Trump hits modest electoral reform bill, claims it proves Pence 'could have overturned the election'

A bipartisan group of senators is working on a bill clarifying that the vice president cannot just set aside slates of presidential electors and effectively overturn a presidential election, in response to an evident push by former President Donald Trump and his allies to exploit what they viewed as an ambiguity in the Electoral Count Act of 1887.
On Sunday evening, Trump issued a statement claiming that this legislative push shows that "Mike Pence did have the right to change the outcome, and they now want to take that right away. Unfortunately, he didn't exercise that power, he could have overturned the election!" One thing the House Jan. 6 committee is examining is whether Trump was involved in an effort to overturn President Biden's election, and committee member Rep. Adam Kinzinger (R-Ill.) called this new Trump statement "an admission" as well as "a massively un-American statement."
Another prominent Trump critic, lawyer George Conway, summarized the legal problem with Trump's claim. "The Twelfth Amendment and the Electoral Count Act of 1887 already make it entirely clear that the vice president merely opens the envelopes," he tweeted. "But sometimes we want to make laws even clearer so that even semiliterate psychopaths have a chance at understanding them."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Even in terms of raw-power pragmatism, Trump's argument has flaws. Trump has so far only hinted he will run for a second term in 2024 — he suggested Saturday night that if given another term, he would pardon the Jan. 6 rioters and insurrectionists, for example — but his claim that Pence could have overturned the election on Jan. 6 means Vice President Kamala Harris would enjoy that same power in January 2025.
Commentator Josh Barro quipped that Trump calling the main GOP proponent of reforming the Electoral Count Act "Wacky Susan Collins" shows he's "phoning in the nicknames," a "pretty good sign Trump's not actually going to run again." Trump, of course, has proved impervious to such witty repartee.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
French town divided over horse-drawn bin lorries
Under The Radar Critics say that the eco-friendly take on rubbish collection is 'terrifying' for the animals
-
Why is the NFL considering banning the 'tush push' play?
Today's Big Question The play is widely used by the Philadelphia Eagles, to other teams' chagrin
-
Pirro: Trump turns to another loyalist
Feature Trump appoints Jeanine Pirro, a 2020 election denier, as U.S. attorney
-
Pirro: Trump turns to another loyalist
Feature Trump appoints Jeanine Pirro, a 2020 election denier, as U.S. attorney
-
Hate pays: Making $770K from a racist rant
Feature A Minnesota mom made $770,000 after being caught on camera calling a 5-year-old boy a racial slur
-
The military: Hegseth's escalating culture war
Feature The Pentagon is ordering military academies to purge their libraries of books on race, gender, and discrimination
-
A running list of Trump's conflicts of interest
In Depth A potential Qatari plane is the latest in a series of problematic connections
-
U.S. hits brakes on trade war with China
Feature The Trump administration agreed to a 90-day tariff pause with China
-
Trump defends $400M jet gift on Mideast tour
Feature Trump's Middle East tour sparks alarm over plan to turn the Qatari jet into an Air Force One
-
Trump DOJ said to pay $5M to family of Jan. 6 rioter
speed read The US will pay a hefty sum to the family of Capitol rioter Ashli Babbitt, who was fatally shot on January 6
-
Trump DOJ charging House Democrat in ICE fracas
speed read Rep. LaMonica McIver is being charged with assault over a clash outside an immigration detention facility in Newark