JOHN McCARTHY, Associated Press Writer needs to hear from us.Write to the papers that picked up his story. Any suggestions on where to write to McCarthy? I'm poking around, but if someone has a suggestion, please post.
He needs to be set straight on this statement in particular:
Blackwell then signs a "transmittal" of the vote total and sends it to the president of the U.S. Senate, who will announce the national total on Jan. 6.
There is more to January 6th than announcing the total. Congress counts the electoral votes and has the duty to judge the legality of them.
As Justice Breyer noted in his dissent to this Court's ruling in Bush v. Gore, the Electoral Count Act makes it the duty of Congress to ultimately resolve such a situation. In quoting the legislative history, he cites that:
They can only count legal votes, and in doing so must determine, from the best evidence to be had, what are legal votes…
And further that:
The power to judge of the legality of the votes is a necessary consequent of the power to count. The existence of this power is of absolute necessity to the preservation of the Government." Bush v. Gore, J.Breyer dissent (11) December 12, 2000
It seems clear that in his dissent Justice Breyer was explicitly instructing Congress as to what their duty was. They failed on January 6th, 2001. We need to do what we can to make sure they do not fails us on January 6th, 2005.
JOHN McCARTHY's failure to tell the whole story is contributing to the "done deal" propaganda. Ask the papers that published his report to inform their readers about what actually takes place on January 6th.
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