https://t.co/wAM0s3u3u4?amp=1
one minute vid explaining crucial detail of gohmert lawsuit.
Game theory: Alot of Opinion but many unknown, here is anon opinion
very important ruling being requested for court to decide before jan 6/ how the house votes on the objections/competing electors- By state delegation (as constitution requires for the vote for president) or by house member?
the thinking is in a house vote for pres, potus wins vote by state delegation, but in votes to decide which electors get chosen, or which ones to throw out, etc. which will be required before a vote for prez, is it one vote per member or delegation?
so if pence tries to not count the 5-7 states with competing electors (or deviate from accepting the dem desired playbook), the house will try to intervene with a vote, they will want a member vote, not a vote per state.
it may come down to pence power alone, he presides over joint session, and can likely prevent certain debate and motions (on which electors to accept), he will try to appear fair, but there may not be a perfect way to achieve that.
here is my strategy, we have 2 ways:
at this point a good scenario imho would be for him to unilaterally not accept any electors from the heavily contested states, who have competing electors. by not opening, reading and accepting them, he may be able to avoid any debate/vote, etc. in other words he decides to not accept any, and prevents any vote (this can be greatly impacted by gohmert suit on how the vote occurs).
1- he moves things along with no debate, dems go nuts, he announces and accepts ONLY the electoral college vote of all non-disputed states Potus wins the majority 232-227. BOOM!
2- However, for Optics the better scenario may be for Pence to (deny all contested states) But, not name Potus Trump the winner, but rely on one (oft argued) Constitutional interpretation that a winner requires a majority (270) of total electors, Not a majority of accepted electors (230). Without the 270 majority, he can invoke the 14th amendment and send the election to the house for a vote by state delegation.
Either way it appears due to lack of precedent and a vague or arguable constitutional text re. what constitutes a majority, total electors or accepted electors, may be a supreme court issue/decision. By Pence interpreting it as total electors (and not the majority of accepted electors- which gives trump the win), that removes one Dem defense, and removes a Dem narrative of Pence/Potus rigging (that part) of the election.
Pence and PotusTrump can cite that they followed the Constitutional Process and let the House decide. The dems will argue to the supreme court that Pence overstepped his authority by unilaterally denying contested states, by denying debate and a vote, and that a house vote by member should have decided after debate, which electors from contested states should be accepted.
I am pretty confident the game theory being played now is ensuring (and thus preserving their neutrality) that when the supreme court inevitably has to make a ruling on Jan. 6 and Potus trump winning, they rule only based on clear cut and objective Constitutionality, and that any potential defense of the dems is quietly defeated. (as explained above whereby pence sends it per constitution to a house delegation by state vote instead of declaring potus the winner via moar accepted electoral votes.