Post-Election Roundup
January 10, 2021
Post-election political events have been astonishing and history-making.
Electors Met — Michigan’s Democratic Party presidential electors met as required on December 14 in the Michigan Senate chamber and peacefully caste their 16 votes for the certified vote winners in Michigan’s November 3 presidential election, Joe Biden and Kamala Harris. Some Republican electors tried to enter the Capitol but were refused access.
In compliance with federal law, the Michigan official Electoral College vote was then timely transmitted by Governor Whitmer to the national Archivist for presentation to the newly installed 117th Congress. Congress is mandated to meet in a joint session of Congress at 1 p.m. on January 6 after a presidential election to receive and tally all the states’ Electoral College votes. This is usually an important but routine exercise in American democracy attracting little fanfare.
Contested Election — However, President Trump continued to assert in social media, rallies, and in over 60 unsuccessful lawsuits that he won the election, that the elections were rigged or fraudulently conducted. Nine of those failed lawsuits were brought in Michigan in front of both Democratic- and Republican-associated judges. He persisted in every venue available to claim that he won by a landslide and that the election was stolen from him.
Eighteen of 56 Republican Michigan House members joined in a lawsuit brought by the Texas Attorney General asking the U.S. Supreme Court to reject the votes of the people and let the legislatures in Michigan, Georgia, Pennsylvania, and Wisconsin determine whether Biden or Trump won their state’s presidential electors. These states’ voters elected Joe Biden though all have Republican legislative majorities. The U.S. Supreme Court declined the invitation to make a ruling in the case.
Pressures — Although three recounts in Georgia had confirmed Biden’s narrow win there, on January 2 in a recorded phone conversation, President Trump pressured Georgia’s Republican Governor and Secretary of State to “find” the necessary votes for him to win in that state. Trump also pressured Vice President Pence to use his chairship of the joint session of Congress on January 6 to intervene in the vote count in Trump’s favor. In a letter dated January 5, Pence explained that the U.S. Constitution and federal law did not permit him to change his ministerial and limited role in the January 6 joint session of Congress.
Rally — The President and the Republican Party planned a “Save America March” protest rally on the national mall in Washington, D.C. for January 6. Over a dozen busloads of Michigan Trump supporters attended the rally as well as many Michiganders making their own way to the Capitol. On January 6, President Trump addressed tens of thousands of his supporters at the rally, urging them to march to the Capitol to support Congressional objectors to the election results and express their outrage about the “stolen” election. Thousands of enraged Trump supporters then descended on the Capitol building, overcoming Capitol Police, breaking down doors and windows to illegally access the building and restricted areas. Congress quickly recessed and sequestered in secure locations while the destructive melee in and around the building continued for five hours. Five people died and many were injured in the conflict.
Congress Reconvened — When the Capitol was cleared of the intruders, Congress returned to finish the job of finalizing Biden’s election. Vice President Mike Pence, presiding over the joint session, announced the results at 3:41 a.m. on January 7, formalizing Biden’s win over President Donald Trump by 306 to 232 Electoral College votes. Biden also won the national popular vote by over 7 million certified votes.
Despite the violent pro-Trump mob storming the U.S. Capitol in a deadly riot, eight U.S. Senators and more than 100 of the U.S. House’s 211 GOP members voted to support the objections to Electoral College votes cast for Biden, alleging fraud or suspicious irregularities, and demanding a congressional inquiry on potential voter fraud. The objectors included three Michigan Congressional Republicans: Tim Walberg (CD 7, Tipton), Jack Bergman (CD 1, Watersmeet) and newly elected Lisa McClain (CD 10, Clinton Township).
Removal — Judging that Trump had incited the attack on Congress to disrupt the Electoral College vote tally, nearly 250 federal lawmakers called on President Trump to resign. Many also called for an Article 25 intervention to remove the president for incapacity to govern. It would take the support of Vice President Pence and eight of Trump-appointed department directors to accomplish.
Over 190 House members sponsored a new article of impeachment for Incitement to Insurrection, labeling Trump “a threat to national security, democracy, and the Constitution.” If the U.S. Senate garners the 2/3 vote to convict, it could smooth the way toward barring Trump from running for federal office in the future, strip him of his federal pension, eliminate future national security briefings, and other services to past U.S. Presidents.
Silencing — Twitter permanently suspended Trump’s accounts “due to the risk of further incitement of violence” and Facebook banned the president at least through the end of his term. Google and Apple removed a right-wing favored platform from its array of downloadable applications. Private entities such as these are not subject to First Amendment free speech requirements.
Post-Riot — While only a few dozen arrests were made on January 6, the Washington, D.C. U.S. Attorney’s office authorized the arrest of many more of those identified in photos and through tips for everything from assaulting police officers to entering restricted areas of the U.S. Capitol, stealing federal property, and threatening lawmakers. More prosecutions are expected over the coming weeks and months. After-action reports will undoubtedly uncover why the Capitol was overrun so easily.
Transition — While Biden condemned the violence at the Capitol, he continued to announce his cabinet nominations and initial policy initiatives. Plans continued for his coronavirus-era, scaled-down inauguration on January 20.
Senate Flips — Practically unnoticed on January 6 was the result of the January 5 U.S. Senate runoff election in Georgia. Both Democrats won their races giving Democrats narrow control of the U.S. Senate for the next two years.
Editor’s note: Mary Pollock is the Lansing SERA Chapter and SERA Council’s Legislative Representative. She may be contacted at 1200 Prescott Drive, East Lansing, MI 48823-2446; Phone 517-351-7292; E-mail michigansera@comcast.net.
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