Trump failed to mobilize GOP but Pence should know his question of electoral misconduct, still remains unanswered. By Hem Raj Jain

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Absurd to decide criminal matters by vote (ii)- Trump should lead peaceful protest after January 20 to achieve fresh free & fair elections in place of fraudulent 2020 US - elections (iii)- Should be proper investigation against concerned authorities which did not take adequate measures to stop demonstrators from entering Congress premises on January 6

- On January, 7 the US Congress in its joint session presided by Vice President Mike Pence approved the Presidency of Joe Biden. But US - elections 2020 will be remembered as a failure on the part of both Prez Trump and vice-Prez Pence as given below:-

(1)- The electoral fraud alleged by Trump and his supporters were reportedly concerned with mainly two issues (i)- Absentee ballots increased astronomically due to Corona-pandemic and in theses postal ballots number of frauds were alleged by the Republicans (GOP) such as - not matching the signatures of the voters, illegal immigrants and even dead people voted, postal ballots were allowed after election time was over on November 3, observers of the GOP were not allowed to check / observers these postal and other ballot papers, bundles of ballot papers were brought in the vehicles from outside etc etc (ii)- Dominion machines (for counting the votes) were found to be susceptible to manipulation and its complaints were not allowed to be properly investigated

(2)-  In such a situation the GOP should have taken up this matter to rectify this voter fraud because it is not merely the election of President / vice - President but the elections of (the members of House  and Senate in all the States and Fed, Governors etc) get vitiated due to this alleged voter fraud. Hence the GOP should have asked all its candidates (who won such elections and even others) to resign by demanding re-election of the entire US - elections 2020 by paper ballot and manual counting as mentioned at http://www.pakistanchristianpost.com/opinion-details/3732 . It goes without saying that had the GOP resigned from all the elected bodies, the civil establishment of the USA namely the bureaucracy, police, judiciary and States legislatives (which has condoned / succeeded in this alleged electoral fraud) would have been put at its proper place and fresh free & fair elections would certainly have taken place. But Trump failed to mobilize the GOP about this matter.

(3)- The failure of Pence is even more serious because he failed to protect & defend the letter & spirit of the US Constitution. This failure of Pence is evident from his letter which he released on January 6, 2020 as given at - https://www.pbs.org/newshour/politics/read-pences-full-letter-saying-he-cant-claim-unilateral-authority-to-reject-electoral-votes 

(4)- This failure of Pence emerges from the simple fact that he neither understands democracy nor rule-of-law which is evident from his said January 6 statement where he said that - “[After an election with significant allegations of voting irregularities and numerous instances of officials setting aside State election law, I share the concerns of millions of Americans about the integrity of this election. The American people choose the American President, and have every right under the law to demand free and fair elections and a full investigation of electoral misconduct. As presiding officer, I will do my duty to ensure that these concerns receive a free and open hearing in the Congress of the United States. Objections will be heard, evidence will be presented, and the elected representatives of the American people will make their decision]”

(5)- Pence should know that he is vice-President of the USA and not merely a teller clerk or postman who is supposed to merely count the electoral votes and pass on the communication / matter. Rather he has taken the oath to protect & defend the US - Constitution. When on January 6 the members of Congress had raised objections (allowed under law) in joint sitting of Congress on validity & legitimacy of the electoral votes of some states on the basis of electoral misconduct (which Pence himself has alleged as mentioned in his January 6 statement) the Pence should have known that the criminal activities (the electoral fraud) can’t be decided (before proper criminal investigation) by majority of votes in the Congress.

(6)- Pence should have known that criminal matters can only be got investigated by some authority. Normally it is the judiciary (through police) but in this case when the civilian establishment has failed to do it (that is why Congressmen raised objections in joint sitting) then the Vice-President himself should have ordered a proper investigation in the alleged criminal activities of the bureaucracy of the accused States involved in these criminal acts. After all the misconduct of even the Judges of the Supreme Court is supposed to be properly investigated by the Congress before the effective proceedings of the Impeachment and only then the voting on impeachment takes place (this gives opportunity to the people of the USA also, to judge what their Congressmen do about the result of such criminal investigation).

(7)- Pence seems to have forgotten that the judiciary (not only in the USA) is not the last hope of the people in any democracy. This is the reason the impeachment in majority of the cases in the USA has been against the judges of the Supreme Court In other democracy as in India its Supreme Court has destroyed rule-of-law in the matters related to its minority namely the Muslims (about Babri-Masjid, Citizenship Amendment, Kashmir etc). In Pakistan the sitting Prime Minister Nawaz was removed  and then disqualified to contest election and even to head his party in a judicial coup (nobody protects corrupt politicians but there should be proper judicial proceedings for their trial). 

(8)- Will Pence enlighten the USA and even the rest of the world (which looks towards the USA, as the leader of the free world) that when he himself is convinced about the fraudulent election of 2020 (as he mentioned in his January 6 letter) and the civil establishment of the USA failed to correct it and now even the Congress of the USA allows / condones it (without proper criminal investigation on the objections of the Congressmen) then what remedy the citizens of the USA have against this onslaught on the democracy of the USA ?

(9)- Pence has even tried to mislead the people by saying in his January 6 statement that - “[Some believe that as Vice President, I should be able to accept or reject the electoral votes unilaterally]”.  Rather nobody expected Pence to either accept or reject the electoral votes unilaterally. What was expected from Pence was to only order a proper investigation by him (through a Committee / Commission of the Congress) into the allegation of criminal activity (which can’t be decided by votes in Congress) by the civilian establishment (the bureaucracy & legislature of the accused States which allowed and condoned it). 

(10)- Does Pence understand that he has pushed the people of the USA (who are aggrieved due to said electoral fraud which happened as per even Pence) to come on the streets to correct this voter fraud. [Trump only asked his supporters on January 6 to go to Congress to demonstrate in order to give support and moral courage to the Congressmen in the interest of correcting said voter fraud. Trump did not ask these supporters to enter the Congress or to indulge in any illegal activity. Hence there should be a proper investigation to fix the responsibility on the authorities who are responsible for the security of the Congress and who did not take proper measure to ensure that protesters do not enter the Congress premises Or was this dereliction of these authorities, for the purpose of defaming Trump].

Therefore vice-President Mike Pence will go down in the history of the USA as a constitutional authority who by his act of omission left no other alternative to the democracy-loving people of the USA than to come on the streets in order to protect the sanctity of the most important & crucial ritual of the democracy, namely the free & fair elections. It is yet to be seen whether Trump (after January 20 when Joe Biden enters the White House) will be able to lead this agitation of the democracy-loving people of the USA under the banner of the GOP in a peaceful and well organized manner for achieving immediate fresh free & fair elections (with paper ballot & manual counting as he himself demands) in place of alleged (by him too) fraudulent elections 2020.

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