(1) NOT AS OF JANUARY 6, 2021 - the day of the riot. The electors had already been selected and they had already met and cast their votes for president on December 14th. The only thing left to do as of January 6th, was for the sitting VP to read aloud the certificates cast by those electors representing all 50 states and the District of Columbia in order to finalize the vote count. January 6th only involved procedural formalities. It was already over.
(2) Trump wasn't simply wrong about that. He was lying. Pence's Chief of Staff, Marc Short, says that it was explained to Trump that it was not within the power of the VP to unilaterally disregard electoral votes on January 6th, which Trump had been pushing Pence to do. As a result of this explanation, Short says he was banned from the White House grounds. As of January 6th, Trump continued to tell his supporters that Pence could cast aside electoral college votes in the states that he was still contesting... but on January 6th, Trump knew better than that. Per Marc Short, it had been explained to Trump that Pence had no such authority to do that.
1) That's not accurate; SOLE authority for the selection resides in the state legislature, who can substitute their own electors anytime up to the presentation of President and VP to Congress. Yes, Dec. 14th is the date electors cast their vote for president but again, the legislature can wipe those votes if deciding the election is so plagued that it does not represent - in their opinion - the will of the people express through a valid vote tally. They have PLENARY power in selecting electors, vested by the federal constitution; they ALLOW state electors in the assumption the will of the voters is exercised. If they do NOT think the election exerts the will of the voters, they may substitute a slate of electors before or
on Jan 6 prior to the Congress joint session at 1:00PM. That's when the die, constitutionally, is cast. Plenary power is plenary power and there are no exclusions simply because it deviates from the norm (the broad assumption of valid election).
Strictly on the basis of usurpation of that plenary power by courts, governors, SoS, election boards, attorneys general, could state legislatures have - and should have - exercised that power in the face of blatant fraud, aside from questions of voting systems fraud, the End. Aside even from violations of state constitution, all states that did so
acted in violation of the U.S. Constitution.
SCOTUS entirely abandoned their duty of defending the Constitution and is compromised beyond redemption with the current composition of justices, none more derelict than John Roberts. Primarily, it is his cowardice - or ideology - that has relegated the court, laughably referred to as a 'conservatively packed court', to a PAC.
2) As you note,
Short is Pence's CoS, not Trump; he's not a lawyer or constitutional scholar. So, how does an opinion contrary to his make the opposing opinion a lie? Your logic stinks.
But here, I'll help because I'd like to see you get a win for a change. Sekulow, who is obviously Trump's lawyer, advised the VP doesn't have that unilateral authority. So, whether other advisors were contradicting Sekulow (I don't know and you don't either), to be a lie, Trump has to know it's untrue. That mean accepting the advice as true, but taking the opposite position. Again, I don't know that and neither do you. You harangue on things repeatedly that are demonstrably false; are you lying or just watching MSNBC
ALL the damned time?
I've done all I can do to help you. It's up to you to you, as you said, to prove "an intent to deceive" and not actually believing it to be true. Godspeed, Bowl.