INFO - CONCERNS ABOUT THE ATTEMPT TO DENY CERTIFICATION

Statement by Republican Mitch McConnell, Senate Minority Leader: 

"I have served 36 years in the Senate. This will be the most important vote I have ever cast. ... The voters, the courts and the states have all spoken. If we overrule them all, it would damage our republic forever.” 

- “McConnell Remarks on the Electoral College Count," Office of Senator Mitch McConnell, 6 January 2021.

Statement by Republican Senator Mitt Romney:

"Romney Condemns Insurrection at U.S. Capitol - Urges unanimous affirmation of election results": "We gather today due to a selfish man’s injured pride and the outrage of his supporters whom he has deliberately misinformed for the past two months and stirred to action this very morning. What happened here today was an insurrection, incited by the President of the United States. Those who choose to continue to support his dangerous gambit by objecting to the results of a legitimate, democratic election will forever be seen as being complicit in an unprecedented attack against our democracy. They will be remembered for their role in this shameful episode in American history. That will be their legacy."

- "Romney Condemns Insurrection at U.S. Capitol - Urges unanimous affirmation of election results," office of Senator Mitt Romney, 6 January 2021.

Statements by Laurence Tribe, Professor of Constitutional Law Emeritus, Harvard Law School:

Tweet on 6 January while the attack on the Capitol building was taking place: "Any halfway decent member of the House or Senate who was planning to object to the Electoral Vote count must now desist. They’ve had not just their day in court but months in court. ... This has crossed the line past sedition... ." 

 - Laurence Tribe (@tribelaw), X/Twitter, 6 January 2021.

https://twitter.com/tribelaw/status/1346969439573602310 

Tweet on 9 January: “The Sedition Caucus members of each chamber are logical candidates for expulsion by a 2/3 vote of their respective chambers. Indeed, the explicit language of the Disqualification Clause of 14th Am, Sec.3 suggests they'd need 2/3 of both Houses to hold any future public office.”  

- Laurence Tribe (@tribelaw), X/Twitter, 9 January 2021.

https://twitter.com/tribelaw/status/1347967348645494785

Joint statement by U.S. Election Infrastructure Government Coordinating Council and Election Infrastructure Sector Coordinating Executive Committees:

 “The November 3rd election was the most secure in American history. … While we know there are many unfounded claims and opportunities for misinformation about the process of our elections, we can assure you we have the utmost confidence in the security and integrity of our elections.” 

- "Joint statement from Elections Infrastructure Government Coordinating Council & the Election Infrastructure Sector Coordinating Executive Committees," 12 November 2020.

Statements by United States business organizations and business leaders, issued before the certification vote:

• Statement by U.S. Chamber of Commerce CEO (U.S. Chamber of Commerce is the world's largest business organization): “On November 3rd a record number of Americans voted. Their votes were counted and consistent with state law, in some cases, recounted. More than 50 legal challenges were heard, adjudicated, and resolved. Election results in all 50 states and the District of Columbia were certified and duly appointed electors have met and cast their votes for president and vice president. Efforts by some members of Congress to disregard certified election results in an effort to change the election outcome or to try a make a long-term political point undermines our democracy and the rule of law and will only result in further division across our nation. ..." U.S. Chamber CEO on Electoral College Vote Counting," 4 January 2021.
• Business Roundtable statement (Business Roundtable is an association of more than 200 chief executive officers of America’s leading companies): “With claims of electoral fraud having been fully considered and rejected by federal and state courts and state government officials, the integrity of the 2020 presidential election is not in doubt. There is no authority for Congress to reject or overturn electoral votes lawfully certified by the states and affirmed by the Electoral College. The peaceful transition of power is a hallmark of our democracy and should proceed unimpeded. ..." "Business Roundtable Statement on January 6 Joint Session of Congress to Count Electoral Votes," 4 January 2021.
• National Association of Manufacturers statement (National Association of Manufacturers represents 14,000 member companies from across the United States, in every industrial sector): “Manufacturers fight vigorously for the four pillars that have made America exceptional: Free Enterprise, Competitiveness, Individual Liberty and Equal Opportunity. But holding all of this together is the basic form of government, which has enabled us to protect those pillars: Democracy. Manufacturers stand with members of Congress who intend to uphold their constitutional responsibility and vote to certify the Electoral College tallies that resulted from free, fair and legal elections in the states. Election officials in both parties, as well as state and federal courts in more than 60 cases, have determined that the outcome is not in doubt. Joe Biden is our next President, and Congress must heed the voice of the American people. ..." "Manufacturers to Congress: Respect Democracy, Elections," 4 January 2021.
• Letter signed by nearly 200 business leaders, organized by Partnership for New York City (Partnership for New York City is a nonprofit organization whose members are business leaders and companies): "This presidential election has been decided and it is time for the country to move forward. President-elect Joe Biden and Vice President-elect Kamala Harris have won the Electoral College and the courts have rejected challenges to the electoral process. Congress should certify the electoral vote on Wednesday, January 6. Attempts to thwart or delay this process run counter to the essential tenets of our democracy. ... There should be no further delay in the orderly transfer of power." "Business Leaders Call on Congress to Accept the Electoral College Results," 4 January 2021.

Statement by former House Speaker Paul Ryan (Republican):

"Efforts to reject the votes of the Electoral College and sow doubt about Joe Biden’s victory strike at the foundation of our republic. It is difficult to conceive of a more anti-democratic and anti-conservative act than a federal intervention to overturn the results of state-certified elections and disenfranchise millions of Americans. The fact that this effort will fail does not mean it will not do significant damage to American democracy. The Trump campaign had ample opportunity to challenge election results, and those efforts failed from lack of evidence. The legal process was exhausted, and the results were decisively confirmed. The Department of Justice, too, found no basis for overturning the result. If states wish to reform their processes for future elections, that is their prerogative. But Joe Biden’s victory is entirely legitimate."

- “Paul Ryan excoriates planned GOP effort to challenge Biden's Electoral College win as 'anti-democratic and anti-conservative’," Christal Hayes, USA Today, 3 January 2021.

Joint statement on Congressional certification of the 2020 Presidential election results, issued by bipartisan group of Senators:

“The 2020 election is over. All challenges through recounts and appeals have been exhausted. At this point, further attempts to cast doubt on the legitimacy of the 2020 Presidential election are contrary to the clearly expressed will of the American people and only serve to undermine Americans’ confidence in the already determined election results. The voters have spoken, and Congress must now fulfill its responsibility to certify the election results. In two weeks, we will begin working with our colleagues and the new Administration on bipartisan, common sense solutions to the enormous challenges facing our country. It is time to move forward.”

- signed by U.S. Senators Mitt Romney (R-UT), Joe Manchin (D-WV), Susan Collins (R-ME), Mark Warner (D-VA), Bill Cassidy (R-LA), Jeanne Shaheen (D-NH), Lisa Murkowski (R-AK), Angus King (I-ME), Maggie Hassan (D-NH), and Dick Durbin (D-IL)

- “Bipartisan group of Senators: Voters have spoken, Congress must fulfill responsibility," 3 January 2021.

Statement by Trump-appointed federal appellate Judge Stephanos Bibas, writing for the 3rd Circuit three-judge panel (all appointed by Republican presidents), when denying the Trump campaign’s effort to overturn election results in Pennsylvania:

“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.”

- “Appeals court rejects Trump challenge of Pennsylvania race," Maryclaire Dale, Associated Press, 27 November 2020.

Associated Press report: "Arizona Supreme Court upholds election challenge dismissal":

Associated Press reported that on 5 January 2021,  a four-judge panel of the Arizona Supreme Court upheld a lower court decision dismissing the last challenge seeking to decertify Joe Biden’s victory in the state. "The high court ruling is the second time the ... court has turned aside an appeal of a court loss by backers of President Donald Trump seeking to overturn the results of the election. In all, eight lawsuits challenging Biden’s Arizona win have failed." [All seven Arizona Supreme Court Justices at that time had been appointed by a Republican governor. ]

- “Arizona Supreme Court upholds election challenge dismissal," Bob Christie and Jacques Billeaud, Associated Press, 5 January 2021.

Joint statement by all 10 living former defense secretaries (Ashton Carter, Dick Cheney, William Cohen, Mark Esper, Robert Gates, Chuck Hagel, James Mattis, Leon Panetta, William Perry, Donald Rumsfeld): 

"Our elections have occurred. Recounts and audits have been conducted. Appropriate challenges have been addressed by the courts. Governors have certified the results. And the electoral college has voted. The time for questioning the results has passed; the time for the formal counting of the electoral college votes, as prescribed in the Constitution and statute, has arrived."

- "All 10 living former defense secretaries: Involving the military in election disputes would cross into dangerous territory," Washington Post, 3 January 2021.

Joint statement by 22 leading U.S. historians and constitutional scholars:

“Never before in our history has a president who lost re-election tried to stay in office by subverting the democratic process set down by the Constitution. That is what President Trump has been doing since November 3 …. The People have spoken. The State Legislatures have spoken. The Supreme Court has spoken. The Electoral College has spoken. Yet now, some members of Congress are disrupting the orderly acceptance of the election result, which is the single most important principle of democratic government.”

- “Historians’ statement on congressional certification of the 2020 presidential election,” 4 January 2021.

Liz Cheney (Republican), then Congresswoman and Chair of the House Republican Conference:

"The 2020 presidential election was not stolen. Anyone who claims it was is spreading THE BIG LIE, turning their back on the rule of law, and poisoning our democratic system." 

- “Trump ‘poisoning’ democracy with ‘big lie’ claim - key House Republican," David Morgan, Reuters, 3 May 2021.

"We can't embrace the notion the election is stolen. It's a poison in the bloodstream of our democracy. We can't whitewash what happened on Jan. 6 or perpetuate Trump's big lie. It is a threat to democracy."

- "Battle between Republican leaders Cheney and McCarthy reaching boiling point," Allan Smith, NBC News, 4 May 2021.

U.S. Senator Mitt Romney (Republican):

“The egregious ploy to reject electors may enhance the political ambition of some, but dangerously threatens our Democratic Republic...More Americans participated in this election than ever before, and they made their choice. President Trump’s lawyers made their case before scores of courts; in every instance, they failed. The Justice Department found no evidence of irregularity sufficient to overturn the election. The Presidential Voter Fraud Commission disbanded without finding such evidence."

- "Romney Statement On Certification of Presidential Election Results," office of Senator Mitt Romney, 2 January 2021.

Statement by the League of Women Voters:

“This week, Congress will count the Electoral College votes as required by the Constitution and affirm Joe Biden as the 46th President of the United States. Any objection to this process is simply political theater which directly mocks and defies our Constitution. Still, these actions will not change the legally proven result of the 2020 election. In November, the American people turned out in record numbers to elect the next president of the United States, and the Electoral College confirmed the people's will last month. The electors from each state have certified their results, and the role of Congress this week is to confirm that the votes sent are the ones the electors certified. Congress has no legal ability to change those results. While the League believes the Electoral College should be abolished, it is our current system for electing the next president. All elected officials must respect our democracy, accept the outcome of the election, and affirm the will of the people.” 

- "LWVUS [League of Women Voters of the United States] Statement on the Certification of the Presidential Election," 4 January 2021.

Statement by Richard H. Fallon, Professor of Constitutional Law, Harvard Law School:

"January 6, 2021, brought a shocking reminder that historical practice does not guarantee continuing adherence to constitutional norms. Like most other Americans, I awoke that morning expecting the certification of Joseph Biden as the next, lawfully-elected president of the United States to occur relatively routinely. By early afternoon, I sat in front of a television watching theretofore unthinkable events unfold. After the quelling of the riot, I would have expected it to take many hours, perhaps days, to secure the Capitol. When congressional leaders insisted that the constitutional processes should proceed on schedule, I therefore felt a thrill of relief. By early evening, the Congress had re-convened. Our institutions looked robust once more. But the respite was brief. Before the night was done, eight senators and 139 members of the House of Representatives voted to sustain objections to the electoral college returns from Pennsylvania, Arizona, or both. None cited any plausible evidence of substantial inaccuracy in the vote counts. ... [I]f the events of that day teach anything, it is that our institutions cannot be more reliable than the men and women who populate them..." 

- "January 6, 2021: Harvard Law experts reflect a year later," Jeff Neal, Harvard Law Today, 4 January 2022.

Petition, signed by thousands of law school alumni and students, calling for the disbarment of Senators Josh Hawley and Ted Cruz for their attempt to stop certification of the election results  (Laurence Tribe [Professor of Constitutional Law Emeritus, Harvard Law School] and  Michael Klarman [Professor of Constitutional Law, Harvard Law School] were among those who signed):

Excerpt from the petition: "... In leading the efforts to undermine the peaceful transition of power after a free and fair election, Senators Hawley and Cruz attacked the foundations of our democracy. Nearly 160 million Americans exercised their right to vote in the November 2020 election. Dozens of courts rejected unfounded claims of widespread voter fraud, and the Electoral College formally ratified President-elect Biden’s victory on December 14, 2020. Despite these clear expressions of the will of the people—and with full knowledge of the implications of their actions—Senators Hawley and Cruz publicly announced their intentions to object to Congress’s certification of the Electoral College’s votes set for January 6, 2021. In doing so, Senators Hawley and Cruz directly incited the January 6th insurrection, repeating dangerous and unsubstantiated statements regarding the election and abetting the lawless behavior of President Trump. A violent mob attacked the U.S. Capitol. Five people have died. The nation and the world watched as rioters took over the very halls and chambers that embody our democracy. Yet after the violence and terror of the day’s events, Senators Hawley and Cruz still chose to stand in the chamber of the U.S. Senate and persist in their baseless objections to the will of the people. These actions prove Senators Hawley and Cruz fundamentally unfit for membership in the legal profession. Both have flagrantly violated some of the most elementary ethics rules governing the legal profession. In inciting and encouraging a violent insurrection against the U.S. government, they have potentially committed 'a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.' And by fanning the fury of aggrieved constituents through false claims of voter fraud, all for their own political gain, they have engaged in 'conduct involving dishonesty, fraud, deceit, or misrepresentation.' Most importantly, lawyers who betray the very democratic institutions they are charged with protecting and improving as 'public citizens' are definitionally unfit for the legal profession. ..."
- “Thousands of law school alumni and students push for disbarment of Sens. Hawley and Cruz," Valerie Strauss, Washington Post, 10 January 2021.

- “Thousands of lawyers and law students petition to disbar US Senators Josh Hawley and Ted Cruz," Angela Mauroni, in Jurist, 14 January 2021.

- NOTE: The page of this website entitled "Further information about Senators Hawley and Cruz, regarding their attempt to block certification" provides further details about the petition, endeavors to disbar the senators, calls for their resignations, and each senator’s defense of his conduct. Both Hawley and Cruz condemned the violence and denied any role in inciting it. Neither Senator Hawley nor Senator Cruz have been disbarred by their bar associations, and neither has resigned. 

A number of commentators began referring to the 147 lawmakers who voted against certification of the election results as "the Sedition Caucus," for example, see:

- "A congressman’s outburst on the House floor puts the Sedition Caucus to shame," Greg Sargent, in Washington Post, 7 January 2021.

- "A demagogue, a mob and the Sedition Caucus," Jennifer Rubin, in Washington Post, 7 January 2021.

- "A violent mob overran Congress. 3 takeaways for the weeks ahead. Did American electoral institutions survive the stress test?" Professor Sarah Binder, in Washington Post, 11 January 2021.

- "Lincoln Project shifting focus to corporations that have donated to ‘Sedition Caucus’," Joseph Choi, The Hill, 8 July 2021.