U.S. Sen. John Cornyn, R-Texas, announced Tuesday that he isn't planning to object to the certification of the Electoral College vote in Congress, splitting with a growing number of GOP colleagues that most notably includes the state’s junior senator, Ted Cruz.
In a lengthy letter to Texans, Cornyn noted that he has supported President Donald Trump’s right to challenge election results in the courts but that Trump's lawsuits have gone nowhere, and recounts in multiple states have also failed to change the outcome. Trump has continued to push baseless claims of widespread fraud in the election, including at a campaign rally Monday night in Georgia.
"As a former judge, I view this process with the same impartial, evidence-based decision-making as I did my job on the bench,” wrote Cornyn, a former justice on the Texas Supreme Court. “So, unless substantial, new evidence is presented during the challenges to each state’s ballots, I will not object to the certification of that stave’s election results based on unproven allegations.”
"Allegations alone will not suffice," Cornyn said earlier in the letter. "Evidence is required."
Cornyn’s position is not much of a surprise based on comments he has made in recent weeks expressing increasing skepticism about Trump’s chances of overturning his loss to the president-elect, Joe Biden. But the letter marks Cornyn’s most extensive explanation of his position yet, and it comes as Texas’ other senator digs in on his plan, along with 10 other GOP senators, to object to the Wednesday certification of Biden's win unless they can secure an "emergency audit" of the November results.
A source familiar with Cruz's plans, but who was unauthorized to speak on the record, said that Cruz intends to specifically object to the certification of electors from Arizona. The news was first reported Tuesday by the Washington Post. Cruz told conservative radio host Mark Levin on Monday night that he did not want to "set aside the election ... but rather to press for the appointment of an electoral commission."
In his letter, Cornyn made clear he was not a fan of Cruz's audit proposal, which Cruz has said can be done in the 10 days before the inauguration. Cornyn suggested he too supports a review of election issues but something less hasty and more deliberate, such as an "independent commission" in the vein of the Commission on Federal Election Reform. That was a private bipartisan panel that looked into problems with the 2000 and 2004 elections.
"As to timing and practicality of an emergency audit, I am much more dubious," Cornyn said. "The design of the proposed commission to conduct such an 'audit' will inevitably fail."
Cornyn and Cruz are in very different positions politically. Cornyn is coming off a reelection victory in November that secured him another six-year term in the Senate, while Cruz has an eye toward 2024, when any presidential contender will likely need to stay in the good graces of Trump and his supporters.
Trump dinged Cornyn on Tuesday afternoon, tagging him in a tweet that told the "weak and ineffective RINO section of the Republican Party" to heed his supporters' wishes for an election reversal. (RINO stands for "Republican In Name Only.") Trump also tagged two other senior Senate Republicans: Majority Leader Mitch McConnell and Majority Whip John Thune, who previously incurred Trump's wrath for dismissing some House Republicans' intentions to dispute the Electoral College outcome.
Nearly half of the 23 Texas Republicans in the House have promised to object to the certification. At least four announced their intentions Tuesday: Reps. Jodey Arrington of Lubbock, John Carter of Round Rock, Troy Nehls and Ron Wright of Arlington.
Carter, Nehls and Wright all represent districts that national Democrats targeted in November, though each won their races by comfortable margins. Nehls was sworn in to Congress on Sunday after winning the hard-fought fall election to replace former U.S. Rep. Pete Olson, R-Sugar Land, who did not seek another term.
"You sent me to Congress to fight for President Trump and election integrity and that's exactly what I'm doing," Nehls wrote on Facebook.
The other Texas Republicans in the House who have said they will object to the certification are Reps. Louie Gohmert of Tyler, Lance Gooden of Terrell, August Pfluger of San Angelo, Randy Weber of Friendswood, Pete Sessions of Waco, Brian Babin of Woodville and Ronny Jackson, the former Trump White House doctor who represents the Panhandle.