UPDATED 8:27 AM PT – Tuesday, January 5, 2021
According to Trump campaign attorney Jenna Ellis, Vice President Mike Pence can overturn fraudulent election results without setting a bad precedent.
“He (Pence) 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,” explained the attorney. “Which says the state legislatures direct the manner in which electoral delegates are selected.”
Ellis pointed out that several key states have competing slates of electors and only state lawmakers can decide which one of them casts votes for U.S. president. She added, if Pence asks state legislatures that question then he would avoid exercising discretion or establishing new precedent.
“That’s actually returning the authority to the constitutionally vested entity and just simply directing that question, I think would then require a response from these very timid, to put it lightly, state legislators that haven’t been willing to act,” the attorney continued. “And it would, in fact, then give a very clean outcome to this election.”
For conservatives, the solution is never to ignore the Constitution and rule of law just because the other side is.
The solution is to keep fighting to properly enforce it.
The principle of limited government is the heart of liberty.
— Jenna Ellis (@JennaEllisEsq) January 2, 2021
Ellis added, Pence could give state lawmakers the deadline of January 17 to appoint electors and then Congress would have two days to finalize election results before the inauguration.