The Truth About January 6, and Where We Should Go From Here
According to a left-wing propaganda narrative that you can read in the New York Times, Washington Post, CNN, and similar outlets, the violence in Congress that occurred in the afternoon of January 6 was the culmination of a long series of outrages by President Donald Trump. When he lost the November election to Joe Biden, he could not accept his loss. He kept making baseless claims that he had won the election and accused Biden supporters of using fake ballots and rigged voting machines to inflate the totals for Biden. He kept filing lawsuits to get parts of the verdict overturned, but the courts rejected all his claims. He thought he still had a chance on January 6, when the electoral votes are counted in Congress. He wanted Vice President Mike Pence to violate the Constitution. Although Pence has the purely ceremonial role of presiding over the joint session, he wanted Pence to toss out slates of electors who opposed him, or at least send them back to the states for recertification. Pence refused to violate the Constitution. When Trump found out about it, he was so angry that he incited part of a rally supporting him to storm Congress and shut down the session. Because of him, several people were killed. He is a sore loser who should be removed from office immediately and sent to prison for sedition as well.
Every word of this narrative is false. Let’s take one item out of chronological order, because it has gotten so much attention. It’s alleged that Trump became enraged at Pence because Pence wouldn’t violate the Constitution. In fact, there is a good case that what Trump was asking Pence to do was perfectly legitimate. As John Yoo and Robert Delahunty pointed out in an article in the American Mind last October 19,
We suggest that the Vice President’s role is not the merely ministerial one of opening the ballots and then handing them over (to whom?) to be counted. Though the 12th Amendment describes the counting in the passive voice, the language seems to envisage a single, continuous process in which the Vice President both opens and counts the votes.
The check on error or fraud in the count is that the Vice President’s activities are to be done publicly, “in the presence” of Congress. And if “counting” the electors’ votes is the Vice President’s responsibility, then the inextricably intertwined responsibility for judging the validity of those votes must also be his.
If that reading is correct, then the Electoral Count Act is unconstitutional. Congress cannot use legislation to dictate how any individual branch of government is to perform its unique duties: Congress could not prescribe how future Senates should conduct an impeachment trial, for example. Similarly, we think the better reading is that Vice President Pence would decide between competing slates of electors chosen by stat
Article from Mises Wire