President Trump’s legal team has confirmed a legal assessment from the Amistad Project, in that the only electoral college deadline that matters is inauguration day.
President Trump’s top legal advisors, former New York Mayor Rudy Giuliani, and Jenna Ellis, have confirmed an assessment from the legal minds behind the Amistad Project, noting that states do not have to obey arbitrary deadlines such as the “safe harbour” deadline, set by federal law, and that the only deadline they have to meet is January 20th, 2021, which is set by the Constitution.
“The ‘Safe Harbor Deadline’ is a statutory timeline that generally denotes the last day for states to certify election results. However, it is not unprecedented for election contests to last well beyond December 8,” Giuliani and Ellis argue in a statement:
Justice Ginsburg recognized in Bush v. Gore that the date of ‘ultimate significance’ is January 6, when Congress counts and certifies the votes of the Electoral College. The only fixed day in the U.S. Constitution is the inauguration of the President on January 20 at noon. Despite the media trying desperately to proclaim that the fight is over, we will continue to champion election integrity until every legal vote is counted fairly and accurately.
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— Jenna Ellis (@JennaEllisEsq) December 8, 2020
Top legal experts from the Amistad Project argued last week that states do not have to send their Electoral College votes for either President Trump or Vice President Biden by December 8th or December 14th. As National File reported:
Because the deadlines set for the Electoral College are only set by federal law, not the Constitution, then states who are questioning the results of the election would have the right to ignore them if they so chose when investigating irregularities…
“Through rigorous investigations supporting our litigation, we demonstrate that state and local officials brazenly violated election laws in several swing states in order to advance a partisan political agenda,” said Phill Kline, Director of The Amistad Project. “As a result, it is impossible for those states to determine their presidential Electors in line with the arbitrary deadline set forth via federal statute in 1948, and thus, the only deadline that matters is January 20, 2021.”
