President Trump’s attorney Jay Sekulow suggested it would be unconstitutional for Vice President Mike Pence to reject the 2020 electoral votes on Wednesday.
Sekulow said Tuesday on his radio program he didn’t believe Pence, or vice presidents in general, had the kind of authority Trump has been touting.
“Some have speculated that the vice president could simply say, ‘I’m not going to accept these electors,’ that he has the authority to do that under the Constitution,” Sekulow said. “I actually don’t think that’s what the Constitution has in mind.”
Pence disclosed to Trump during a lunch on Tuesday that he didn’t believe he had the power to block the congressional certification, according to the New York Times, which cited people familiar with the conversation.
Trump has been pushing Pence to reject the election results, despite the vice president’s office apparently not having the unilateral power to alter the results.
“The Vice President has the power to reject fraudulently chosen electors,” Trump tweeted on Tuesday.
During a rally in Georgia on Monday, Trump encouraged Pence again to object to the results.
“I hope Mike Pence comes through for us,” Trump said. “Of course, if he doesn’t come through, I won’t like him so much.”
Pence will preside over a roll call of states on Wednesday. If at least one senator and one House member object to the results from a state, a debate up to two hours long can take place regarding the results. Each chamber will then vote separately to certify or object to those results.
