President Donald J. Trump is still the President of the United States
Canadians in general are pathetically ill-informed or mis-informed about American politics most of the time, and it goes off the chart when it comes to the 2020 election.
This situation became worse when the Canadian PM released his official statement congratulating Joe Biden and Kamala Harris as the "next President and Vice President of the United States." And similarly, when the former PM Brian Mulroney pens an opinion piece for the National Post disclosing his Globalist loyalties in fulsome praise of Joe Biden as President-elect when there is no official and authoritative basis for addressing as such the former Vice President.
Moreover, the Canadian media headed by the mother-corporation, the CBC, is a disgrace on just about every count of news reporting and opinion commentary.
So, to begin with a little dose of reality is needed. President Donald J. Trump is still the President of the United States until the certified vote count of the Electoral College is officially announced by the President of the United States Senate in a Joint Session of the Congress scheduled for January 6, 2021. At that time Americans and the rest of the world will know whether President Trump has been re-elected, or Joe Biden will be the 46th President.
Alan Dershowitz in a recent article linked below describes the state of the 2020 election and where it is likely headed. As a Harvard constitutional lawyer of high repute his article has much merit and deserves close reading.
But remember Dershowitz is still a registered Democrat though he was on President Trump's legal team during the impeachment trial in the Senate earlier this year, and because of his Democratic ties he hedges his argument with the advice that Trump should engage with Biden for the smooth transition of power between the two men vying for the White House.
Dershowitz seems to have forgotten how "smoothly!" the transition for President-elect Trump was arranged by Obama-Biden in 2016-17, and the election result of 2016 was never genuinely conceded by Hillary Clinton and the Democrats. The Democrats and their Globalist-owned corporate media ran with the Russia Hoax through the Special Counsel Bob Mueller's rigged investigations into the Ukrainian Hoax and the impeachment of President Trump that were designed to subvert his entire first term into the November election, and now the same folks insist that President Trump abandon his legal rights to have the election results riddled with frauds be investigated before certification by the state legislatures in the contested states in question and concede the election to Joe Biden. These are also the same folks who contested the Florida votes in the 2020 election on behalf of the Democrat nominee Al Gore until the Supreme Court stepped in to decide on the results relating to the counting of ballots with hanging-chads, pregnant-chads and other anomalies with vote counts.
Here I will situate Dershowitz's article in context of the facts, not opinions, of the situation relating to the 2020 election and how the process in terms of the electoral college votes (ECV) unfolds.
There is more than suspicion that the 2020 election is riddled with fraud, rotten or corrupt mail-in ballots, and massive switch of computer tabulating of votes that together amount to a wide scale heist of votes from Trump to Biden, especially in the states where the election of 2020 is being contested.
The Trump team of lawyers led by Rudy Giuliani are contesting the election results in at least 6 states. These states, except for Nevada, have Republican majority in their respective legislatures, and their ECV noted in brackets are:
Arizona (11); Georgia (16); Michigan (16); Nevada (6); Pennsylvania (20); and Wisconsin (10).
So, there are 79 ECV in play. At present, as The Epoch Times is reporting unlike the rest of the American media, Trump is leading with 232 ECV over Biden with 227 ECV.
Biden is not President-elect, as Alan Dershowitz explains well. There is no president-elect, irrespective of what the media announces and keeps repeating, until the EC meets in their respective states and their votes are counted, sealed, and sent to the President of the U.S. Senate that will then be opened in a Joint Session of the Congress, announced and tabulated declaring the President re-elected or the new President-elect.
The relevant dates for the above procedure to unfold are: (i) Dec 8, by when all disputes over the election results in each state have been resolved; (ii) Dec 14, when Electors in each state meet and cast their ballots for president and vice-president, and then the results are transmitted to the President of the Senate, the National Archives and a list of other functionaries for record keeping; (iii) Dec 23, by when the office of the President of the Senate expects to receive the sealed ballots; (iv) Jan 6/21, counting of the ballots in the Joint Session of the new Congress elected and sworn (all House members and new Senators) on Jan 3/21; and (v) Jan 20/21 Inauguration Day.
Keep in mind that the two relevant dates are Dec 8 and Dec 14.
If all of the above 6 six states, or any combination of those six states together counting for a minimum of 44 ECV -- (e.g. Georgia, Pennsylvania and Wisconsin together with 46 ECV) -- does not certify by Dec 8 the election results then on Dec 8 their Electors cannot meet and vote, and as a result neither Trump nor Biden can be awarded the minimum 270 ECV to be declared the winner of the 2020 election.
When this happens, as I believe it is likely to happen unless all of these 6 states or enough of them fold due to intimidation of some sort and certify the election results giving the 270 ECV to Biden, then the decision of the Supreme Court Justices will be constitutionally very simple. The 12th Amendment of the Constitution then kicks in, and the election goes into the House of Representatives where the voting occurs, as Alan Dershowitz describes.
This means the sitting Representatives in the House will then vote as a state delegate in accordance with the standing of their state legislatures, and so California delegates all 53 of them together as representing the State of California will have 1 vote and that vote will be for the Democrat nominee Biden in accordance with their state legislature that is Democrat controlled; and, similarly, the other Representatives together as state delegates will each cast 1 vote for their states.
Let me explain this further, for greater clarity and as I understand the process.
Congressman/woman in the House of Representatives do not vote individually for electing the President as per the 12th Amendment. They come together in the House as members of the state delegation; in other words, for example, Speaker Nancy Pelosi is a Democrat and Rep. Kevin McCarthy is the Republican Minority Leader but both are from California and as such the two of them will be part of the California state delegation and California has just 1 vote as does any of the other 49 state delegations in the House. The California state delegation will register its vote for the Democrat nominee (Biden), since the California legislature is controlled by a Democrat majority. On the other hand, the state delegation of Texas will vote for the Republican nominee (Trump), since the Texas legislature is controlled by a Republican majority. At present the map of the "partisan" control of the states is: 29 states under Republican majority control, 19 states under Democrat majority control, 1 state (Minnesota) with split control, and 1 state (Nebraska) with non-partisan control. Hence, the 29 state legislatures out of 50 in the U.S. that have Republican majority, which then translates into 29 state delegations in the House voting for the Republican nominee (Trump), and it does not matter which individual member is for or against Trump, or for that matter Biden.
The candidate, Trump or Biden, to be elected President in the House will require 26 votes of the 50 votes to be cast. In effect, according to the 12th Amendment the House of Representatives becomes the Electoral College for the contingent (or do-over) election, in accordance with the 12th Amendment when state legislatures fail or refuse to certify the election results in their states.
As of this date there are 29 state legislatures under Republican majority control and, as such, the 12th Amendment vote in the House will re-elect President Trump.
Here we must remember, and what is often forgotten, that the quadrennial presidential elections on the first Tuesday after the first Monday of November in effect is 50 elections taking place on the same day across the American republic and each of the 50 of these state elections have to be certified by the state legislatures before the EC meets and votes. The process of electing the president, as described in Article II, Section 1 in the Constitution, including the 12th Amendment ratified in 1804 as a result of the EC dispute over the results of the election of 1800, is clearly laid out and to be followed. I might add here from my study that there is a beautiful symmetry in the step-by-step process that the founding fathers designed and put into effect, and which some of them explained in the Federalist Papers, and that indeed the subtext of the raging conflict over the American Constitution amounts to the intent of the Democrats now no longer hidden to fundamentally change the nature of the republic as a constitutional order into a majoritarian democracy of the European type. This change to be effected requires gutting the EC system and the president elected on the basis of popular vote.
You can see from the timeline given above, there is a spread of four weeks between the Nov election and the Dec 8 deadline of resolving disputes at the state level, which would include the involvement of state courts and referrals to the Supreme Court. And there is another four weeks between the Dec 8 deadline and the Jan 6/21 Joint Session of the Congress when the ECV is formally announced. Here I might also note that before the ratification of the 20th Amendment in January 1933 that set the date of the Inauguration of the President for January 20 following the November election, the inauguration would occur in March giving an extra number of weeks after the November election to the state legislatures to process and certify the election results.
And again, to repeat myself, if all or any combination of the 6 states presently being contested fail or refuse to certify the election results due to unresolved irregularities then the Dec 8 scheduled meeting of Electors voting in their respective states will become moot, and the 12th Amendment, as provided by the founding fathers for remedying such situations with contingency election by the House of Representatives, will occur.
Any and all protests thereafter that the 2020 election is stolen will be coming from the same corner of folks in America, and Canada and elsewhere, who are mostly uninformed, or misinformed, about the U.S. Constitution and who fail or refuses to understand that the United States is not a democracy as widely understood, but a republic based on a constitutional order.
President, according to Article II, Section 1, Clause 2, is indirectly elected
by Electors appointed "in such Manner as the Legislature thereof may
direct", and not by popular votes as is widely believed. And the
individual so elected is the constitutionally legitimate President of the
United States sworn in by the Chief Justice of the Supreme Court on
November 20, 2020