.28 Thus, each Plaintiff has a
recognized protectable interest. As the U.S. Supreme Court has long recognized, a person’s right to
Suspiciously, the Lincoln project, a group of failed Republican consultants with ties to foreign interests, who hate Trump, took credit for starting the idea that Pence would betray Trump with the “PenceCard”, which then led to an article in Axios that allowed leftist media to attack Trump, and dehumanize him.
The Lincoln Project bragging:
THis Axios article is the result of the Lincoln Project braggart mythology:
At this point it is unclear what Pence’s thoughts are on the “Pence Card” play. His latest post was:
Kari is an ex-Community Organizer who writes about Cultural Marxism, grassroots activism, music, IndyCar racing and political campaigns. @Saorsa1776