On Thursday, December 17, 2020, Congressman Mo Brooks (AL-05) was joined by 18 House Conservative colleagues to send an investigation and hearings request letter to Senate Majority Leader Mitch McConnell and House Speaker Nancy Pelosi and various House and Senate committee chairs. Under the Constitution and federal statutes, Congress is responsible for resolving all federal election contests for President, the Senate and the House. The letter requests the recipients do their jobs and conduct voter fraud and election theft hearings and investigations so that Congressmen and Senators will be better informed when Congress faces contests and questions about the legitimacy and validity of various federal elections held on November 3, 2020.
Text of the investigation and hearings request letter:
Dear Leader McConnell, Chairman Blunt, Chairman Graham, Chairman Johnson, Speaker Pelosi, Chairperson Lofgren, Chairman Nadler, and Chairwoman Maloney:
Constitution Article I, Section 4 (the “Election Clause”) empowers Congress to set the times, places and manner of elections involving federal elected officials. State legislatures are similarly empowered to set the times, places and manner of elections provided they do not conflict with the laws of Congress.
There are countless incontestable examples wherein governors, election officials, and judges altered states’ election procedures in violation of the Constitution’s Election Clause, in conflict with Congressional acts setting the times, places and manner of elections, and in conflict with legislative acts similarly setting the times, places and manner of elections.
What is unknown is the exact extent to which these violations of Article I, Section 4 illegally affected and altered federal elections within various states.
Constitution Article 1, Section 5 empowers the House and Senate to be the “Judge of the Elections, Returns and Qualifications of its own Members.”
United States Code Title 3, Chapter 1 states the process by which electoral college electors’ votes are communicated to Congress and the procedures by which Congress accepts or rejects states’ electoral college vote submissions (3 U.S.C. 15).
The sum and substance of the above Constitutional and statutory provisions is that Congress is the final and ultimate judge, jury and arbiter of all contested Congressional, Senatorial, and Presidential elections.
The House of Representatives has already received notice of, and shall be the “Judge” of, an election contest in Iowa.
Similarly, the presidential election has been the subject of dozens of lawsuits alleging voter fraud, illegal voting, and election theft which, on January 6, 2021, may or will be the subject of extensive floor debate as Congress determines whether to accept or reject various states’ electoral college vote submissions.
To date, and as would be expected because federal elected office contest duties lie with Congress, federal courts and the Supreme Court have had no trials on, no substantive evidentiary hearings on, and declined to rule on the merits of numerous voter fraud, illegal voting and election theft allegations in dozens of lawsuits.
America’s republic is dependent on the actual and perceived honesty and accuracy of the elections which are the underpinning of all republics.
Inasmuch as it is inevitable that Congress will face one or more election contests, likely to include that for President of the United States, we, the undersigned, request that your committees do their jobs on behalf of our country and immediately and without delay hold all evidentiary and other hearings necessary to fully investigate and probe the anomalies of the 2020 general election so that Congressmen and Senators will be fully informed as we face contests and questions about the legitimacy and validity of all federal elections held on November 3, 2020.
This request has particular urgency due to federal law mandating that all objections to the receipt of various state electoral college vote submissions be made on January 6, 2021.
Therefore, we ask that you immediately convene and hold hearings that:
1. probe all allegations of illegal conduct concerning the November 3, 2020 elections.
2. investigate systemic problems affecting our elections.
3. hear from election experts to explore legislative solutions that lessen the impact of fraudulent and illegal votes and restores faith that America can hold a free and fair election.
We look forward to your prompt action on these matters that are critical to America’s continued existence as a republic.
Sincerely,
Congressman Mo Brooks (AL-05), Congressman Andy Biggs (AZ-05), Congressman Mike Rogers (AL-03), Congressman Jim Banks (IN-03), Congressman David Rouzer (NC-07), Congressman Paul Gosar, D.D.S. (AZ-04), Congressman Ted Budd (NC-13), Congressman Lance Gooden (TX-05), Congressman Brian Babin (TX-36), Congressman Bob Gibbs (OH-07), Congressman Ralph Norman (SC-05), Congressman Gregory Steube (FL-17), Congressman Jody Hice (GA-10), Congressman Mike Kelly (PA-16), Congressman Jeff Duncan (SC-03), Congressman Louie Gohmert (TX-01), Congressman Randy Weber (TX-14), Congressman Scott DesJarlais (TN-04), Congressman Mike Garcia (CA-25).
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