Critics have pointed out that despite repeated, scattershot allegations of fraud by President Donald Trump, every state certified its results — some of them after full recounts — and that dozens of court decisions have upheld the validity of Joe Biden’s victory on Nov. 3. They’ve also noted that Republicans are being selective in challenging results, alleging fraud in certain states won by Biden but not in down ballot races won by Republicans in those very same states.
Regardless, the Texas Republican indicated he had his doubts the election was lawful.
“We went into this election with the country deeply divided, deeply polarized,” Cruz said on the Fox News Channel program, “and we’ve seen in the last two months unprecedented allegations of voter fraud, and that’s produced a deep, deep distrust of our democratic process across the country. I think we in Congress have an obligation to do something about that. We have an obligation to protect the integrity of the democratic system.”
He also said he wished the Supreme Court, which twice declined to hear challenges to Biden’s election had agreed to sort out the issue — and said that President Donald Trump had asked him to make his argument before the nation’s top court.
“I wish the Supreme Court had taken this case,” Cruz said. “There were two opportunities to take this case. One out of Pennsylvania, one out of Texas, and in both instances, the lawyers asked me to argue those cases, and so with regard to the Texas case, President Trump called me and said, ‘Ted, would you do the oral argument in this case if the court takes it?’ I told the president, ‘Absolutely, I’d be happy to do it.’ I wish the court had taken one or both of those cases. I think the Supreme Court be a better forum for resolving those issues.”
Cruz said challenging the results of the election was not an ideal thing for Congress to be doing, but it seemed better to him than merely accepting the results.“Frankly, two pretty lousy choices,” he said.
In order for the GOP congressional challenge to succeed, the House and Senate would have to vote to not certify the results when the Electoral College results are presented in a joint session of Congress on Jan. 6 with Vice President Mike Pence at the helm. Though Republicans can delay Biden’s certification by a matter of hours — a challenge to the results would lead to debate in both the House and Senate, then a vote — their effort is almost certainly doomed to fail. Democrats hold a majority in the House, and several leading Republicans in the Senate have made it clear they won’t vote to back the GOP challenge.
Some Senate Republicans — including Mitt Romney of Utah, Lisa Murkowski of Alaska, Pat Toomey of Pennsylvania, and Ben Sasse of Nebraska — have been vocal in condemning the GOP challenge, painting it as a threat to the rule of law. “The egregious ploy to reject electors may enhance the political ambition of some, but dangerously threatens our Democratic Republic,” Romney said in a statement.
One of the other Republicans pledging to reject the election results, Wisconsin Sen. Ron Johnson, sparred with host Chuck Todd on NBC’s “Meet the Press” on Sunday over the legitimacy of the crisis that Republicans purporting to now end.
“You got to ask yourself, when you tell people a million times that something was stolen or something was fraud and then they believe it, I think you need to look in the mirror,” Todd said to him.
“Chuck, look in your mirror,” Johnson replied.
Other Senate veterans who are planning to challenge the Biden win are Sens. Josh Hawley (Mo.), Marsha Blackburn (Tenn.), Mike Braun (Ind.), Steve Daines (Mont.), John N. Kennedy (La.) and James Lankford (Okla.). Four others are newly elected: Bill Hagerty (Tenn.), Cynthia Lummis (Wyo.), Roger Marshall (Kan.) and Tommy Tuberville (Ala.).
As it stands, Biden is expected to end up with 306 votes in the Electoral College, with Trump at 232.