“Sorry, President Trump. January 6 is not an election do-over.”

Important Ned Foley in WaPo:

President Trump and his supporters are trying to turn the Jan. 6 congressional session for counting electoral college votes into something that it is not and was never intended to be: a forum for litigating Trump’s claims of voter fraud.

Never mind that Trump has no evidence to support his assertion that massive fraud is what caused Joe Biden to win the popular vote in enough states for an electoral college victory. The critical point is this: Even if there were such proof, the Jan. 6 session is not the place to present it.

The Constitution and the Electoral Count Act of 1887 intended the Jan. 6 session to address a narrow question: Are the electoral votes received by Congress ones cast by electors the states appointed?

This limited inquiry requires Congress simply to authenticate the documents. Remember, these rules were formulated in the 19th century, when there was a realistic risk of counterfeit papers pretending to be official. Thus, the 1887 act requires a state’s governor to affix “the seal of the State” to the certificate confirming the appointment of electors.

Further, the 1887 act obligates Congress to consider “conclusive” a state’s own “final determination” of litigation over a state’s appointment of electors when two conditions are met. The “final determination” must occur by a certain date, Dec. 8 this year, and must be based on state laws existing before Election Day, Nov. 3. Congress instructs governors to provide verification of these two conditions in their certifications.

This is the opposite of Trump allies’ feverish imaginings about using the session as an opportunity for congressional fact-finding on whether fraud or error tainted the tally of the state’s popular vote.

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