Pence Says, Trump Says, ATeam Says
Pence:
"There are those in our party who believe that as the presiding officer over the joint session of Congress, I possessed unilateral authority to reject Electoral College votes. And I heard this week that President Trump said I had the right to ‘overturn the election,'" Pence said at a Federalist Society event in Florida.
"President Trump is wrong. I had no right to overturn the election," Pence continued. "The presidency belongs to the American people, and the American people alone. Frankly, there is almost no idea more un-American than the notion that any one person could choose the American president." (
Source)
Trump:
"
Just saw Mike Pence’s statement on the fact that he had no right to do anything with respect to the Electoral Vote Count, other than being an automatic conveyor belt for the Old Crow Mitch McConnell to get Biden elected President as quickly as possible. Well, the Vice President’s position is not an automatic conveyor if obvious signs of voter fraud or irregularities exist. That’s why the Democrats and RINOs are working feverishly together to change the very law that Mike Pence and his unwitting advisors used on January 6 to say he had no choice. The reason they want it changed is because they now say they don’t want the Vice President to have the right to ensure an honest vote. In other words, I was right and everyone knows it. If there is fraud or large scale irregularities, it would have been appropriate to send those votes back to the legislatures to figure it out. The Dems and RINOs want to take that right away. A great opportunity lost, but not forever, in the meantime our Country is going to hell!"
ATeam:
Pence is correct. The Constitution does not vest unilateral authority in the Vice President to reject Electoral College votes. Trump's response relies on his usual name calling, injecting "alternative facts (which are actually falsehoods) and ascribing false motives to others; and is consequently unpersuasive.
In yesterday's statement, Pence also said,
“The American people must know that we will always keep our oath to the Constitution, even when it would be politically expedient to do otherwise,” he told the group Friday. He noted that, under Article II Section One of the Constitution, “elections are conducted at the state level, not by the Congress” and that “the only role of Congress with respect to the Electoral College is to open and count votes submitted and certified by the states. No more, no less.” (
Source)
Trump is incorrect when he says, "
If there is fraud or large scale irregularities, it would have been appropriate to send those votes back to the legislatures to figure it out." With very careful processes, the Electoral College ballots are certified by the states before they are submitted. The Constitution does not provide the Vice President (one man) the power or responsibility to question or reject those ballots when received. The Vice President's duty is to count the ballots.