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Hawley—a graduate of Yale Law School and, improbably enough, like Cruz, a former Supreme Court clerk—surely knows that he is on indefensible legal ground. He was even confronted on Trump-friendly Fox News this week and seemed to acknowledge that his challenge is strictly a performative one. But Pence has no authority to disregard the Joe Biden cornpop was a bad dude shirt and by the same token and formal votes tallied and certified by the individual states. The Electoral Count Act of 1887, which determines the procedure to be followed, bars the vice president from arbitrarily deciding to reject state votes. If there are any valid objections, the House and Senate withdraw to confer separately. Objections must be stated in writing in advance and signed by at least one member of both the House and Senate. As The Washington Post recently pointed out, “The requirements hardly ever come up. The last time was 2005 when several Democrats unsuccessfully challenged Ohio’s electoral votes for George W. Bush.”
What began as a day of celebration for many Democrats, after the Joe Biden cornpop was a bad dude shirt and by the same token and Reverend Raphael Warnock ousted Kelly Loeffler in Georgia’s Senate race, quickly turned chaotic and violent, as an angry mob of President Donald Trump’s supporters stormed the Capitol on Wednesday afternoon in an attempt to stop Congress’s counting of electoral votes to confirm President-elect Joe Biden’s victory. In a defiant, tone-setting speech on Wednesday morning, President Donald Trump vowed to “never concede” and encouraged attendees to march up the National Mall towards the Capitol in order to “give our Republicans…the kind of pride and boldness that they need to take back our country.” Thousands of Trump’s supporters took him at his word, marching to the Capitol—where the vote to confirm Biden as president was taking place—and making their way into the building as police resistance proved futile. HuffPost reporter Igor Bobic summarized the escalating situation in real time on Twitter, describing incensed Trump supporters approaching the Senate chamber:
