By Stephen Macaulay

At 3:44 am, January 7, 2021, Vice President Mike Pence, President of the Senate, took the gavel in hand and closed the joint session of Congress that certified the election of Joe Biden and Kamala Harris as the President and Vice President of the United States.

Was anyone surprised at the outcome?

***

“Schoolhouse Rock” Revisited

The process is one that most of us probably missed during “Schoolhouse Rock”: the procedure for certifying the presidential election. The Electoral College was established under Article II and Amendment 12 of the U.S. Constitution. States choose electors based on the results of the general election. 

The electors create what are known as Certificates of Vote, which are sent to Congress, which then sits in joint session to certify the election.

There is a second place they are sent: The Office of the Federal Register (OFR), which is under the National Archives and Records Administration.

The OFR puts these electoral documents on public display for a year. Then they go to the Archives of the United States.

You might wonder why there is this tutorial.

Several reasons.

To point out to some people who were involved in Wednesday’s national embarrassment that there is a U.S. Constitution. That there is a careful process of certification. That this entire procedure is part and parcel of what has made the United States of America a special place for more than two centuries.

Maybe they skipped civics.

And to let some of these people know where they can spend their time now it is established that the man from whom they took their marching orders is no longer in office: Gazing at the documents that show that the people of the United States of America and their designated electors have made Joe Biden and Kamala Harris the President and Vice President, respectively.

***

That was written Wednesday before an angry mob, goaded on by the angry man who lost the election, attacked the United States of America. Extreme? Not if you see the photo of the law enforcement officials, guns in hand, behind the barricaded doors of the House of Representatives. 

While I had thought about deleting that explanation, when Mike Lee, Republican Senator from Utah, took to the floor of the Senate last evening to make his remarks regarding the curious claims of Ted Cruz, Republican Senator from Texas, that there needed to be a commission that would run for 10 days looking into the security of the election, he cited Article II, Section 12.

In Lee’s words: “Our job is to open and then count. Open and then count. That’s it. That’s all there is.”

Lee had proffered a booklet containing the Constitution when he made those remarks. I wonder if there are any copies at 1600 Pennsylvania Avenue.

***

The most-telling admission of the lack of seriousness of the results to overturn the election (let’s call it what it was) came from Kelly Loeffler, Republican Senator from Georgia, who had signed on with the Hawley/Cruz Putsch Planners. Realize that Loeffler, that very day, had been handed a pink slip by the voters of Georgia. Arguably, she would have nothing to lose politically were she to maintain her allegiance to something — or more accurately, someone -- other than the flag.

But Loeffler, who would undoubtedly be one of the many who’d have angry tweets written about her were it not that Donald Trump’s Twitter account had been given a time-out, appeared shaken to realize that words have consequences, and when those words are not true, when they are about fanciful conspiracies, then there can be things like angry mobs attacking the U.S. Capitol.

She saw the consequences. She withdrew her support of the efforts to, as she had it on the homepage of her website (probably to be taken down by now), “give President Trump and the American people the fair hearing they deserve and support the objection to the Electoral College certification process.”

She knew there was nothing there. And she probably knew that had the Senators not been escorted out of the chamber earlier in the day by armed police, the mob wouldn’t be discerning: she would have been in the same danger as Senate Minority Leader Chuck Schumer. That would have been real.

***

A word about the rule of law.

Rudolph Giuliani is the former associate attorney general in the Reagan administration. He was the U.S. Attorney for the Southern District of New York, where he prosecuted the likes of Ivan Boesky and Michael Milken for financial fraud, organized crime figures, and other people who broke the law. He was lauded for his forthright efforts to uphold the rule of law. After the horrible events that occurred on September 11, 2001, Giuliani, then mayor of New York City, became “America’s mayor,” as he stood up to the forces that were attacking the core values of the United States.

Shortly before the Capitol was stormed, Giuliani, now Donald Trump’s personal attorney, told the crowd at the “Save America Rally,” “Let’s have trial by combat.”

The personal attorney of the President of the United States.

“Let’s have trial by combat.”

That’s not in the Constitution, either.

—–

By Todd Lassa

Democrat Joe Manchin III of West Virginia was trending on Twitter late Tuesday night as the most important Senator, even before urban precinct ballot counts in Georgia’s Senate runoff elections had begun to flip the fortunes of Democratic challengers Raphael Warnock and Jon Ossoff as cable news networks eagerly awaited results after polls closed. Warnock, pastor of Ebenezer Baptist Church in Atlanta, and Ossoff decisively beat two Republican incumbents, Kelly Loeffler and David Perdue. 

Manchin is a Democrat who has served deep red West Virginia in the Senate for 10 years and now has the potential to become to his party what Senator Mitt Romney, R-Utah, has been to the GOP, although more so. Sitting in the late centrist-Democrat Robert C. Byrd’s seat, Manchin becomes a true swing vote, likely to defeat along with 50 Republican Senate bills that come from the Bernie Sanders/Elizabeth Warren wing of the Senate as well as those that come up from “The Squad” wing of the House. 

The Democrats’ victories push their party to a 50-50 Senate count, with Vice President-elect Kamala Harris serving as the tie-breaker on votes to give the party an effective majority over Republicans. Lame duck President Trump and GOP leaders tried to paint Democratic control of the House, Senate, and White House as the road to socialist damnation. But Georgia Democrats, led by likely 2022 Georgia gubernatorial candidate Stacy Abrams and aided by such groups as Black Votes Matter, turned out about 4.5 million voters total by Tuesday, many of them using mail-in ballots. Meanwhile, President Trump’s unfounded claims of voter fraud in each of the swing states he lost apparently stifled Republican turnout, and his attack specifically on Georgia’s preference for Biden almost certainly prompted many supporters to stay at home.

The Reverend Raphael Warnock says he will remain leader of the Atlanta church once pastored by the Reverend Martin Luther King, Jr., and becomes the first Black senator from Georgia, the 11th Black senator in the history of the nation and one of three in the 117th Congress, with Democrat Cory Booker of New Jersey, and Republican Tim Scott of South Carolina, as Kamala Harris moves from the Senate to the vice presidency. 

Manchin’s power on Capitol Hill ultimately depends on where the GOP goes from here, what with Mitch McConnell, R-Ky., about to be demoted to minority leader and already distancing himself from the Trump administration while attempting to warn fellow Republican senators against challenging Electoral College votes for President-elect Biden Wednesday. So far, 12 Republican senators have indicated they plan to defy McConnell and challenge the results from their respective states, including lame-duck Senator Loeffler of Georgia.

By Todd Lassa Democrat Joe Manchin III of West Virginia was trending on Twitter late Tuesday night as […]

By Todd Lassa

General Motors CEO Mary Barra (pictured) has announced that by the end 2025 there will be some 20 electric vehicles available to customers in the U.S. — 40 percent of all products on offer in its showrooms — which will go a long way toward the automaker meeting strict 2026 California fuel economy standards. But Barra waited until Michigan certified its 16 Electoral College votes would go to President-elect Joe Biden, to announce the automaker would separate from President Trump’s three-year plus legal proceedings to end the state’s special waiver allowing its own emissions laws.  

The California standard eases the Obama administration’s federal 54.5-mpg average by 2025, to about 51-mpg by 2026, while the Trump administration has sought a 40-mpg standard instead. GM, Toyota Motor and Fiat Chrysler signed on with the administration. Toyota, which built a reputation for low emissions and high fuel efficiency with its Prius hybrids, had said it joined Trump’s legal efforts because it prefers a single federal standard, no matter what the level.

Historically, until now, the standard set by the California Air Resources Board (CARB) has been tougher than the federal standard. California has had a waiver from the federal government to set its own rules since the late 1960s, and 16 high-population Eastern states long ago signed on. It must be noted that the corporate average fuel efficiency (CAFE) standards, whether 40 mpg or 54.5 mpg, do not literally mean automakers must meet those numbers – there are very complicated formulas for determining each car or truck models’ average. 

But with its fleet of zero-emission EVs on the way over the next few years, GM could reasonably have joined Ford Motor Company, BMW, Volvo, Volkswagen Group (which has aggressive plans for a fleet of its own EV models) and Honda (which is partnering with GM on EV projects) when they signed on with California on its 51-mpg average. 

Legal efforts to lower the future standard undoubtedly will end with Biden’s inauguration Jan. 20, when the president-elect will add a special envoy for climate to his cabinet. Biden has chosen John Kerry, Obama’s second secretary of state, who helped negotiate the Paris Agreement on climate change (another accomplishment that Trump reversed), for the post. 

Trump often attacked Biden as beholden to the Democratic Party’s progressive wing and a commitment to Rep. Alexandria Ocasio-Cortez’s “Green New Deal.” In the second presidential debate, held in late October, Trump predicted that Biden would lose Pennsylvania’s electoral votes for his commitment to turn the United States into a net-zero producer of climate-warming pollutants by 2035, and to cut total emissions to zero by 2050. For the time being, at least, Biden appears to be carving out a middle road between climate change activists and the fossil fuel industry.

Barra’s announcement Monday coincided with the administrator of the General Services Administration, Emily W. Murphy, acknowledging nearly two weeks after the fact that former Vice President Biden had won the election, which in turn allowed the transition process to commence. It also coincided with the efforts of  “160 top American executives” who signed a letter to the Trump asking him to acknowledge Biden’s victory and begin an orderly transition, The New York Times reported Nov. 24. Some of the signatories also threatened to withhold campaign contributions to Sens. Kelly Loefler and David Purdue, two incumbent Republicans seeking re-election in a January runoff in Georgia. If they both lose, the Democrats will gain majority control of the Senate. 

It seems fairly clear that the business world has moved on from Trump and his policies.

Please address comments to editors@thehustings.news

—–
PHOTO CREDIT: General Motors

By Todd Lassa

As of Monday morning, 97-percent of the presidential election vote is in and Democrat Joe Biden leads Republican incumbent Donald Trump, 50.9 percent to 47.3 percent, according to the latest count by NBC News. The pertinent number, of course, is 306 to 232, the Electoral College advantage for former Vice President Biden, who has matched the count President Trump had when he beat Hillary Clinton in the 2016 race. 

Biden’s 50.9-percent most certainly is not a “mandate,” though historians say it is the highest share against an incumbent candidate since Democrat Franklin Delano Roosevelt beat Republican Herbert Hoover in 1932.

What’s certain about the first half, at least, of Biden’s term as president is that he will not have much success pushing an aggressive, potentially progressive agenda through the 117th Congress. Though Democrats hold on to the House of Representatives, retaining Nancy Pelosi as speaker, the margin has shrunk by eight seats to 224 Democratic to 211 Republican. In the Senate, Democrats must win both January runoffs in Georgia to acquire a 50-50 split and take the majority vote from Republicans, with Vice President-elect Harris providing the tie-breaker.

If Georgia doesn't chose both Democratic candidates over the Republicans in January's Senate race runoffs, Senate Majority Leader McConnell will potentially have as much power in Washington as the president. Followers of Sen. Bernie Sanders (I-Vt.) and The Squad are not likely to gain much legislative traction in this scenario.

The “blue wave” many expected this year has been largely restricted to the presidential race, with Republicans making many down-ballot gains, including in state governments. 

It is appropriate, then, that left-column pundit Jim McCraw, a centrist living in The Villages, Florida who supported Biden in the Nov. 3 election provides a recommended agenda for the president-elect. Equally appropriate that right-column pundit Bryan Williams, a former GOP operative in Southern California counters McCraw’s proposals without much serious disagreement. While Williams supported the populist-nationalist Trump in the 2020 election (though not the 2016 election), his own pro-business, laissez-fair agenda is more reminiscent of old-fashioned Mitt Romney conservatism. 

Please address your comments to editors@thehustings.news

—–