Ross: Now we know what they were planning

Sep 22, 2021, 5:50 AM | Updated: 9:16 am
In this Jan. 6, 2021, file photo insurrections loyal to President Donald Trump riot outside the Capitol in Washington. (AP Photo/John Minchillo, File)
(AP Photo/John Minchillo, File)

On Monday, it was revealed why former President Donald Trump had every reason to believe he would win the 2020 election. There was a lawyer on his legal team who had described in detail how – with Mike Pence’s cooperation – it could be done constitutionally.

The memo was prepared by attorney John Eastman and labeled “Privileged and Confidential.”

Here’s what it proposed for the Jan. 6 vote count:

Vice President Pence begins to count the ballots, starting with Alabama. When he gets to Arizona, he announces that he has multiple slates of electors for Arizona, and so is going skip that state. He then skips each of the seven states with multiple slates of electors, and at the end, announces that because of the disputes, there are no electors that can be deemed “validly appointed” in those seven states. So that the total number of valid electors is only 454. And since the 12th Amendment says a candidate must get “a majority of the electors appointed” – you now need only 228 to win. And since, without those seven states, Trump would have 232 electoral votes, he wins. Pence thus declares President Trump re-elected, and bangs the gavel.

So there’s the scenario. The pro-Trump masses gathered in Washington would have hugged each other and gone home peacefully.

Now, other lawyers have pointed out that, (1) this is all BS, and (2) Nancy Pelosi could have legally delayed the inauguration and sabotaged the plan. But here’s the thing: The moment Mike Pence declared he was ignoring the votes of seven states, the anti-Trump masses would have rushed to D.C., both sides would grab the pitchforks, and our great American experiment would have come to an ignominious end.

General Milley would probably have had to declare martial law.

I understand the jury is out on whether Mike Pence deserves to be called a hero for sticking with the Constitution on Jan. 6, but I have to say, that legal brief was clearly serious. That’s why Trump was so sure he would pull it off.

And even if Pence did momentarily consider carrying it out – as has been claimed – the fact that he didn’t makes him a hero in my book. You watch. One day he’ll get his own statue. And why not? We have plenty of empty pedestals once occupied by leaders who actively tried to destroy the nation. There should be room for one who passively managed to save it.

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Ross: Now we know what they were planning