Vice President Pence is bracing himself for a rough few days ahead, sources tell CNN
From CNN's Kaitlan Collins
Kevin Dietsch/Pool/AFP/Getty Images
Vice President Mike Pence is bracing himself for today and has accepted that a rough few days are ahead of him, people familiar with his thinking tell CNN.
Although Pence attempted to soften the blow for President Trump by carefully laying out what he can expect from him on Capitol Hill today, Trump has lashed out at one of his most loyal aides with increasing fervor.
Trump has publicly called on Pence to reject the Electoral College results, but privately his criticism has been more blunt, sources say. Trump has told people he saved Pence's career by selecting him as vice president and that Pence would be nothing without Trump.
Regardless, there is nothing else Pence can do, one person close to him said. Other Trump staffers are not surprised by Trump's actions but described them as "shameful" given how closely Pence has remained to him for the last several years.
10:18 a.m. ET, January 6, 2021
Speaker Pelosi tells caucus to keep today's Electoral College count low drama
From CNN's Manu Raju
Tasos Katopodis/Getty Images
House Speaker Nancy Pelosi and her leadership team are conveying to their caucus that they should keep today low drama – and to make a clean case about why the elections were free and fair and let them embarrass themselves, per sources on the House Democratic whip call this morning.
In essence, she wants members to avoid grandstanding.
“We are dignified in opposition to them,” she said, according to one source. “This is about the Constitution.”
9:45 a.m. ET, January 6, 2021
Pence can't reject today's Electoral College votes. Here's what the law says.
Analysis from CNN's Zachary B. Wolf
Vice President Mike Pence speaks in Milner, Georgia, on January 4. Megan Varner/Getty Images
"The Vice President has the power to reject fraudulently chosen electors," Trump tweeted on Tuesday.
What Trump is talking about is the counting of electoral votes during today's joint session of Congress that convenes at 1 p.m. ET today to accept the votes cast by the Electoral College in December.
Under an 1887 law, Pence will preside over the gathering in his role as president of the Senate. It's his job to call on a small group of lawmakers known as tellers who will read out the electoral votes sent in by the electors in all 50 states and Washington, DC.
Trump appears to be saying that during this ceremony Pence can unilaterally reject a state's electoral votes. But just because Trump tweets it does not make it so.
You can read the law here. It's not the cleanest of language, but it's pretty clear that only a congressman and senator, together, can object to a state's electoral votes, and it has to be in writing. There's nothing in the law about Pence doing anything but calling on tellers and announcing the results.
Any objections — and there could be up to six — lead to a pause in the proceedings while the House and Senate each consider and vote on them. Pence could preside over the Senate during that session. But he can't vote on anything unless there's a tie, which he does have the power to break. And given the number of Republicans who have already said they will not support objections to the Electoral College results, there is unlikely to be a tie.
If Pence were to somehow attempt to go rogue, the House and Senate chambers should be able to overturn whatever he does with a vote to appeal the ruling of the chair, former Senate parliamentarian Alan Frumin told CNN's Ted Barrett— though such a thing has never happened before. (Here are the Senate rules on the subject.)
Frumin added that it would be incumbent on Pence to get a majority of the votes backing his position for his ruling to prevail, an unlikely scenario in the Democratic-controlled House and in the Senate, where at this point most Republicans and all Democrats would oppose such a move.
9:37 a.m. ET, January 6, 2021
What Trump is doing to Pence is "shameful," senior White House official says
From CNN's Kaitlan Collins
Mark Wilson/Getty Images
A senior White House official tells CNN what Trump is doing to Vice President Pence in their final days in office is "shameful."
This official, whose views are closely aligned with the President's, noted how Pence has stuck by the President since the Access Hollywood days only to witness him turn on him at the very end.
9:15 a.m. ET, January 6, 2021
Pelosi writes letter to House Democrats ahead of Electoral College certification
From CNN's Kristin Wilson
U.S. House Speaker Nancy Pelosi walks to the House Floor at the U.S. Capitol in Washington, D.C., on January 5. Stefani Reynolds/Bloomberg/Getty Images
House Speaker Nancy Pelosi penned a letter to Democratic colleagues in the House about Wednesday's joint session of Congress.
In the letter, she wrote:
"There are no speaking roles during the Joint Session except for announcing the votes of the states. If Republicans bring a challenge to a state, we then break into separate House and Senate sessions to debate. "
She also asked members to "remain in their offices unless called to vote. In the event of a challenge, we may only have 54 Members in the House Gallery, which we hope to accommodate on a rotating basis." And, "face covers must be worn at all times," Adding, "These procedures are not a suggestion."
Pelosi closed with a message about Wednesday, which she said "is about guaranteeing trust in our democratic system. As Members of Congress, we all have a responsibility to uphold the principle: the people are sovereign and that they hold the power to choose their leaders through the ballot box. I am confident that Democrats will honor this responsibility, with unity, patriotism and dignity For The People."
9:04 a.m. ET, January 6, 2021
Vice President-elect Kamala Harris will be on Capitol Hill today for Senate duties
From CNN's Jasmine Wright
Vice President-elect Kamala Harris waves as she takes the stage during a rally in Savannah, Georgia, on January 3. Michael M. Santiago/Getty Images
Vice President-Elect Kamala Harris will be on Capitol Hill today to fulfill her duties in the Senate, per a Harris Senate aide.
She will attend a classified Senate Intel committee hearing this morning then turn to the electoral business with the rest of the senate later on today.
"The American people did their job and today she will be there to do hers," the aide said.
9:07 a.m. ET, January 6, 2021
Trump's longtime attorney Jay Sekulow says Pence does not have the power to declare an alternative winner
From CNN's Betsy Klein
President Trump's lawyer Jay Sekulow is pictured speaking to the press in February 2020, in Washington, DC. Sarah Silbiger/Getty Images
President Trump’s longtime attorney Jay Sekulow weighed in on the constitutionality of Trump’s wishes for Vice President Mike Pence to throw out Electoral College votes when he presides over a joint session of Congress Wednesday.
Sekulow, who represented Trump during his impeachment trial one year ago, said on his radio show this week that Pence does not have the power to declare an alternative winner.
"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 on the Constitution. I actually don't think that's what the Constitution has in mind. If that were the case, any vice president could refuse any election," Sekulow said, adding that Pence’s role is "more of a ministerial procedural function."
He later reiterated:
"There's also this rumor running around or this theory running around that Mike Pence himself can simply declare the winner and pick the alternate slate. And I just don't see that in the United States Constitution."
Sekulow suggested that Sen. Ted Cruz’s plan to call for an election commission was a more effective strategy.
"Folks, at the end of the day, with all of the allegations of fraud and all the issues we've dealt with, at the end of the day, we have to abide by the Constitution. We're a constitutional republic. So, I'm trying to look at what are the legal options here, what are the political options. I think what Senator Cruz is doing is the is a politically constitutional approach," he said.
10:18 a.m. ET, January 6, 2021
Here's when congressional leaders expect the certification to wrap up
From CNN's John Harwood and Jamie Gangel
Despite the expected challenges to at least some states' Electoral College votes on Wednesday, leaders in both chambers of Congress do not expect today's certification to drag on for days.
One person close to Senate Majority Leader Mitch McConnell expects the whole process to be completed today, not stretch multiple days. This source adds that while there is willingness to object, there is not much enthusiasm over debating it.
And a source familiar with House Speaker Nancy Pelosi's thinking told CNN she does not want to recess and that they are prepared for five or six potential objections, although they aren't totally certain of how many states will ultimately be contested.
These people say the current thinking is that this will all wrap between 3 a.m. ET and 4 a.m. ET
Remember: Ultimately, though, it's impossible to know how long exactly today's event it will take as we continue to learn more about how many states will receive objections.
8:53 a.m. ET, January 6, 2021
Trump again calls on Pence to reject Electoral College vote, which the VP doesn't have the power to do
From CNN's Betsy Klein
A Trump Pence 2020 trailer is parked in front the U.S. Capitol in Washington, D.C., on January 5. Stefani Reynolds/Bloomberg/Getty Images
President Trump continues to call on Vice President Mike Pence to reject the Electoral College vote — something he does not have power to do — in a last-ditch Twitter message.
Remember: Despite President Trump's baseless claims, there is no evidence of widespread voter fraud. Pence’s role in certifying the Electoral College vote is largely ceremonial, something he explained to Trump during a meeting Tuesday. The relationship between the two, CNN has reported, has soured in recent days as Pence intends to follow the Constitution.
Yet Trump continues to call on Pence to send electors back to states to overturn the election results and undermine democracy.
"Do it Mike, this is a time for extreme courage!" he said in the tweet.