The Legalities of Trump's Presidency Without Pence’s Certification

The outcome of the 2020 United States presidential election remains a contentious issue to this day, particularly in the debate around the role of Vice-President Mike Pence and his handling of election certification. If Mike Pence had refused to correctly discharge his duties in counting state-certified election results and incorrectly declared Donald Trump the winner, the legal implications would have been severe, redefining the political landscape as we know it.

Congress's Role in Ensuring Certification

According to the Electoral Count Act of 1887, the vice president is tasked with presiding over the count of electoral votes. This process is critical as it officially certifies the winner of the election. In the context of the 2020 election, it was Congress's responsibility to investigate all allegations of fraud and ensure that the certification process was fraud-free. However, this was not adequately addressed, with crucial delays and irregularities that would have had significant legal and political ramifications.

The Democratic National Intelligence (DNI) report, which was required to be released by December 18, 2020, was not released until January 7, revealing the involvement of foreign interference. This delay further stripped away any semblance of trust in the election process, highlighting the potential for manipulation and risk of legal challenges.

Trump's Potential Legal Challenges

Should Mike Pence have refused to certify the results as officially reported, it is unlikely that Donald Trump would have legally remained president. The announcement and certification of victory are procedural steps that precipitate the transition of power. If Pence had insisted on a process that was not in line with the law, it would have challenged the very legitimacy of Trump’s claim to the presidency.

Additionally, Trump’s frequent self-promotion and his tendency to attract attention through various media channels would have hindered his ability to remain silent and “stealthy.” A man who has traditionally wielded his rhetoric for political gain would not have been content with refraining from public announcements and comments, especially regarding such a momentous event.

Consequences for the Trumpanzee Throng

Without a properly certified result, the situation would have devolved into legal chaos. The U.S. Constitution specifically lays out the process for the transition of power. If Pence had not declared Trump the winner, the certification process would have been thrown into disarray. Herein lies the pivotal moment where Congress would have the final say in determining the fate of the presidency.

The House of Representatives, where Trump holds a distinct numerical advantage, would then take up the responsibility of certifying the electors. This advantage, which he has boasted about in multiple instances, would have been crucial. Trump’s plan to delay the certification process through a combination of legislative and violent means underscores his intent to maintain control over the process. Untapped mechanisms such as adjournment or inertia would have been insufficient to delay the certification indefinitely.

While Pence had the power to refuse to certify the results, the ultimate authority lies with the House. Trump’s declaration about an alternative certification process with some 'R' Congressmen suggests a predetermined plan to exploit this constitutional avenue. His tweet declaring victory and his continued stays in Ireland and Florida highlight the disconnect between his public image and his true intentions.

The Coup Effort Unveiled

Ultimately, the question of whether Trump would have remained president under such circumstances hinges on the legitimacy of the certification process. If Pence had exercised his constitutional right to refuse to declare Trump the winner, the matter would likely have been thrown to the House, where Trump would have had a distinct advantage.

The entire 2020 election debacle was predicated on Pence performing his duties as prescribed by law. This was not a mere formality but a crucial step in validating the outcome of the election. If Pence had failed to fulfill his responsibilities, the result would have been entirely in favor of Joe Biden. Therefore, the question is fundamentally based on a flawed premise and reflects a misunderstanding of the legal framework that governs the certification process.

The Electoral Count Act of 1887 designates the vice president as the presiding officer over the certification process. This role is procedural, similar to a master of ceremonies, rather than a position with substantial power. The outcome of the election is determined by the electors, with Congress acting as a final arbiter if necessary. Thus, Pence’s refusal to certify the results would not have left Trump as the de facto president.