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Two W.Va. Representatives sign brief supporting Texas challenge to election results

West Virginia Record

CHARLESTON – Two of West Virginia’s three U.S. representatives have signed a brief supporting a lawsuit challenging election results in four swing states.

Republicans Alex Mooney and Carol Miller signed the amicus brief in the U.S. Supreme Court case filed by Texas Attorney General Ken Paxton. West Virginia Attorney General Patrick Morrisey signed another amicus, or friend of the court, brief with other Republican AGs as well.

Mooney and Miller are two of the 106 House of Representatives members who signed the latest brief, which was filed December 10.

“As members of the federal legislature, these amici seek to protect the constitutional role of state legislatures in determining the manner by which states choose their electors.” “This brief amicus curiae presents the concern of amici as Members of Congress, shared by untold millions of their constituents, that the unconstitutional irregularities involved in the 2020 presidential election cast doubt upon its outcome and the integrity of the American system of elections,” the filing states. “On the merits, this amicus brief defends the constitutional authority of state legislatures as the only bodies duly authorized to establish the manner by which presidential electors are appointed, one of the central issues in the pending litigation.

The third West Virginia representative – Republican David McKinley – did not sign the brief.

On December 8, Mooney introduced a House resolution for consideration to count every legal vote and to investigate and punish election fraud in the 2020 Presidential election.

That resolution read, in part, that the House “supports efforts across the county to count every legal vote and to investigate and punish election fraud in the 2020 Presidential election, calls upon all members to support all electoral investigations until a fair and accurate count is verified  and encourages neither President Donald Trump nor former Vice President Joseph Biden to concede until all investigations of alleged fraud are completed.”

Talking to MetroNews’ “Talkline” host Hoppy Kercheval earlier this week, Mooney said there is evidence of voter fraud despite what U.S. Attorney General William Barr has said.

“If you don’t look and check, if you don’t open the door and check on it,” Mooney said. “You have to look. …

“This is a big deal. This is the president of the United States. Let’s just make sure the voters can trust the system. If we don’t have trust in the election results, we have a bigger problem.”

Last month, U.S. Senator Shelley Moore Capito (R-W.Va.) said she would respect the certified results of the election and believed Biden’s transition team should begin receiving appropriate briefings such as those related to national security.

“President Trump has challenged the election results in several states,” Capito said. “While some irregularities and fraud have been found and should be punished, there is no indication that these are widespread enough to call into question the outcome of the election. I firmly believe in our electoral system and in the power of the voice of the people.


“I have been clear that President Trump — like any candidate for office — has the right to request recounts and to raise legal claims before our courts. However, at some point, the 2020 election must end.

“I will respect the certified results and will congratulate our nation’s new leaders, regardless of the policy differences I might have with them. As with any administration, I will look for common ground in the best interest of our state and our country.”

Also on December 9, West Virginia Secretary of State Mac Warner told Kercheval he supports Morrisey’s decision to join the AG amicus brief calsohallenging election results.

“Were the electors elected in those states properly?” Warner told Kercheval. “There’s enough issues to raise that to the Supreme Court.”

Paxton filed the lawsuit December 9 asking the U.S. Supreme Court to stop the electoral college from finalizing Joe Biden’s victory in the presidential race. Paxton alleges the four states – Georgia, Michigan, Pennsylvania and Wisconsin – exploited the COVID-19 pandemic to justify ignoring federal and state election laws and unlawfully enacted last-minute changes, skewing the results of the 2020 General Election.

“Many Americans and West Virginians have seen their confidence in the electoral system undermined as they watch one report after another outlining the many, many problems with the 2020 elections,” Morrisey said in a December 9 statement. That must change.

“Today, I am announcing my support of Texas’ request before the U.S. Supreme Court to consider the many irregular, highly problematic and unconstitutional actions that have occurred in the states during the 2020 elections. We are joining a brief with a number of my colleagues, which will be filed at the U.S. Supreme Court this afternoon.

“America and West Virginia deserve to get to the bottom of these really troubling issues. I urge the U.S. Supreme Court to carefully consider Texas’ and the states’ requests.”

Warner, a Republican, also took part in a March For Trump bus rally December 9 in Charleston, appearing in a Right Side Broadcasting Network interview. During the broadcast, Warner can be seen holding a “Stop The Steal” sign.

“It’s so important to keep him (Trump) in office,” Warner said during his Right Side interview in which he also discussed ballot fraud allegations. “When cardboard is put over windows, when two cases of ballots come out, when ballots are pre-marked or don’t have folds on it — there’s all those things. Those are red flags that need to be looked at and not just discounted, and that’s what the mainstream media wants us to do.”

Warner also told the network he hopes the Supreme Court will rule that there have been issues.

“That’s what we’re hoping the Supreme Court will come to the conclusion there are too many problems,” he said. “We don’t have time for criminal cases to occur if we do the investigation so the only proper remedy for this for it to occur before January 20 is to throw it back to the states, which is what needs to happen.”

The states that joined the lawsuit by filing an amicus brief are Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah and West Virginia.