Wednesday, January 13, 2021

BREAKING: Arizona, Impeachment - State's Delegation Votes Party Line As 10 Republicans Help Impeach, 232-197

(This is a developing story. Please check back for videos, votes, etc.)

Arizona's delegation votes party line on impeaching Donald Trump for his role in last week's mob violence. 

10 Republicans did cross the aisle to indict the President, and the final vote is 232-197.

Arizona Rep. Andy Biggs (R-CD5) was the first of Arizona's delegation to speak on the floor during today's historic impeachment debate. He expressed his "morbid curiosity" (transcript below)

(Transcript, Biggs: IT IS WITH A MORBID CURIOSITY THAT I WATCHED THE BEAST ATTEMPT TO DEVOUR PRESIDENT DONALD TRUMP AGAIN. THE CRAVING TO CRUSH PRESIDENT TRUMP HAS NEVER BEEN SATISFIED. NOT THROUGH INVESTIGATIONS, NOT THROUGH FALSE ALLEGATIONS, AND NOT EVEN THROUGH AN IMPEACHMENT THAT WAS WHOLLY WITHOUT MERIT. AND THE TIMING OF THIS IMPEACHMENT MAKES LITTLE SENSE. YOUR CANDIDATE, YOUR CANDIDATE WILL TAKE OFFICE IN A FEW HOURS AND PRESIDENT TRUMP WILL RELINQUISH THE LEVERS OF POWER TO PRESIDENT-ELECT BIDEN. BUT YOUR CRAVING WAS NEVER A BIDEN VICTORY, NOR WAS IT EVEN A TRUMP DEFEAT. YOU BELIEVE THAT YOUR HUNGER WILL BE FINALLY SATIATED BY IMPEACHING THIS PRESIDENT WITHOUT COMPLETION OF HIS FULL TERM OF OFFICE. YOU DON'T MERELY SEEK VICTORY, BUT YOU SEEK OBLITERATION OF YOUR INDEMNIFY SILLS. THE THIRST FOR TRUMP'S DESTRUCTION WILL NOT BE SLAKED, HOWEVER, EVEN IF YOU'RE SUCCESSFUL TODAY AND WERE THE SENATE TO CONVICT PRESIDENT TRUMP. YOURS WILL BE A PURIC VICTORY, FOR INSTEAD OF STOPPING THE TRUMP TRAIN, HIS MOVEMENT WILL GROW STRONGER FOR YOU WILL HAVE MADE HIM A MARTYR. SURELY YOU'RE AWARE OF THIS AND THAT IS WHY YOUR ALLIES IN THE MEDIA SEEK TO SENSOR CONSERVATIVE VOICES. YOUR CHUMS THAT SIT ON THE BOARDS OF CORPORATE AMERICA, YES, THE SAME COMPANIES THAT THE LEFT VILIFIES, PROMISE TO STARVE REPUBLICANS FROM RECEIVING THEIR P.A.C. DONATIONS. BUT I BET THE GROUNDSWELL OF SUPPORT FOR PRESIDENT TRUMP AND HIS POLICIES WILL NOT GO AWAY. YOU SEE, THE MOVEMENT HE STARTED IS BASED ON BUILDING AN INCREDIBLY ROBUST ECONOMY, ON A FOUNDATION OF LOWER TAXES AND FEWER REGULATIONS THAT HAS THE WONDERFUL EFFECT OF PUTTING MORE PEOPLE TO WORK THAN EVER. IT IS BUILT UPON A STRONG MILITARY THAT IS EXTRICATED FROM ENDLESS WARS, BORDER SECURITY, AMERICA-FIRST TRADE AGREEMENTS, MIDEAST PEACE AND STABILITY. THOSE ARE THE THINGS THE AMERICAN PEOPLE WANT. YOUR FOUR-YEAR APPETITE WILL BE TEMPORARILY ASSUAGED. WHILE YOU WILL NO DOUBT CONTINUE TO CHASE AFTER LEADERS OF THIS MOVEMENT. BUT YOUR APPETITE WILL BE UNFULFILLED. I URGE YOU, PLEASE DO NOT, I'M MIXING METAPHORS HERE, ATTEMPT TO DOUSE THE REMAINING EMBERS OF THIS MOVEMENT WITH GASOLINE. NO ONE WANTS THAT. I URGE YOU PLEASE TO RECONSIDER THE RECKLESS ACTION IN WHICH YOU ENGAGE TODAY.)

Here is Rep. Debbie Lesko (R-CD8), saying that this impeachment is "dangerous":

(Transcript, Lesko: I RISE IN OPPOSITION TO THE RESOLUTION, AT A TIME WHEN OUR COUNTRY NEEDS UNITY IT IS CONCERNING THAT MY DEMOCRATIC COLLEAGUES HAVE BEGUN IMPEACHMENT PROCEEDINGS AGAINST A PRESIDENT WHO HAS SEVEN DAYS LEFT IN OFFICE. ALL LEGAL CHALLENGES HAVE BEEN EXHAUSTED. CONGRESS HAS CERTIFIED ELECTORS OVER OBJECTIONS AND JOE BIDEN WILL BE THE NEXT PRESIDENT OF THE UNITED STATES. PRESIDENT TRUMP HAS INDICATED HE WILL PEACEFULLY TRANSFER TO PRESIDENT-ELECT BIDEN NEXT WEEK. SO WHY PURSUE IMPEACHMENT JUST ONE WEEK BEFORE HE LEAVES OFFICE? I HAVE HEARD MY COLLEAGUES ON THE OTHER SIDE OF THE AISLE SAY THEY HAVE TO IMPEACH THE PRESIDENT BECAUSE HE IS TOO DANGEROUS TO STAY IN POWER YET THEY KNOW THAT IT IS IMPOSSIBLE FOR THE SENATE TO REMOVE HIM BEFORE HIS TERM EXPIRES. SO WHAT IS THE POINT? THIS MOVES AND SETS A DANGEROUS PRECEDENT FOR OUR NATION. IF CONGRESS IS GOING TO IMPEACH A PRESIDENT, IT MUST NOT ONLY BE DONE AFTER INTENSE DEBATE AND DELIBERATION, NOT RUSHED THROUGH AT THE 11TH HOUR TO MAKE A POLITICAL POINT. THIS IMPEACHMENT ATTEMPT IS DANGEROUS FOR OUR COUNTRY AND HAS FAR REACHING IMPLICATIONS FOR OUR FUTURE. WITH THAT, I YIELD BACK.)

Finally, here is Democrat Greg Stanton (D-CD9), saying "we can't move forward without accountability":



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Tuesday, January 12, 2021

NEW: "There Must Be Consequences For AZGOP's Bad Faith" - AZ Secretary of State Hobbs Uses Jan. 6 Failed Insurrection To Justify Sanctions Vs. Party (READ Reply)

 Attorneys for Arizona Secretary of State Katie Hobbs has renewed its call for sanctions against the AZGOP for filing an "objectively groundless" lawsuit. The blistering Reply to the AZGOP's warning to  Judge Randall Warner uses a January 6 tweet from Chairwoman Kelli Ward as the ultimate example that the party's "obvious motives were to delay final election results and sow doubt about the integrity of Arizona's elections system." 

Superior Court Judge Warner now has the issue of whether or not to hold the AZGOP responsible for the more than $18,000 in attorneys' fees incurred by Hobbs (D) in defending the action. The case was about forcing Maricopa County to audit 2% of precincts rather than 2% of vote centers, which the court dismissed because Arizona's Election Procedures Manual has the force of law and explicitly provides for such an audit.

The Reply (below) notes that AZGOP attorney Jack Wilenchik "chides the Court for 'even contemplat[ing] sanctions' in this case because in ARP's view, its arguments are 'debatable'. Not so." Arguing for the Secretary of State, Kristen Yost points out that the "plain text" of the hand count audit statute "debunks" the party's claim, and that the GOP participated in previous similar audits and could have and should have challenged the procedure long before the November election. Finally, she points out that AZGOP should have known the audit had already been completed before the lawsuit was filed.

Wilenchik's Response had emphasized that he had only had a few hours to research the lawsuit before filing it (because of tight election case deadlines). Hobbs' Reply bluntly answered "That is no excuse. Election litigation is no doubt fast-paced, but litigants and their counsel still must comply with their ethical obligations, the Rules of Civil Procedure, and A.R.S. §12-349(A)."

A different lawsuit filed by Wilenchik on behalf of Chairwoman Kelli Ward is currently on appeal at the U.S. Supreme Court.

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WATCH: AZ Rep. Lesko Tells Democrats 25th Amendment Or Impeachment Could "Possibly Incite More Violence"

HAPPENING NOW: @RepDLesko tells Democrats calling on @VP to exercise 25th Amdt could "possibly incite more violence". (Ditto with impeachment.) "Let's just move on and heal our country." (Declined to say Biden/Harris won "fair and square".) This is part of today's House Rules Committee meeting discussing resolutions calling on Vice President Mike Pence to pursue removing President Donald Trump by using the 25th Amendment of the U.S. Constitution and/or pursuing a second impeachment of the President.

Lesko emphasized that the Democrats won the Presidency and also now have control in the House and Senate. "You won, okay?...Why continue this. It's just going to cause more divisiveness."

Fellow Arizona Rep. Ruben Gallego (D-CD7) strongly responded to Lesko's comments on Twitter this morning, saying "Let’s move on? Debbie, start by admitting that there was no voter fraud & VP Biden was elected in a free fair & fair election. Shouldn’t surprise me though you are an original birther. Remember, when you demanded to see Obama’s birth certificate or proof of circumcision? (True)".

Here is the text of the resolution the Rules Committee was debating.




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Monday, January 11, 2021

BREAKING (Really): U.S. Supreme Court REJECTS Efforts to Expedite Remaining AZGOP/Ward's Election Appeals

 The U.S. Supreme Court today rejected Motions to Expedite the other two appeals that have been filed by the Arizona GOP and Chairwoman Kelli Ward. Responses will be due later this week and later this month.

Last week, the Justices flatly rejected the AZGOP's effort (along with Texas Rep. Louie Gohmert) to get the highest court in the land to tell Vice President Mike Pence that he was not bound by the Electoral Count Act - in place since 1877 - because it was unconstitutional. As Arizona's Law detailed, Ward mislead supporters into thinking that the appeal had been filed before the January 6 counting of the Electoral College votes - thus making it appear that the Supreme Court's eventual rejection was unreasonable. (It was filed on January 6.)

Today's rejections come in the Ward v. Jackson election contest appeal that had been dismissed by Maricopa County Superior Court Judge Randall Warner. That dismissal was affirmed by the Arizona Supreme Court, and the appeal to the U.S. Supreme Court had aimed to find a different portion of the Electoral Count Act unconstitutional (i.e. the safe harbor date). 

AZGOP attorney Jack Wilenchik had filed the Motion to Expedite on December 11, along with the appeal, but it was not until one month later that the Supreme Court denied the motion. The defendants (Biden electors) and the intervenors (Secretary of State Hobbs, Maricopa County Supervisors and Recorder) have until Thursday to respond to the appeal. (aka petition for writ of certiorari).

Today's second swat-down came in the so-called Arizona Kraken case. The AZGOP's attorneys - led by

Sidney Powell and Arizona attorney Alex Kolodin - lost the case in U.S. District Court and are trying to pair it with similar cases from Michigan, Georgia and Wisconsin. They are asking the Supreme Court Justices to order U.S. District Court Judge Diane Humetewa to un-do her dismissal and to force Arizona to "de-certify" the November 3 election results in favor of Joe Biden over Donald Trump.

The Motion to Expedite was late filed on December 18. Defendants have until January 28 to respond to the substance. (The AZGOP also has a concurrent appeal of this case before the 9th Circuit; however, they have not moved to expedite it and briefing will last into May.)

The Justices rejected similar motions to accelerate consideration in several other election-related appeals.

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Thursday, January 7, 2021

BREAKING: AZGOP Misled Supporters About Supreme Court Appeal Before Yesterday's Riots; Justices Reject Late Appeal (READ)

The U.S. Supreme Court Justices today REJECTED the Arizona GOP's belated appeal to try to free Vice President Mike Pence to reject Arizona's Electoral College votes. The terse rejection (at right) also revealed how the party and Chairwoman Kelli Ward have been misleading supporters (and, the nation) about their legal efforts.

The AZGOP case, filed along with Texas Rep. Louie Gohmert, was dismissed by a Trump-nominated District Court Judge and affirmed Saturday night by friendly judges on the 5th Circuit - after an 8-hour appeal.

On Sunday, AZGOP and Ward started praising Supreme Court Justice Samuel Alito, the Justice assigned to emergencies coming from the 5th Circuit. And, on Monday, Ward (and the party) announced they were sending "an emergency application for a preliminary injunction" in advance of Wednesday's counting of the Electoral College votes by Pence and Congress.

Neither part of that was entirely correct. It turned out Sidney Powell and their other attorneys did not file until yesterday (filing is below) AND that they were primarily seeking an accelerated schedule to *ask* the highest Court in the land to consider the lack of standing decision. (aka "Petition for Writ of Certiorari"). "Given the exigency of resolving the 2020 presidential election before January 20, 2021, Applicants propose an expedited schedule for the filing and resolution of a petition for a writ of certiorari. Alternatively, Applicants respectfully submit that the relief requested in this application could resolve this matter."*

Zach Henry, Communications Director for the AZGOP, tells Arizona's Law that attorney Sidney Powell and Gohmert had told them (after the video) of a "temporary request for a hold on the filing" but that it was expected to be filed later on Monday. Henry had no explanation on why it did not end up getting filed before Deadline Day.

Ward did not make any further announcements about the critical delay, leaving party members and supporters with the impression that Justice Alito had the filing under consideration up until today's rejection was released. "It was a fluid situation," was Henry's comment.

Henry declined to comment on the other two AZGOP appeals which are currently stalled in front of the U.S. Supreme Court, in addition to the languishing appeal at the 9th Circuit. (Until today, Ward may well have been holding a record for most active appeals by a non-incarcerated individual simultaneously in front of the Supreme Court.)

The other two appeals are (1) the election contest filed by Ward in state court, and (2) the Kraken case denied in Arizona's federal District Court. (The latter case also is under appeal to the 9th Circuit.) Both of those requested expedited or emergency consideration, and the latter suffered from filing issues similar to the Pence case.

Ward and the Arizona GOP have recently become national Twitter darlings among Trump supporters, boasting about the number of new followers they are gaining. 

*Of course, they may have framed it this way because they realized that they had neglected to ask the lower courts for injunctive relief, a key boo-boo.


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Wednesday, January 6, 2021

UPDATES: Electoral College Counting Day; U.S. Capitol "Under Siege" By Republican Protesters, Midway Through Debate On Arizona Objection

10:05pm: Here are the 121 Representatives who voted to overturn ARIZONA'S election results. 

THREE of the four Arizona GOP Reps. voted for the OBJECTION. @RepDavid Schweikert voted to reject it.



10:00pm: Arizona Sen. Mark Kelly (D) has submitted the following statement to the Congressional Record:

“In America, we have fair elections and peaceful transitions of power. In America, democracy prevails over chaos. And in America, those who commit violent acts against our government are held accountable. These are the values that I served to defend in the United States Navy, and that I have sworn an oath to uphold in the Senate, and they have not failed us.

“Our democracy was tested today. First, by a baseless objection to Arizona’s electoral votes, despite the fact that Arizona’s elections were fairly administered and certified by a Republican Governor, a Democratic Secretary of State, and public servants at every level of government and representing both political parties. And then again by individuals, spurred on by the president, storming the Capitol in an unpatriotic attempt to overturn our election. They will fail, tonight we will count Arizona’s electoral votes and those of every other state.

“For centuries, our democracy has thrived because after elections we have come together to find common ground and solve our challenges, and that is the work we begin tonight. My focus will continue to be on representing Arizonans by working with Republicans and Democrats and the incoming administration to beat this virus and rebuild our economy.”

9:40pm: Here is the list of 6 Senators who voted to not accept ARIZONA'S election results: Ted Cruz (TX), Josh Hawley (MO), Cindy Hyde-Smith (MS), John Kennedy (LA), Roger Marshall (KS), Tommy Tuberville (AL). 

8:26pm: House is voting on the the objection to Arizona's Electoral College votes. They are voting in small groups (pandemic-style), so this could take a while.

8:12pm: Senate has voted 6-93 to REJECT the objection to Arizona's Electoral College votes. House continues debate.

12:20pm: U.S. Capitol "Under Siege" By Republican Protesters, Midway Through Debate On Arizona Objection 

Halfway through the two-hour debate on the objection to Arizona's Electoral College votes for Joe Biden and Kamala Harris, pro-Trump protesters breached the Capitol, causing both Chambers to go into an emergency recess. Arizona Rep. Paul Gosar was in the middle of his 5-minute speech when the interruption occurred.

In the meantime, we are posting the video from the speeches by Arizona's elected officials. 

First, was Rep. Andy Biggs. He leaned heavily on the court challenge that allowed 35,000 more Arizonans to register after the legislative-passed October 5 deadline.

A couple of speakers later, the senior member of Arizona's Congressional delegation spoke. Here is the video of Rep. Raul Grijalva (D-CD3)

Just before the interruption, Gosar had made the (FALSE) claim that "Over 400,000 mail-in ballots were altered, switched from President Trump to Vice President Biden or completely erased from President Trump's total. The proof is in the counting curves."

It appears that Gosar was referring to some of the theories presented at the evidence-gathering meeting presided over by some Arizona lawmakers and led by Trump attorney Rudy Giuliani. The theory was also presented in some of the court challenges.

The House briefly went back into session solely to allow Gosar to conclude his remarks. He quickly took the opportunity to present a new (FALSE) claim: "Over 30,000 illegal aliens voted in Arizona using the federal ballot, yet our Secretary of State refused the public access to review the ballots."

C. Murphy Hebert, the Communications Director for Secretary of State Katie Hobbs, tells Arizona's Politics that the "illegal aliens voted" claim is "absolutely false". 

This misinformation could be a distortion of the number of federal-only voters in Arizona. Currently, there are about 23,000 voters in Arizona who qualify for a federal-only ballot. These voters are registered to vote in accordance with federal voting rights laws, attesting to their eligibility, including their citizenship, under penalty of perjury. It is flat out wrong to say that they are not legal voters.

Not all of those 23,000 federal-only voters participated in the November election, either. And, those who did vote did not only vote for Biden over Trump. (And, some may have voted for Rep. Gosar!)

Over on the Senate side, about 15 minutes before the breach, Arizona Senator Kyrsten Sinema (D-AZ) took to the well to defend the fairness and legality of Arizona's election.

Arizona's Politics has learned that Arizona @RepGregStanton was about to speak (following Gosar) when the Capitol was breached. Expect him to either be 1st up when debate is able to resume. (Or, after some speeches denouncing the violence.)

Most of Arizona's Congressional delegation has reported on Twitter that they and their staffs are safe, and there are no reports of any Congressional persons injured.


(This is obviously a developing story, and we will continue to update.)


11:12am: House, Senate Begin Debating Objection To Arizona's Biden Electors

Arizona Rep. Paul Gosar (R-CD4) announces the objection to Arizona's electors. Grounds given in the objection: The votes were "not regularly given".

We now split into the House and Senate. Each chamber of Congress to debate the objection to Arizona's Biden electors for two hours. The objection would have to have a majority approving it in BOTH chambers.


11:00am: Congressional Research Service: Today's Promised Challenges Are NOT Common

One thing we have repeatedly heard at Arizona's Politics is that the objections we are about to hear are common at this counting of the Electoral College votes. However, the non-partisan Congressional Research Service has put in the work of analyzing the Constitution, the Electoral Count Act, the way Congress has handled this in the past, etc. Their report shows that this will be nothing like our country has seen since the Electoral Count Act was passed in 1887.

Only two times have objections been made, debated and voted upon. And, none were claiming a systemic fraud as we will be seeing today. In 1969, two Democrats objected to one North Carolina elector who was supposed to vote for Nixon/Agnew but instead voted for George Wallace/Curtis LeMay. (aka "faithless elector")

The second time was in 2005, when two Democrats objected to Ohio's electoral votes because of the voting system. Both Houses of Congress rejected that singular election.


10:50am: Biggs: Court-extended Voter Registration Deadline Justifies Today's Challenge

As noted in our original article (below), Arizona Rep. Andy Biggs (R-CD5) will be front and center objecting to Arizona's election. Biggs posted this video to Twitter earlier this morning explaining the basis for his objection.

He refers to a court decision that extended the voter registration deadline, and is claiming that this took away the power to make state election laws from the Legislature. Of course, he does not know how those newly-registered people voted, but believes it is a sufficient reason to now disqualify Arizona's entire election. (It is not, he had an opportunity to fight the case in court.)


10:30am: GOP's "Most Dangerous" Purpose Today Is Future Voter Suppression Laws -- Rep.Gallego

As noted in our original article (below), Rep. Ruben Gallego (D-CD7) will be among the speakers defending Arizona's election process. His office has provided us with his prepared remarks:

If there’s one thing we take away from this whole situation, it should be this:

Republicans know that President Trump lost this election. They also know that Trump lost in Arizona.

Even the Republicans who are publicly trying to overturn our election today in this chamber know that Trump lost. It is a cold hard fact.

The elected officials making these objections today know that the American people chose Joe Biden but they are contesting the results of our free and fair elections anyway – and I think it’s important for the American people to understand why.

Sure – they want to avoid an angry tweet from the outgoing President.

But that’s not the only reason, and it’s not the most dangerous.

The most dangerous reason Republicans are trying to undermine our free and fair elections is because they want to sow doubt in our elections in order to justify voter suppression efforts in the future.

Today they are laying the groundwork for voter suppression laws like the ones I fought against when I was in the Arizona legislature.

They are laying the groundwork for more unreasonable and unconstitutional voter ID laws, more polling place closures, more restrictive registration rules, fewer early voting opportunities, and more purges of American citizens from voter rolls.

They are spreading misinformation about our election this year so that they can make it harder for Americans to vote because they think that’s the only way they can win.

But I have some advice for my colleagues who are challenging our free and fair elections today: do not bet against American democracy.

Do not bet against the American people.

Our democratic institutions are what make America strong, and those institutions will survive this attack.

Join us on the right side of history.

Uphold a government “of, by and for the people” by certifying the results of our free and fair election.

I yield back.

Arizona's Politics reached out to all the members of Arizona's Congressional delegation for comments.


 

Original article:  Electoral College Counting Day; ARIZONA REPS. Will Be Debating Both Sides Of Arizona's Presidential Election

Arizona will be the first of the five swing states that Republicans intend to challenge in today's counting of the Electoral College votes, and Arizona's Politics will be providing coverage.

Congress will be convening at 11am, Arizona Time. We do not know how much initial skirmishing over rules and procedures there will be, but it is very likely that Congress will proceed opening the states' electoral votes and announcing them in alphabetical order. That is one of the procedures typically followed.

Thus, we are fairly certain that once the process of announcing begins, the Arizona challenge will

happen pretty quickly. Arizona's Politics has spoken with several of the Congressional offices, and a relatively clear picture is emerging. Several members of our House delegation will be taking part in the 2-hour debate that will happen concurrently in the House and Senate chambers.

So far, we have confirmations that Rep. Andy Biggs (R-CD5) will be leading the challenge to the bi-partisan certification of Arizona's Presidential election of the 11 Biden/Harris electors. He will have up to 5 minutes to speak, although he may yield a portion of that. It is also likely that one or more of the rest of Arizona's GOP delegation (Gosar, Schweikert, Lesko) will speak.

On the Democratic side, there will be a group of Representatives from around the country leading the defense of Arizona's - and the other swing states that Biden won - election process. However, it is fairly certain that Arizona Reps. Ruben Gallego (D-CD7) and Greg Stanton (D-CD9) will be part of the presentation. Rep. Raul Grijalva (D-CD3) is another possible defender. Arizona's Politics has not heard whether the rest of Arizona's Democratic delegation (O'Halloran, Kirkpatrick) will participate in the two hour debate.

Similarly, the plans over on the Senate side are still unclear. Arizona has two Democratic Senators, Kyrsten Sinema and Mark Kelly.

It is also expected that many of the elected officials who do not get a chance to speak will submit their written remarks for the record.

It is highly unlikely that either Congressional body - either the Democratic-controlled House or the (still) Republican-controlled Senate - will vote to approve the objections to Arizona's election. And, given that none of the courts, all the way up to the U.S. Supreme Court, have approved of the AZGOP-led requests to find the Electoral Count Act unconstitutional and grant Vice President Mike Pence the power to single-handedly decline to accept Arizona's certification of the 11 Biden/Harris electors, it is likely that Pence will grudgingly announce the acceptance of Arizona's election.

UPDATES:



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