IDP legislator warns over precedent where US has ‘acting president’ if inauguration is delayed

The Republican Conference Speaker of the House, Liz Cheney of Wyoming, directly denounced the attempt by several GOP lawmakers to oppose the certification of President Joe Biden’s election college on Wednesday. She warned of a ‘dangerous’ precedent delaying the inauguration, leaving the US with an acting president.

A coalition of 11 GOP senators and elected senators announced on Saturday that it would challenge Congress to confirm Biden’s victory on Wednesday, unless an audit of the results is done. The group, led by Ted Cruz of Texas, said they would “reject voters from disputed states because they were not ‘regularly given’ and ‘legally certified’ … unless and until the ten-day state of emergency is completed . “

In a 21-page memorandum sent to her IDP colleagues, Cheney, the Republican leader no. 3, said the group’s actions would set an “extremely dangerous precedent” and called the commission’s idea “even more problematic”.

“By objecting to the elections, the members inevitably claim that Congress has the authority to block elections and dishonor the state and federal courts,” she said. “This is in direct conflict with the clear text of the Constitution and our core beliefs as Republicans.”

Congressman Liz Cheney, a Republican, gives a speech
Wyoming Republican Rep. Liz Cheney speaks at a press conference outside the Washington DC Capitol on December 10, 2020.
Drew Angerer / Getty

Besides Cruz, the group includes Ron Johnson of Wisconsin; James Lankford of Oklahoma; Steve Daines of Montana; John Kennedy of Louisiana; Marsha Blackburn of Tennessee; and Mike Braun of Indiana. Senator-elect Tommy Tuberville of Alabama, Roger Marshall of Kansas; Bill Hagerty of Tennessee; and Cynthia Lummis of Wyoming are also part of the movement.

The group called for an election commission to be set up to investigate the outcome of the controversial presidential election, all of which voted for Biden. “Upon completion, individual states would evaluate the Commission’s findings and convene a special legislative session to confirm a change in their vote, if necessary,” the coalition said.

Cheney strongly criticized the idea, saying “it is not reasonable to expect any commission thus formed to be able to complete its work within ten days.”

“Did those who proposed a new commission realize that they were essentially proposing to postpone the inauguration?” she asked. “Do they mean to set a new future precedent where the inauguration is delayed and we have an ‘acting president’?”

“How long? Who decides when the process is over? Is there still a need for a Congress law? Can the acting president veto any future Congress action?”

Cheney concluded that the Republicans who intend to oppose the certification of Biden’s victory “must be prepared to answer how such a commission would be justified by the actual text of our founding documents.”

Newsweek reach out to Cruz’s office for comment.

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