Friday, during an interview with Mobile, AL radio’s FM Talk 106.5, Rep. Mo Brooks (R-AL) explained his plan to challenge the Electoral College vote, which had gotten traction in recent days as Politico took notice earlier this week.
It even drew Brooks praise from President Donald Trump, who would benefit if Brooks were successful.
Thank you to Representative Mo Brooks!
— Donald J. Trump (@realDonaldTrump) December 3, 2020
Brooks said momentum was building for his effort in the U.S. House of Representatives.
“On the House side, momentum is building strongly in favor of fighting various state submissions of Electoral College votes. To mention a few — Nevada, Georgia, Pennsylvania. It is quite clear, based on overwhelming evidence, that Donald Trump if the law was obeyed, if only lawful votes cast by American citizens were counted, Donald Trump easily won those three states. And as the evidence comes out to a larger and larger degree, the public is, of course, starting to react. They’re starting to better understand this voter fraud and election theft crisis that we’re in. And they’re demanding that their congressmen and senators help clean up our election system. Part of that cleanup is making sure that those who try to steal elections do not profit from it. So, it is moving in the right direction.”
According to Brooks, when it is time for Congress to certify a Joe Biden victory on January 6, he will challenge the results if he can find a Republican from the U.S. Senate to join him in the effort.
He based the strategy on what is laid out in the Constitution.
“A lot of people don’t understand,” Brooks explained. “They think the courts resolve these disputes. That is false, OK? Courts can influence the outcome, no question like they did in the year 2000. But in the United States Constitution, Article 1 — Sections 4 and 5, Article 2 and the 12th Amendment, the United States Congress has absolute final say on election contests that involve any federal elected position. That’s the House, that’s the Senate and that’s the White House. I’m hopeful that we will exercise that authority and protect the sanctity of our voting system and stop the election theft that is undermining credibility of our republic.”
“The procedure is on January 6 at one o’clock, states will submit to the United States Congress with Vice President Mike Pence presiding, so it is a joint session, the states will submit to Congress their purported Electoral College vote results,” he continued. “And it is done in alphabetical order, and at any point in time, if one House member and one Senator file a joint objection, then the submissions by other states are stopped. We immediately take a two-hour recess from the joint Congress. The Senate goes back to their Senate chambers. The House stays on the House side. We have two hours of debate. At the conclusion of that two hours, we must have a House floor vote, and we must have a Senate floor vote on whether to accept or reject a state’s Electoral College vote submission.”
Brooks said there was “ambiguity” about how the vote would be decided. He explained it would be based on a majority in the Senate. However, in the House, it could be based on a vote by state congressional delegations according to the 12th Amendment. According to the Alabama lawmaker, 27 of the state delegations are controlled by Republicans and 20 by Democrats, with the others being evenly split. However, he said it could also come down to a simple majority of members of Congress, as well.
Brooks encouraged listeners to watch the video from Georgia, which shows what some are alleging is wrongdoing during a vote count.
Follow Jeff Poor on Twitter @jeff_poor