MARK LEVIN (HOST): And now, the criminalization of this entire process is shocking. Chris Christie said today — and of course, whatever he says is so crucially important — they have a right to make these legal challenges, and when they’re over, that’s the end of it. Uh, no, big boy, that’s not the way it works.
Congress makes the final decision. Not a district court, not a circuit court, not even the Supreme Court. Congress makes the final decision. Even if Congress in the Bush v. Gore case, had decided it would ignore the Supreme Court, and it would count ballots — excuse me — would count electors a different way, Congress would prevail. Period.
So, it’s not what the legal process says, it’s what the political process and the constitutional process says. Congress has the final say. Congress decides if there’s fake electors or there’s not fake electors. Congress decides if a close election goes one way or another. You don’t criminalize these decisions.
Presidents are free to tell somebody, “You know, see if you can find another 11 or 12,000 votes.” It’s not assumed that that’s a crime. Presidents are free to contact secretaries of state, governors, state legislators, asking them to see what they can do to reverse the election. It doesn’t mean they’re committing a crime. None of this is criminal.