https://electionlawblog.org/?p=119211
Brooks confirmed his plans in a phone interview, adding that he is still considering objecting to the vote-counting process even if no one joins him — though he acknowledged that would be more of a symbolic protest. Brooks, echoing President Donald Trump’s baseless claims of voter fraud without providing evidence, argued that the election was “badly flawed” and that most mail-in voting is “unconstitutional.”
“In my judgment, if only lawful votes by eligible American citizens were cast, Donald Trump won the Electoral College by a significant margin, and Congress’s certification should reflect that,” Brooks said. “This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures.”
Brooks, a member of the conservative Freedom Caucus, said he has had “indirect communication” with some senators about potentially joining forces, though he declined to elaborate further. He also said he’s discussed the procedural maneuver with some members of GOP leadership, but they gave him neither a “thumbs up” nor a “thumbs down,” Brooks said.
As we noted here yesterday, one lawmaker from both the Senate and House needs to challenge the results in order to force a deliberation on the matter. And even then, the gambit to overturn the election results in Congress is almost certain to fail, given the makeup of the House and Senate.
But Trump’s Hill allies can still cause some mischief — and force a politically toxic vote for some in the GOP. Brooks said he hasn’t had any conversations with the White House about the issue, but it’s not hard to imagine the whole thing turning into a Trump loyalty test for Republicans.