Trump argues Pence had ‘the power’ to ‘overturn’ 2020 election, cites proof of his authority

45th President Donald Trump released a statement suggesting that there is new proof that former Vice President Mike Pence had the constitutional authority to overturn the 2020 presidential election results.

Trump wrote on Sunday that the U.S. Senate’s efforts to pass a bill to remove future vice presidents’ ability to overturn election results is proof that then-Vice President Pence had the power to reject the Jan. 6, 2021 electoral vote count results at the U.S. Capitol.

“If the Vice President (Mike Pence) had ‘absolutely no right’ to change the Presidential Election results in the Senate, despite fraud and many other irregularities, how come the Democrats and RINO Republicans, like Wacky Susan Collins, are desperately trying to pass legislation that will not allow the Vice President to change the results of an election?” said Trump.

“Actually, what they are saying, is that Mike Pence did have the right to change the outcome, and they now want to take that right away. Unfortunately, he didn’t exercise that power, he could have overturned the Election!” Trump added.

While some have affirmed that the vice president does not have the power to overturn results, others, including former Department of Defense Inspector General Joseph Schmitz, and constitutional lawyer Ivan Raiklin, argued that Mike Pence did have the authority to throw out results.

According to Raiklin, each state, as its legislature “may direct,” will “appoint” its electors. However, he argued that because the contested states ran duplicitous elections, and because their legislatures did not dictate them, there is nothing to certify.

Vice President Pence and some lawmakers refused to reject disputed election results during the electoral vote count on Jan. 6, 2021.

On Jan. 6, 2021, several lawmakers contested election results from six states where Joe Biden was narrowly determined to be the winner of the election, despite claims of election fraud.

However, after Pence refused to reject the disputed results, he and lawmakers certified Joe Biden as the winner of the 2020 presidential election.

Currently, at least one member of the U.S. House and U.S. Senate must sign and submit in writing an objection of a state’s election results during the electoral vote count, according to the Electoral Count Act of 1887.

Afterwards, the House and Senate would meet separately to discuss the objection, and then debate it before voting whether or not to officially reject the results.

However, a group of senators, including Sens. Susan Collins, R-Maine, Mitt Romney, R-Utah, Thom Tillis, R-N.C., Roger Wicker, R-Miss., Kyrsten Sinema, D-Ariz., and Joe Manchin, D-W.Va., are currently planning to revise objection requirements.

Instead, these senators would reportedly raise the requirements for challenging a state’s results, and bar the vice president, who presides as president of the Senate, from rejecting any results.

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