Sen. Tom Cotton, an ally of President Trump, will not be joining the growing numbers of Republicans in Congress signing on to the planned Jan. 6 protest of the election results. He will instead vote to certify President-elect Joe Biden.
Cotton, an Arkansas Republican, released a statement on Sunday night laying out his concerns regarding the constitutionality of the protest, arguing that the power to determine election outcomes rests with the states, not Congress.
“Nevertheless, the Founders entrusted our elections chiefly to the states — not Congress. …Congress’s power is limited to counting electoral votes submitted by the states,” Cotton said. “If Congress purported to overturn the results of the Electoral College, it would not only exceed that power, but also establish unwise precedents. … Thus, I will not oppose the counting of certified electoral votes on January 6.”
Still, Cotton maintained that the 2020 presidential contest was plagued by voting irregularities, the core motivation behind the planned protest, and he called for investigations and reforms.
“I share the concerns of many Arkansans about irregularities in the presidential election, especially in states that rushed through election-law changes to relax standards for voting-by-mail. I also share their disappointment with the election results,” he wrote. “I therefore support a commission to study the last election and propose reforms to protect the integrity of our elections. And after Republicans win in Georgia, the Senate should also hold more hearings on these matters.”
Trump expressed his frustration with Cotton’s decision in a tweet on Monday.
“How can you certify an election when the numbers being certified are verifiably WRONG. You will see the real numbers tonight during my speech, but especially on JANUARY 6th,” he wrote. “@SenTomCotton Republicans have pluses & minuses, but one thing is sure, THEY NEVER FORGET!”
How can you certify an election when the numbers being certified are verifiably WRONG. You will see the real numbers tonight during my speech, but especially on JANUARY 6th. @SenTomCotton Republicans have pluses & minuses, but one thing is sure, THEY NEVER FORGET!
— Donald J. Trump (@realDonaldTrump) January 4, 2021
Cotton’s announcement comes as dozens of Republicans in both chambers of Congress announced their support for the long-shot bid to overturn the outcome of the presidential election. While the Electoral College already voted to certify Biden as the winner, congressional Republicans maintain that the results should not be certified without hearings and investigations to ensure the election’s integrity. These members will object when the tally is presented before Congress on Jan. 6, spurring hours of debate before the vote can be certified.
The effort is unlikely to be victorious, given the reluctance from leadership in both houses. Democrats have maintained a narrow majority in the House, likely tanking the protest’s chances of success. Senate Majority Leader Mitch McConnell has also reportedly urged his caucus not to support the Jan. 6 demonstration.
The protest first gained national attention when Sen. Josh Hawley announced his intent to partake in the objection, citing election integrity as the primary cause of his concern. Once Hawley signed on to the plan, scores of other lawmakers joined suit. Rep. Louie Gohmert said approximately 140 House Republicans are currently expected to object alongside a dozen members of the Senate.
Rep. Mo Brooks, the chief architect of the protest in the House, expressed his continued support for the plan, tweeting his enthusiasm on Saturday evening.
“Our fight for honest & accurate elections gains momentum! @Jim_Jordan & I co-lead conference call w 50+ Congressmen who join & fight for America’s Republic! Conf. call began 6PM ET. Now 715PM & continuing. President Trump & CoS Mark Meadows speaking,” he wrote. “Morale is HIGH! FIGHT!”
Our fight for honest & accurate elections gains momentum!@Jim_Jordan & I co-lead conference call w 50+ Congressmen who join & fight for America’s Republic!
Conf. call began 6PM ET. Now 715PM & continuing.
President Trump & CoS Mark Meadows speaking.
Morale is HIGH! FIGHT!
— Mo Brooks (@RepMoBrooks) January 3, 2021