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Letter from Congress Verifying that Joe Biden is NOT President-Elect

Scorpio

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#1
Letter from Congress Verifying that Joe Biden is NOT President-Elect [Full Text]

R. MitchellNovember 16, 2020






Ranking Member Jody Hice penned a letter to Government Services Administration Administrator Emily Murphy outlining the precedent and language that show Joe Biden is not currently the President-Elect.

Full Text of Letter Informing GSA that there is no President-Elect Yet

November 13, 2020


The Honorable Emily Murphy
Administrator
General Services Administration
1800 F St. N.W.
Washington, D.C. 20405


Dear Administrator Murphy:
On November 9, 2020, Democratic House Members sent you a letter that misrepresented the facts surrounding your responsibilities under the Presidential Transition Act of 1963 (Act).1 I write to correct the record.


Under the Act, you, as administrator of the General Services Administration (GSA), have the authority to provide government-funded transition assistance to the President-Elect and the Vice-President-Elect.2 However, this assistance can only occur after there are “apparent successful candidates for the office of the President and Vice President, respectively, as
ascertained by the Administrator [you].”3


There are enough state contests in question, such that there is not yet an apparent President or Vice-President-Elect. Precedent and legislative history present three situations where there may be an un-apparent President-Elect:


  1. The drafters of the Act anticipated three electoral situations where there would be an unapparent President-Elect: (1) a tie, (2) a plurality winner, or (3) the presence of extensive voter fraud or intimidation.4 The third being applicable to 2020 since the Trump campaign has raised questions and filed legal challenges in several states;
  2. The drafters concluded that “if there is any doubt in the Administrator’s mind” the Administrator does not have to release transition assistance.5 Since states have not yet

———————————————–
1 Letter from Gerry Connolly, et. al., Member of Congress, to Emily Murphy, Administrator, U.S. Gen. Serv. Admin. (Nov. 9, 2020) available at https://connolly.house.gov/news/documentsingle.aspx?DocumentID=4126; See Presidential Transition Act of 1963, Pub. L. No. 88-277, § 3(c), 78 Stat. 153 (1964).
2 Id.
3 Id (emphasis added).
4 Transitioning to a New Administration: Can the Next President be Ready: Hearing Before the Subcomm. on Gov’t
Mgmt, Information, and Technology, Comm. on Gov’t Reform, 106th Cong, 2nd Session, (Dec. 4, 2000) (Prepared
Statement of Paul C. Light).
5 Id.
——————————————————–




The Honorable Emily Murphy
November 13, 2020
Page 2



certified an electoral winner and some states are still tabulating legal ballots, there remains doubt as to the winner; and


3. The precedent set by the Clinton Administration in the contested 2000 election is that to ascertain an apparent President-Elect there would need to be a concession—which has not yet occurred in 2020—or no more legitimate continuing legal challenges—which has not yet occurred in 2020.6


According to Congressional intent and past precedent set by President Clinton, as of today, there is no apparent President-Elect.


A GSA spokesman recently stated that “the GSA Administrator ascertains the apparent successful candidate once a winner is clear based on the process laid out in the Constitution.”7



I strongly encourage you to do just that: follow the Constitution and past precedent, not the media, when making your determination of the President-Elect. This democracy relies on a rule of law and the law must be followed.


Sincerely,
Jody Hice
Ranking Member
Subcommittee on Government Operations
cc: The Honorable Gerry Connolly, Chairman
Subcommittee on Government Operations









6 Id.
7 Courtney Buble, GSA Holds the Key to When or If Biden Gets Access to Full Transition Resources, GOV’T EXEC. (Nov. 6, 2020), https://www.govexec.com/management/...ionwinner-formally-kicking-transition/169854/.


https://www.conservativedailynews.c...t-joe-biden-is-not-president-elect-full-text/
 

Fatrat

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#2
Big whoop, Biden won and Trump is just a crybaby...and our Masters are still happy. I didn't vote for either.
 

Aurumag

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#3
Either way, Donald J Trump remains POTUS at least until high noon EST on 20 January 2021.
 

Buck

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#4
Big whoop, Biden won and Trump is just a crybaby...and our Masters are still happy. I didn't vote for either.
see below
I strongly encourage you to do just that: follow the Constitution and past precedent, not the media Fatrat, when making your determination of the President-Elect.
correction noted

:2 thumbs up:
 

Fatrat

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#5
Of course it would be funny if President Trump filed papers stating evictions are not allowed in D.C. right now.
 

gnome

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#6
Of course it would be funny if President Trump filed papers stating evictions are not allowed in D.C. right now.
He got the full 2020 treatment... got covid, lost his job and about to be evicted.
 

Mujahideen

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#7
Wouldn’t the President elect be formally selected by the electoral college on dec 14th?

They are the ones who decide. Wouldn’t Biden be technically the apparent President elect if you are going off of mainstream media reports?
 

anywoundedduck

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#8
Wouldn’t the President elect be formally selected by the electoral college on dec 14th?

They are the ones who decide. Wouldn’t Biden be technically the apparent President elect if you are going off of mainstream media reports?
Its not apparent to me though. The Mass Media Pravda Squad is counting electoral votes before their hatched.
 

DodgebyDave

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#9
The first time I heard "why don't they just accept it" told me what was at play here.

The communists need us to lay on our backs and pee on ourselves in blind compliance.

The Communists CANNOT AFFORD partisans that will make trouble.

I'm here to do exactly fucking that.

It may not be big trouble, just a small fly
 

Ensoniq

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#10
Wouldn’t the President elect be formally selected by the electoral college on dec 14th?

They are the ones who decide. Wouldn’t Biden be technically the apparent President elect if you are going off of mainstream media reports?
Exactly, or in the event of a concession

And not a minute sooner

This ain’t close to over