20201117 Ban tin Bien Dong
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"WHY DO YOU CENSOR US?" Ted Cruz SLAMS
Twitter And Facebook During Election Suppression Hearing
https://www.youtube.com/watch?v=0NhYTm2auyw
***
"Chưa đổ ông Nghè mà đã đe hàng Tổng."!
***
Letter to Emily Murphy (G.S.A.) from Congress.
https://pascrell.house.gov/uploadedfiles/finalgsa.pdf
Congress of the United States
Washington, DC 20515
November 9, 2020
Ms. Emily Murphy, Administrator
General Services Administration
1800 F St NW
Washington, D.C. 20405
Dear Ms. Murphy:
As we write you, President-elect Joe Biden’s overwhelming election victory grows by the day. (1) Mr. Biden and Vice President-elect Kamala Harris won a decisive popular vote margin as well as a majority of the Electoral College to become our 46th President and Vice President. It is now essential you uphold your responsibilities under the Presidential Transition Act (“Act”) of 1963. Yet, the Washington Post reports that your office is withholding certification of President-elect Biden’s victory, thereby blocking the expedient and peaceful commencement of the presidential transition. (2) We write to request an immediate briefing on the implementation of the Presidential Transition.
A candidate becomes “President-elect” and “Vice President-elect” when they “are the successful candidates for the office of the President and Vice President, respectively, as ascertained by the Administrator” of the General Services Administration. (3) The law explicitly states that the purpose of a presidential transition is to “assure continuity in the faithful execution of the laws” because any disruption “could produce results detrimental to the safety and well-being of the United States and its people.” (4) Your actions delaying “the orderly transfer of the executive power” fly in the face of congressional intent and ignore the will of the American people while endangering public health and national security. (5) The American people resoundingly voted to remove Donald Trump from office. By failing to ascertain Biden’s and Kamala Harris’ clear victory, you are undermining the urgent need for a prompt and effective transition of power in the midst of a global pandemic that must be focused on the safety and well-being of our citizens.
1 New York Times, Presidential Election Results: Tracking the Vote Count (online at www.nytimes.com/interactive/2020/11/03/us/elections/results-president.html) (accessed on Nov. 9, 2020).
2 Washington Post, A Little-Known Trump Appointee is in Charge of
Handling Transition Resources to Biden — and She Isn’t Budging (Nov. 8, 2020)
(online at www.washingtonpost.com/politics/trump-gsa-letter-biden-transition/2020/11/08/07093acc-21e9-11eb-8672-c281c7a2c96e_story.html)
3 3 U.S.C. 102 note Secs. 3(c); (h)(2)(D)
4 3 U.S.C. 102 note Sec. 2.
5 Id.
We ask that you immediately provide us a briefing on your plans to implement the Presidential Transition Act and provide the following information in writing by close of business Wednesday November 11, 2020:
Please outline why you believe the clear 2020 Presidential election outcome is not “apparent” and what actions you are taking to “ascertain” who the President-elect and Vice President-elect are.
Have
Donald Trump, adjutants of Mr. Trump, or other White House officials directed
you to block commencement of the presidential transition? Please detail any
interactions you have had with White House personnel on the presidential transition.
Donald Trump will be vacating the White House by January 20, 2021.
You are directly responsible for executing the Presidential Transitions Act, as
amended, and ensuring a smooth, effective, and peaceful transition of power
during a very difficult time in our
nation. We demand that you provide answers to our questions,
immediately release congressionally-appropriated funds for the incoming Biden
Administration, and cease obstructing the transition to our 46th Presidential
Administration.
Sincerely,
Bill Pascrell, Jr. Gerry
Connolly Dina Titus
Member of Congress Member of Congress Member of Congress
November 13, 2020
The Honorable Emily Murphy Administrator
General Services Administration
1800 F St. N.W.
Washington, D.C. 20405
Dear Administrator Murphy:
On November 9, 2020, Democratic
House Members sent you a letter that misrepresented the facts surrounding your
responsibilities under the Presidential Transition Act of 1963 (Act).1 I write
to correct the record.
1 Letter from Gerry Connolly,
et. al., Member of Congress, to Emily Murphy, Administrator, U.S. Gen. Serv.
Admin. (Nov. 9, 2020) available at https://connolly.house.gov/news/documentsingle.aspx?DocumentID=4126;
See Presidential Transition Act of 1963, Pub. L. No. 88-277, § 3(c), 78
Stat. 153 (1964).
2 Id.
3 Id (emphasis added).
4 Transitioning to a New
Administration: Can the Next President be Ready: Hearing Before the Subcomm. on
Gov’t Mgmt, Information, and Technology, Comm. on Gov’t Reform, 106th Cong,
2nd Session, (Dec. 4, 2000) (Prepared Statement of Paul C. Light).
5 Id.
Under the Act, you, as
administrator of the General Services Administration (GSA), have the authority
to provide government-funded transition assistance to the President-Elect and
the Vice-President-Elect.2 However, this assistance can only occur after there
are “apparent successful candidates for the office of the
President and Vice President, respectively, as ascertained by the
Administrator [you].”3
There are enough state contests in question, such that there is not yet an apparent President or Vice-President-Elect. Precedent and legislative history present three situations where there may be an un-apparent President-Elect:
1. The drafters of the Act anticipated three electoral situations where there would be an un-apparent President-Elect: (1) a tie, (2) a plurality winner, or (3) the presence of extensive voter fraud or intimidation.4 The third being applicable to 2020 since the Trump campaign has raised questions and filed legal challenges in several states;
2. The drafters concluded that
“if there is any doubt in the Administrator’s mind” the Administrator does not
have to release transition assistance.5 Since states have not yet
The Honorable Emily Murphy November 13, 2020 certified an electoral winner and some states are still tabulating legal ballots, there remains doubt as to the winner; and
3. The precedent set by the Clinton Administration in the contested 2000 election is that to ascertain an apparent President-Elect there would need to be a concession—which has not yet occurred in 2020—or no more legitimate continuing legal challenges—which has not yet occurred in 2020.6
6 Id.
7 Courtney Buble, GSA Holds
the Key to When or If Biden Gets Access to Full Transition Resources, GOV’T
EXEC. (Nov. 6, 2020), https://www.govexec.com/management/2020/11/gsa-faces-tricky-decision-ascertaining-election-winner-formally-kicking-transition/169854/.
According to
Congressional intent and past precedent set by President Clinton, as of today,
there is no apparent President-Elect.
A GSA
spokesman recently stated that “the GSA Administrator ascertains the apparent successful
candidate once a winner is clear based on the process laid out in the
Constitution.”7 I strongly encourage you to do just that: follow the
Constitution and past precedent, not the media, when making your determination
of the President-Elect. This democracy relies on a rule of law and the law must
be followed.
Sincerely,
Jody Hice
Ranking Member
Subcommittee
on Government Operations
cc: The
Honorable Gerry Connolly, Chairman
Subcommittee on Government Operations
https://pascrell.house.gov/uploadedfiles/finalgsa.pdf
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