Jenna Ellis, attorney and legal adviser to the Trump 2020 campaign, told Newsmax TV legislators in states where elections results are disputed, and Republicans control the chambers, should exercise their authority to certify only electors "that actually represent the will of the people in their states."
Pointing to the Tuesday's filing where she said members of the Republican-controlled Pennsylvania General Assembly admitted election law was not followed, she said it was time for the legislatures to act.
"There are now admissions from state legislatures that the laws were broken," she told Wednesday's "Stinchfield." "So, it's incumbent upon the state legislatures to take back their delegates and to only certify to Congress by Jan. 6 the slate of electors that actually represents the will of the people in their states.
"And these are Republican-led states. There should be absolutely no reason why they don't have the courage to do this."
While there are still legal challenges from individual states challenging election results, the Supreme Court's refusal last week to look at a case from Texas – and supported by 19 other states – in which it claimed changes made in election law by executive branch officials and not the legislature violated Texans' right to a fair election. The court turned the case away on procedural ground saying Texas was not harmed and had no right to sue.
Retired Harvard Law professor Alan Dershowitz told Newsmax TV, the court just did not want to wade into the issue. That leaves the matter to the state legislators, Ellis said.
"And so even though they may not have signed up for this job when they ran for state legislature, there have been times in every American's life and in every moment in American history where certain Americans are called upon to continue to preserve and protect our nation and liberty and justice for all," Ellis said. "And these Americans may not have realized that that was what they were called upon to do, but they need to step up and they need to take courage.
"If they can't do that, then we have the most weak Republicans across these six states, and I'm embarrassed to be a part of the Republican Party."
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