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Ted Cruz Leads Group of Senators Opposing Election Certification

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Cross Radio
January 4, 2021 12:00 pm

Ted Cruz Leads Group of Senators Opposing Election Certification

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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January 4, 2021 12:00 pm

Ted Cruz Leads Group of Senators Opposing Election Certification.

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Jay Sekulow breaking news 12 senators led by Sen. Cruz to challenge the election live from Washington DC Jay Sekulow where an extraordinary time in our country's history. We went into this election with the country deeply divided, deeply polarized, and we seen in the last two months. Unprecedented allegations of voter fraud. Phone lines are open for your questions right now. Call 1-800-684-3110 and that's produced a deep, deep distrust of our democratic process across the country. I think when Congress have an obligation to do something about that women obligation to protect the integrity of the Democratic system and now chief counsel for the American Center for Law and Justice Jay Sekulow broadcasts and we are really today's the usually defined lot in the present and that is when the Congress certifies the election about his schedule to take place on Wednesday. We now know that several senators led by Ted Cruz and Josh Holly two separate approaches here are going to file objections to the certification coming in from the states. What is that mean that means that what we will see happen is that as that's the envelope for open is a call for certification let them walk through the particulars on at the moment there's going to be formal objections filed by were not the first time in history that's happened. In fact, in the Bush versus Gore era that George Bush won the presidency after Supreme Court challenge. Went to the Senate for the certification and Barbara boxer let an objection to this happens we can walk through what that means but here the objection is going to be that an emergency electoral commission be appointed to conduct a 10 day audit and then those states that after the audits complete think they need to change their electoral college status can do that now.

It's interesting about that, frankly, is that bidders right now. 12 senators talk about the sorbate to get it to where it would actually happen. You have to get the house and the Senate van to grand that not a likely scenario, not a likely scenario data. What is can happen when these 12 senators object and join more than 140 members of the house of the interjecting is both chambers will have to debate the merits that they will be in a recess back into their own individual chambers and they will debate for a couple of hours of the objections in NJ. You mentioned that this is not unprecedented that it happened during the George W. Bush election jailer accident four times were Democrats have objected in one chamber or the other. And by the way, while there wasn't a senator that joined the last time around J there were members of the house that objected to the very last Presidential election of Donald J. Trump. In fact, Sheila Jackson Lee repeatedly objected during that so this is a process is laid out in the Constitution we now know that members of both bodies will object there will be debate NJ on John this Wednesday will see this process play out the American people watch this debate in both chambers, and it will come to resolution.

The objection is to be the appointment of electoral commission anywhere. Excitement will get into the particulars skews me on that.

But as it relates to as a relates to history. There is a history on this is not the first times that will get into it in greater detail, but there is history on this if there is history and it goes back to the 19th century in the race between Rutherford B Hayes and Samuel Tilden where the electoral college votes were challenged in the commission appointed by the severe consisting of senators and representatives and members of the Supreme Court voted along party lines and Rutherford Hayes was elected President United States. By 11 electoral vote in that election.

So these are not new things. It's just that we know more about them now we hear more about them. We see more about them their morning in front of us in the media and the things that we are more aware of than we were in the middle of the 19th century, the latter quarter of the 19th century, and I think look this is going to be what your comments on this at 800-684-3110. The legal challenges are pretty much done. You don't really there's no real path there that this is an unconstitutional approach would be successful.

The numbers just don't look like a globally may just based on the numbers that are out there just does not seem possible.

Anything is possible that when the body politic. You never know, but I mean it just does not seem possible. But what what all that means what's left in all of this. Come back in the right will take your calls and 800-684-3110. Take the last couple second tier of the segment say thank you Torres LJ members.

What a December month we had a wreck expose a world record was record for the ACLJ a large month of sport we've ever had.

I want to thank each of you for that. We really appreciate your support American Center for Law and Justice back challenges facing Americans or substantial time and are now free to start constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights in court in Congress to get in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms event remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side.

You are already a member. Thank you, are not well this is the perfect time to stand with us. ACLJ.org where you can learn more about our life changing work, become a member today ACLJ only one.

A society can agree that the most vulnerable invoice.

Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the Obama care means to as many ways your membership is empowering the right question free copy of mission in life today online ACLJ/let's walk first through what happens on Wednesday the six what is the actual process that will happen. The number to go through what Sen. Cruz, Sen. Holly are doing the let's walk through what the processes sure show on Wednesday at 1 o'clock J there will be a joint session of the Congress. This is for people watching. This is gonna look very much like a state of the union address will be in the House of Representatives members of Congress members of the United States Senate will be present.

The vice President will be cheering that can that that meeting, Speaker Pelosi, who was just barely let reelected a speaker will be up on the dais as well, but the vice President will be opening of the votes the electoral slates that have been sent from the states. J. And you know typically what happens is it's just a mere counting of those votes and you can walk through this process where council votes actually house that done. The clerk that the clerk counts in the vice President Oaks and opens it and then the accounting clerk counts the votes of the states. You know I J if there if there were no objections. Typically what happens is there just counted up and then the winner is announced. However, I think it's important to go back to what you mentioned in the last segment of the broadcast. The last time that there was an objection J it's not like it was 1876. Even I think that's the most relevant analogy the last time there was election in objection was the last election 2017 Sheila Jackson Lee went down to the floor and objected time and time again, as did others, now in order for the object to be heard and debated on J, it has to be presented in writing and signed by both a member of the house and a member of the Senate and that's where we get to this next agent you want to talk about it. If an objection is heard in writing signed by member the house and the Senate in each of those objections is debated on and voted Summit speculated that the vice President could simply say I'm not going to accept these electors that that that he has the authority to do that on the Constitution. I actually don't think that's what the Constitution has in mind. If that were the case in the vice President could refuse Andy any election.

Yeah, that's not the case at all.

I think with the ministerial procedural for his administrative procedure function I actually watch vice President Biden presiding at the electoral college certification of resident from last time and that it is it is more than him making the choice of the Pres. is going to be asked to abide by the United States code which gives the procedure if anyone is interested is three, United States code, section 5 counting electoral votes in Congress. And it just lays out in great detail not only how the procedures are what time it has to start.

It even says it has to start at 1 o'clock in the afternoon on the specific day which is six day of January, so everything is laid out very very clearly in the in the law as to what has to be done and when it has to be done in the procedure that has to be followed this with Sen. Cruz's proposed we rate it says to it, Congress should immediately appoint an electoral commission with full investigatory and fact-finding authority to conduct an emergency ten-day audit of the election returns in the disputed states. Once completed, individual states would evaluate the commission's findings and should convene a special legislative session to certify a change in their boat if needed.

Accordingly, we intend to vote on January 6 to reject the elector from disputed states is not regularly given and lawfully certified.

That's the statutory requirements where they regularly given and lawfully certified unless and until that emergency ten-day audit is complete. Cruz is working separately from Republican Sen. Josh Holly his efforts to challenge electoral college are also informed, what is his focusing on fan weld Sen. Holly essentially just wants to reject the certification of the votes outright J look at it that that approach is not going to move forward.

I think that the approach by Sen. Cruz. While I think you accurately described as a very uphill fight yet think that's the only one that might have some light of day because of for two reasons, mainly one. There's there's clear precedent for this.

This exact thing did happen in 1876 when multiple states actually submitted multiple slates of electors. We don't have that here J but in 1876 there were multiple slates admitted in several states in the Senate wanted.

Actually they wanted advice from the commission on which one they should accept but that commission is what Sen. Cruz and these other 11 senators are proposing if it got a majority of both the House and the Senate. That commission would be set up, they would have 10 days to act and if it followed the mold of 1870 6J, there would be five senators, five members of the house and then five Supreme Court justices, there's a there's a majority minority breakdown there, but that's the simple mold and here's the second reason why think it probably has more traction than the one from Sen. Holly J. It leaves authority with the state. So what would happen is when the commission was done with it was to work it would submit its findings back to the states in question and give the states.

One final opportunity to say do you want to submit a new slate of electors date. It's a real long shot, but that's how it would play out if the commission were there and it did give advice he would go back to the states in the state to decide what to do with that information together to that point to get the commission placed the house and the Senate would have to agree that's correct, they would need to be a majority of both chambers, and so look just at that date. This you would need Democrats in the house of representatives. I don't see that you know I don't either. I just wants out of the unit. All the Republicans in the Senate. Me, quite frankly, I mean, you may, you know, I mean some what you want because I meet somebody come out and said no.

I think Ben Sasse said no. Cassie said no so I mean I'm trying to get the book were 48 hours away from this process really getting in the way only to be reality.

You watch this program listen to us on a revision 1 reality. So let me be the reality. Reality is this is a constitutional process at Ted Cruz's report. I don't question at all. It's been done before were going to get into that. The next that last statement of the first half-hour to say what happened in 1876, but realize the process. The process will require all the majority to house a majority in the Senate to agree and the chance of getting the job. That doesn't mean dumping the challenges.

By the way, I think it's worth the effort. It's currently constitutional effort, but there's also this rumor running around with this theory running around that Mike pence himself can simply declare the winner take the alternate slight and I just don't see that in the United States Constitution and folks at the end of the day with all of the allegations of fraud and all the issues we dealt with at the end of the day, we have to abide by the Constitution were constitutional Republic so I'm I'm trying to look at one of the legal options here.

One of the political options.

I think what Sen. Cruz is doing is the is is a politically constitutional approach.

What's going take a call. The face calling from Wyoming on line 3 taking your calls at 800-684-3110-I draw near global people in their county. What are some fraud cases that have been open up. I know by the Georgia Secretary of State in the division of elections, so there are individual cases that are being prosecuted what you're talking about widespread fraud manipulation and I'm there to tell you what my sense is that from based on what is been presented and you and you are a a local DME. I am a special district attorney for Georgia handled cases for IDA's you got have evidence of compelling evidence to get an indictment right. He hangs can just come in and make an allegation without being supported by compelling evidence and in Georgia. It's not the county attorneys by the weights. The district attorneys, but the main election official in Georgia is the Secretary of State acting through the Atty. Gen. of Georgia who has to bring these actions for election fraud and voter fraud. And I understand from what I read and hear that reference Berger, the Secretary of State is investigating instances of voter and election fraud in the various counties and outcome determinative, which is but not if it's not going to make a difference in the final outcome of the case know that's right right so the net on YouTube as this. I understand that this is a long shot but why did the Senators just decide this weekend before and then I think the answer to that is there waiting to see what the legal challenges were to do. Yeah I think that's the answer and I also think they didn't have a role until this stage of the process now meet maybe they could've gotten the ball rolling sooner and talked about it sooner, but J the Constitution and the relevant statutes here only bring the constant TR that that the federal office. The house and the Senate into play. On January 6 for the counting of the votes, they can't actually select any of the electoral slates and this gets to your point about VP Penn State got no authority to submit a slate of electors for any given state. That's an authority that comes from the state not it would be a little bit of a different issue.

If you and he was talking about Georgia and their Republican officials there if some of the Georgia officials looked at the evidence and thought that the slate was invalid, the legislature, there could have submitted a second slate of electors. They did not do that if they did, J.

And there were two slates of electors from the state of Georgia say in front of Mike pence he probably would be looking for guidance on which one to accept. But J on Wednesday when he opens those envelopes and the clerk is about ready to count them going to be one slate before them from the state of Georgia for people to understand that there are alternative slates voted, but they did not vote under the sanction of the secretaries of State or the state legislature. So when those ballots are open by the vice President is not to be left with hear my two slate options so I mean I think was a wise move for these other slight student to engage they did that in case when the court were to in fact have done something they didn't. It does not appear there going to at this point so you gotta deal with this you know someone said well you know I think so stealing the election is constitutional.

No proving that they steal an election is what courts do what lawyers are supposed to do if they have the evidence to support it here. The problem was the male appellants in the first place. I think created a whole host of problems and lack of verification by proving that is very difficult for Mencius to know I'm not to sit here and tell you it's a done thing and to be something pulled out of the air January 6, and anything can happen. I just don't see it.

I will be taken right will take your calls. We come back and hundred 684-3110, 1-800-684-3110 Sen. Cruz's approach time-tested actually were to talk about that. The election of 1876, only one.

A society can agree that the most vulnerable invoice. Is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ were fighting for the rights of pro-life activists ramifications. 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to discover the many ways your membership is empowering the right to question your free copy mission life today online ACLJ/challenges facing Americans are substantial time and are now free to sort constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice on the front lines connecting your freedoms defending your rights and courts in Congress and in the public arena and exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms then remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member not well this is the perfect time to stand with us ACLJ God where you can learn more about her life changing, member today ACLJ is closing closing electoral college panel. Basically a commission electoral commission to review with full fact-finding authority in 1876 there was a disputed election and this was the exact process that utilize Andy's looked at it, but that this is again this is not up by the way they mention this and that, in the last election cycle. There was a challenge.

Sheila Jackson Lee.

I think you said Pam was just yeah did that against Pres. Trump Barbara boxer did it against Pres. Bush and then of course, in 1876. That was the abatement yeah the electoral commission was a temporary body that was created in January 1877 by the Congress to resolve the disputed Presidential election between Democrat Samuel Tilden and Republican Rutherford B Hayes, who by the way, was the first President ever use the telephone and they were the main contenders in the election. Tilden 184 votes electoral votes to one short of the hundred 85 needed to win. Hayes had 120 65 and 60 electoral votes from four states were unresolved so that was Benedict with the balance was both Tilden and Hayes electors submitted votes from these states, in each claim victory and the Democratic-controlled House of Representatives in the Republican-controlled Senate formed this bipartisan electoral commission to settle the election and mention the consisted of 415 members, 5 feet from the house and the Senate and five Supreme Court justices, eight were Republican seven Democrats. The vote commission voted along party lines to avoid to award all of the 20 disputed votes to Rutherford Hayes, thus assuring his electoral margin by one electoral vote hundred and 8584 Congress Natalie into it. He was in 165 that's rhyming behind that's right. And so he wins the 20 votes from these four uncontested states and they affirmed the decision and he is declared the winner by one electoral vote. So there is a process that is historically based in what Sen. Cruz is trying to do right now.

It wouldn't be something new and unfair untested or untried before unprecedented it has happened and it is an idea that doesn't bear looking at the issue is on this fan is take to get it to that stage, you have to have consent of the bottom two bodies of the Congress. That's right, so here here's how it works amulet to go through one stated a time, and open these slates of electors with the first date that's open.

That is challenge. Let's say it's Georgia.

There will be an objection will be presented in writing signed by a member the house signed by a member of the Senate. At that point, J both of the chambers must debate the objections he will have debate in the house, you will have debate in the Senate and then both chambers will have to vote on them in order for the objection to stand in that state that is currently being objected to. In this case it would be Georgia.

Both the chambers both the House and the Senate would have to have a majority of the members of that body support. The objection now I'm here to tell you I don't think that's can happen, but let's play it out.

Let's just say, hypothetically, there was a majority in both chambers, those electoral valve votes from that state that was being contested would not count and they would proceed through the counselor at the end of the count. If you had six states they were the electoral votes were not counted and then this electoral commission were formed.

They would convene for 10 days they would look at the evidence and they would send their findings back to those six dates for those states to determine whether or not they wanted us to submit a new slate electors day that's that's how it would have to play out if there were to be any change in the outcome of the election you see any of the states doing that in the accounts. I do not see any changes if there was going to be a change in Georgia when I happen buying The governor would've not certified the election and the legislature would a Mennonite and that the Republican controlled legislature. And they could under the Constitution have submitted their own slate of electors that could happen way back. It did not happen. I don't think it's going to happen. I don't think any of the electoral votes are going to change our Jewish conference California lines excitedly welcome broadcast loved her very much welcome calling, what are they allowed to date and will be actually cooperate with them and say will know that private information we can't get it.

He's calling for is calling for an audit what that looks like you know I'm not sure the Subpoena power. I guess a good yeah and I would be the idea. He said that he wants to have full investigatory and fact-finding authority to conduct an emergency 10 day audits of JA in my view, the trouble is not so much giving and the authority to investigate and maybe have in the states cooperate. The trouble here is the 10 day window. I mean, look, I think you would have to have something brand-new and earth shattering because remember before the commission can even open that investigation. Even if there given the full power of both chambers, you have to have votes from Democrats in the House of Representatives jamming that is going to take something that we just don't have on the table right now it's Monday. This happens on Wednesday unless something happens and that 48 hours you're not gonna get Democrat votes in House of Representatives K most important thing is that election in Georgia tomorrow. Now a member in the tell you how to vote vote whatever candidate you want because we want Joe Biden to have an unchecked authority within the you'll vote for us off and not work because you want them to have an unchecked art.

If you want have a check on that authority you would vote for La Follette Leffler and for Purdue met not tell you that's just the fact now only tell you what you should not do in Georgia is not show up. If you have not voted yet, you should show up and vote because literally the control of the United States Senate is in the hands of the citizens of the state of Georgia. You control which way this Congress goes and fan I don't think you could. I can overstate that. No question about it. The people who are telling voters not to go to the polls or to boycott the election do not have the best interest of Georgia voters invite Georgia voters control their own destiny.

They get to choose their two senators. It's a very rare occasion that both Senators are up at once and they are the only ones entitled to make that choice people to tell them to stay away from the polls aren't looking out for their best interest I've ever tell you this day. If the if the control of the Senate were to shift if if John Awsat and Raffaella Warnock were to win both of those races. Here's what you have.

You have a President of the Senate, Harris, you have a leader, Chuck Schumer and you'd probably have a chairman of the budget committee named Bernie Sanders.

I went Georgia voters can select that if they want, but that's what's on the ballot yet. Here's what Sen. Cruz said about the significance of this Georgia election. I think these two Georgia Senate races on January 5 are without exaggeration. The most important Senate races of our entire lifetime fee.

If we see a Democratic majority, a Chuck Schumer majority.

I think they will do generational damage. It will empower the extreme angry leftist voices in the Democratic Party.

There you go. I think that's not an overstatement, because these are two candidates that are very left of center. That's what you want, but you should note that that which one is your vote for the Jew Republicans to couple things were going to break we come back when you get more into the Georgia race were taught what the realistic outcome is in the Congress. How does this go forward on January 6 but I also want to tell you something. We appreciate the support you all gave the American Center for Law and Justice in December was a record month ever had and I want to thank you in the middle of the war. Thank you for that. God was very good and your support made a huge difference.

Also, let me say this, we are on Facebook. Of course we want to subscribe to our channel like to share it here. The speed with your friends on YouTube which is a little bit newer for us.

We want you to subscribe hit the bell right there on that page so that you get the alert from her own and share with your friends that whole new audience were developing on YouTube which is great but we want more subscribers running hundred thousand in January so we encourage you to do that and will be back with more including your phone calls at 800-684-3110 ACLJ is been on the frontline protecting your freedoms and rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side. If you're already a member thinking.

If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ live from Washington DC Jay Sekulow, chief counsel for the American Center for Law and Justice Jay Sekulow Sen. Cruz Johnson Langford Baines Hannity Blackburn on sinners elect Loomis Marshall Haggerty and Turberville have a going with Sen. Cruz and proposing that a resolution be passed that were challenge be made to the election so this is going to be a actual way.

This is the work is that the dissenters intend to vote on January 6 to reject the electors from the disputed states is not quote regularly given and lawfully certified, which is the statutory language unless and until that emergency 10 day audit is complete to proposing a ten-day audit they want. Congress should immediately appoint electoral commission with full investigatory and fact-finding authority to conduct an emergency ten-day audit of the election returns in the disputed states. Once completed, individual states would evaluate the commission's findings and can convene a special legislative session to certify a change in their votes needed. Accordingly, the scorn of the centers we intend to vote on January 6. Reject the electors from the disputed states is not regularly given and lawfully certified unless and until emergency emergency audit is complete enough and realistically, how many centers do you expect to join that in addition to base what we know there can be 12. I think there is a possibility. There might be a handful of others I I think the majority of Republicans will not join that effort J the list that have Artie said that they're not going to include leader McConnell John Thune Roy Blunt Tom cotton Ben sass, Lindsay Graham and a few others.

J so II think probably that number be somewhere between 12 and maybe 16 or 18. But here is really the relevant answer. It only takes one. It takes one house member and one Senate member to trigger the debate. The two-hour debate that will happen. However, no matter how many object J then it takes a majority of both chambers to actually reject the slate of electors and then set up this possibility for a commission. So while I'm very certain that the objections can happen in the debate is can happen in both chambers.

I just don't see a scenario where the House of Representatives especially is going to approve or reject any of the electoral slate NJ just just to be honest with you I expect the senator to reject the age of objection as well yeah so I mean realistically folks on the processing these constitutional that Sen. Cruz and his others are proposing the political reality of the situation is it's not likely to prevail because in the house alone. You have to have a majority. The votes are just not there. I mean you have to be realistic about these things.

You have to have a majority in the house and you have to have a majority in the Senate and the votes simply not there.

The process that Sen. Cruz and his associates are suggesting is perfectly constitutional perfectly appropriate. It is not new. It is not unprecedented. It is happened before.

It's a way to look very carefully at the electoral slates that have been presented by the states and to give the legislatures an opportunity if it goes through to look again and whether the electors that they certified all they want to continue to certify and in the Presidential election.

But the reality is we have to be realist about these things is that the votes in the house and in the Senate are simply not there then that this commission and to get this through. It's not there. That doesn't mean they can't make the challenge and doesn't mean they should make the challenge and the right to make the challenge and its eyes was that is been done in recent elections. Let me also say this that visually a lot of protests in Washington on Wednesday.

Protester fine civil protester fine. What's not fine is violence. We criticize with reason violence engaged in by the left. I will criticize violence if it's engaged in by the right as well.

This is not a time for violence with Eric country of laws we live by the rule of law. We would bite where constitutional republic. We got to remember that the Constitution will survive this. We just have to remember that job playing by the rules. Sometimes the other side may not we should still do it because ultimately that's how the Constitution survives, we come back from the break in the taker because of me say thank you. Get the folks were giving the reason I'm giving you reality. I could come in here and said this this plan by Sen. Cruz is going when I was, I think it's perfectly valid and legitimate, but I'm giving you what I think the outcomes can be. I don't think the outcomes are to be what what a lot of you want. I don't see the boats there court cases and not turned up the evidence and I don't think electoral commission will get appointed, let alone succeed. Think about the challenges facing Americans or substantial time in our value freedom sort constitutional rights are under attack more important than ever to the American Center for Law and Justice ACLJ on the frontlines injecting your freedoms defending your rights in court in Congress and in the public arena and exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms event remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you for your thoughts. Well, this is the perfect time to stand with us ACLJ.where you can learn more about her life changing, member today ACLJ only one. A society can agree that the most vulnerable in voice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold mission will show you how you are personally publication includes a look at all major ACLJ fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the worship ministry what Obama care means to discover the many ways your membership is empowering the right question for you, mission life today online/leading the efforts in the Senate, which I think are valid and there's anything I only anybody would say it's not a valid or constitutional approach. It's a constitutional approach would listen. Some of you are hearing is repeating their calls for violence and violent Michele something that is a really bad idea really breakable. Secondly that's not the way the Constitution works third live in a constitutional republic and the way to handle this is not is not to take violence, go to the streets. Listen to what Sen. Cruz, who is leading the effort on this actually said this is by five.

I think everyone needs to calm down and I think we need to tone down the rhetoric.

This is already a volatile situation is like a tinderbox and and and throwing throat throwing lit matches into it and and so I think the kind of hyperbole were saying the kind of angry language you yesterday when I released my statement with with 10 other senators.

I did multiple multiple Democrats urging that that that that I should be arrested and tried for the crimes of sedition and treason. That's not helpful at a time when this country were pitted against each other to just relax and let's do our jobs was a lawyer calling for Mike pence to be brought before a tribunal for you know basically disloyalty to the United States in an treason that was in no absurd outrageous violation of law and order against everything we stand for. Because the vice President is not something he does not have the authority to do because that'll give you a better result that the country you want to limit people's at taking vigilantism into their own hands. This is dangerous stuff. What they should've done is actually presented facts in court. Apparently that wasn't accomplished. I wasn't involved in those I eggs hardly speak Adam as I was very tangentially involved in one case that went to the Supreme Court that we got a stay but may then establish that man don't happen happened. It was an established things can happen in the Oedipus not establish just what the court doesn't intervene. Judges put forward by Donald Trump. Look Alina what Thomas said they working to get the relief the Texas wanted to deal with reality here folks.

In reality is tomorrow. You got an election in Georgia. Let's go to the phones on this case calling from Tennessee can you hear about this thing about different franchise motor unit. We have the technology for everyone to have a legal voter ID all it takes is good, responsible citizens to go out and vote do their job.

Listen, I agree with you.

I it's hard for me to believe that they still cannot boats they still can't count books and they still are problems with that but they do.

I mean, it is an issue and it's you. Note electoral electoral integrity fan I think is something going for the has to be looked at. There is no federal standard because the Constitution gives this to the states.

But then there needs to be some overlook or or some approach to ensure election integrity here and by the way J that's an outcome from this debate the tapping and on Wednesday that can and must happen.

Lucky even to play the sound earlier from Ted Christine, 39% of the American people think that the election was rigged, including 17% of Democrats holding J we need to fix that. I mean, the electoral commission of 1876 that was one of the things one of the reasons that the electoral count act was passed in 1887 to try to make some of those reforms to look weird and I don't think anybody saying you look at the problems that happen.

You look at the disregard for state law that happen in for the latitude that executives and state supreme courts took an sake just walk away from it exactly the opposite. J. This needs to be a moment where the American people get more confidence in the process of their election and they do that by airing the problems that happened during this election and then in then calling on their state legislatures to clean those acts up the work, regardless of whether your candidate won or lost. The American people deserve to know that the right candidate won the election. Right now, today as we set J the American people don't have that. That's an outcome that needs to happen out. Elvis know you don't know you do not know that is true Brentwood trick that is very true. I do think it was election fraud and I think that election fraud was lack of verification. The mail-in ballots and I mean the problem is establishing it, but my goodness, there were no checks and balances in changing the dates upon which the ballots could come in all of that was unconstitutional. The problem is the court precedent on this is not that clear. In other words, when people rely on the state Supreme Court's decision, the Supreme Court of the Ice Age to be very reluctant to disenfranchise or whatever you want. Take away that vote that's been cast, pursuant to a state Supreme Court decisions that makes it very difficult. Renée is calling online for hibernate around why I think it's perfectly legitimate what they're doing their raising the issue, election integrity has to be an issue. Now you don't ever want to have this happen again.

So by bringing this to light, you'll do that.

It's good to be over with a couple what how much time to get for debate is a couple hours it's two hours per objection and I think Jay therein object to six states are to be a long day. Yes okay settle go all day and it's valid to do that make perfectly valid what you got tomorrow.

You got the U.S. Senate being determined in the state of Georgia not just for the two senators from Georgia who has control of the United States Senate and I think that stayed with the other thing is, I think that bringing these charges up you embrace a good question why the logging these charges and challenges because they think something was wrong and they have the constitutional authority senators to do this and here is the reason why this would center crusades bite number six dismissing these claims. I think does real violence to our democratic system we ought to have a serious fair process and tribunal to consider these claims consider the quickly consider them expeditiously. We can do it in 10 days before the inauguration. I think that would take major steps to towards reestablishing trust in our democratic process and I believe that should be a bipartisan objective we may be to divide today for that to happen, but Democrats should be interested in Americans having confidence in our electoral system just as much as Republican should we think is right. This is look. This was an unorthodox election we had the pandemic and unfortunately the pandemic was used. To change the rules and that's where the election irregularities took place.

They use the pandemic to change the rules that's exactly right. J. The pandemic was an excuse excuse to change the rules into these very very perilous waters of the of mail-in ballots where the signatures are not verified on the ballot against the envelope against the voter registration card and that turns around the election. Mail-in ballots were used in some states and have been used in some states successfully Oregon.

I think that they have gone through years and years of looking at this Florida and other juristic, talk about absentee ballots. I'm talking about mail-in ballots, but that was use the pandemic was used as an opportunity to tread in the waters that were very perilous. Let's say and to do things that should not have been done and I think what Sen. Cruz is trying to do is perfectly legitimate, and the fact that it may not succeed doesn't mean it fan can and should be tried because everything that is constitutional. Everything that is legal. Everything that is within the purview of what our Republic stands for, should be tried to ensure the integrity of an election and that's what he's trying to do here. Establish this commission. Give it 10 days. Given investigatory power. Let the legislatures hear from these bipartisan commissioners and determine whether they want to stick with our local electoral slight or change their electoral slave and I think it's an important thing to do in order to give confidence to this process. Look, we are electing the President of the United States 10 days to look at this is not an unprecedented or an unreasonable thing to ask for. That's why think is legitimate for Sen. Cruz to raise these issues and Sen. Holick to do this and the in the house two was also a lawsuit filed by Louis Gilbert against Mike pence saying that Mike Penn should have the authority to declare the election null and void. Basically, that was wrong in the end, the judge that threw the case out was a judge appointed by Pres. Trump who is a constitutional conservative, and the vice President I states cannot nullify the election.

My goodness of that was the case and it would been the election last four years.

Hillary Clinton because Joe Biden would simply say you know what, I don't think this was fair. I hope she won the popular election popular vote. I will go ahead and give the election as the vice President and the President of the Senate, I would give and the presiding officer for these proceedings for the certification.

I would go ahead and give it to Hillary Clinton, thoughtless people say Mike pence can fix this. Think about that you do a lot of thinking, as were dealing with this we had to defend the Constitution we had to defend these elected election interrogating desk to be going for the gigantic issue and you got day tomorrow.

George the fate of the United States Senate rests in Georgia and no matter what you think a big governor of the Secretary of State to whatever side you're on. You haven't already voted, you need a boat it is critical for election integrity that you vote.

Maybe you were just never really got 20 seconds and I it's an acrimonious campaign, their attack ads in terrible things on both sides, but look, if I can plead for you to do one thing, vote don't not vote because you feel that the election was rigged and wrong though only one. A society can agree that the most vulnerable. Is there any hope for that culture to survive. And that's exactly what you are saying the American Center for Law and Justice, defend the rights of life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn, called mission will show you how you are personally publication includes a look at all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later, planned parenthood's role in the worship ministry what Obama care means to discover the many ways your membership is empowering the right question free copy mission life today online/challenges facing Americans is freedom sort constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights and courts in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member. Thank you, are not well this is the perfect time to stand with us ACLJ God where you can learn more about her life changing become a member today ACLJ might and that's the important state. I grew up a lot of Mike Revere's in Georgia, went to college in Georgia. Pam was born in Georgia. We lived in Georgia for a long time you got up big burn tomorrow and that is that you're determining, for whatever reason, it has now become George's decision on the control of the United States Senate and that is a big big decision. I want to tell you something. The polling numbers and I and I don't know because are all within the margin of error. So the real clear politics average has soft up by .8 which is interesting because Purdue actually want that basing it on turnout and averages.

That's a real clear politics average for father has a plus to RCP average .8 for us off of Fox five has Purdue up +1 and Emerson had Purdue up +3 Mindy can go to the earlier ones. I think the polling at this point Van doesn't matter because it's been a lot of early voting.

That is money that came in by the way, as as the general election, but there has been a lot and it's good to be at the Republicans will win. If there's a turnout tomorrow. Yeah, I mean all of the polling is within the margin of error. You know it was LLCs within the margin of error was the November 3 results. David Purdue did win over John Awsat 21 x 2%. The all of the Republicans combined in that special election against all of the Democrats combined the all of the Republicans won by about 1% J so it's just very very close about 3 million people have already voted NJ about half $1 billion have Artie been spent in the race. It is the most expensive Senate race in US history already, so look, I don't think the polls mean a whole lot but I'm here to tell you J both of these races could go either way and the party that turns out the most unified base J that party is most likely to win both the states.

You know it's interesting here. Also, you notably not talk about this much with Libertarian candidate in Georgia got about it was 112,000 votes on something that 9200 12,000 votes. That's way the bet that could sway the election because most libertarians were intended to go for Donald Trump is based on political philosophy but lives but it's up to get free country people to vote the way they want to vote, but you cannot_you can overstate rather you can should underscore the role that Georgia plays on judges on committee chairmanships on international treaties it that comes to that is just a lot at stake here and you have two different very different political worlds, so all everybody's worried about what's gonna happen on January 30 United States Senate on the President. I think that's going be a much harder challenge for the President to win on any of those because of just the sheer numbers. George's literally up for grabs in the image literally up for grabs is outcome determinative on the nonstate Senate. It really is and I can't emphasize that enough and as I said earlier, it is been an acrimonious vicious campaign. The ads on both sides of been very vicious. But as Jay said earlier, if you want conservative government. If you don't want to green new deal if you don't want higher taxes if you want America first. If you want those things, then there's a certain way you vote. If you want the opposite of that. There is another way you vote.

If you want the control of the Senate confirmation of judges to be in the hands of the Republicans.

There is a certain way you vote ambassadors the confirmation that the way cabinet members are confirmed. There is a certain way you vote, and I can't say this enough, this is my home state of Georgia. The important thing that you've got to do is not be swayed by the idea that all the election was rigged. This was a fake election the President was the election was stolen from the President were staying home. No, that's not what Americans do. Americans go to the polls and vote their conscience and their beliefs in Georgia.

You now have control of the Senate and in fact of the government because with the control of the Senate one way or the other. You have control of the government vote.

I cannot emphasize that enough to center Kemal Harris knows the importance of tomorrow's election. Here's what she said in 2020 is not over until we get to celebrate coming so they know to meet them. They may know what's at stake here.

Well, maybe, maybe, Harris more than anyone J because she would have a tie-breaking vote in the United States Senate.

If the Democrats win both of those seats look there. There is just so much estate we talked about the personnel J which is the legislative agenda set forward by the United States Senate is 100% on the line and by the way we talk a lot during the course of this broadcast about election reform will look if if evidence and in the states and other states continues to come forward and we know the ramifications of state Supreme Court's changing statutory guidelines. If we want the United States Senate to look at those things.

J. Guess what, that's that that's depending on the outcome tomorrow and George as well. You know, here's the other thing and would take a Williams call from Texas. Some people are criticizing extent that crews were wasting time. I don't think that's right. It's highlighting the problem and he has the constitutional right to do this in the statutory right to do this and he's doing it with other centers. They have the right to do this. William questioned so I have to question follow-up knowledge is all right so only in Pennsylvania Pennsylvania comes up in the senator and the senator and governor came crews even knowing they detected any object to Pennsylvania.

You could say that he could vote to not certify that you could say that the electors from those states were not regularly given this with the statute requires an lawfully certified and that's what he wants and that's pleasing to say until an audit stone so he is not going to vote in favor of certification because he thinks that they were not lawfully certified and regularly given any. That's the statutory language and that's what Ted Cruz is proposing any state can do that for any stated had to just be from the state. He can't, he doesn't have to just vote for taxes because he's from Texas. He is a United States Sen. and he has the right to vote was got with respect to the certification of any state that comes before the Senate. I'll tell you this, and it's an interesting aspect of this and I think you gotta just be be clear on this and that is the reality that Ted Cruz is doing this is based on the Constitution, but let me tell you what is not saying he's not saying that he then will determine whether these are votes are certified or not. He said he's gonna turn it back over to the states to relook at it and then if the states decide to change their slight that's up to the states is kind of how the Constitution rates are so fan.

I mean even that people need to understand what's really big you know you not like some of you are not happy with me because I'm giving you the evidence of the law. What the law actually is. But what Ted Chris is actually saying is it about notice certification on this round is to say it wasn't lawfully given.

He's going to say it wasn't regularly given brother and was not done in the lawfully's lawfully certified by the state, but many sending it back to the states after this investigation takes place for 10 days and then those states will decide that's what he saying that that's right here. He doesn't. He's not sure Tina succeeding things. It's an uphill battle, but he said look I think the irregularities are significant enough, we can take every opportunity to look at it. We've got 10 days to look at it. I want them to look at it. But then Jake is not taking control of those electoral votes from Pennsylvania, he saying to Pennsylvania, the state officials. Here's the evidence, the commission found take another look and tell us what you want to do with. That's the plan. Look tomorrow.

Big day begin to cover what's the Georgia election race very closely.

Mark is absolutely the fate of the United States Senate.

Again, thank you for support of the ACLJane December. It was a monumental. We appreciate that very much. Have a great day Georgia exterior voting tomorrow ACLJane on the frontline protecting your rights in court in Congress and in the public arena.

The American Center for Law and Justice is on your side. If you're already a member. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about her life-changing work, member today ACLJane