Fire­brand and free­dom fight­er Boris Epshteyn, a Trump 2020 advis­er, is work­ing over­time through the hol­i­days to legal­ly prove elec­tion fraud and right­ful­ly over­turn the results, name­ly, in Arizona.

Epshteyn, a reg­u­lar guest on Steve Ban­non’s “War Room,” said dur­ing his lat­est appear­ance on the num­ber one polit­i­cal pod­cast in the coun­try, that Vice Pres­i­dent Mike Pence may reject the slate of elec­tors he finds fraud­u­lent dur­ing a joint ses­sion of Con­gress on Jan­u­ary 6.

Boris was respond­ing to a ques­tion about how Pres­i­dent Trump can still prevail.

“So when the time comes on Jan­u­ary 6…” the Vice Pres­i­dent can count the “cor­rect electors…the elec­tors based on the most legal votes,” Epshteyn said on Steve Bannon’s “War Room” pod­cast. “Let not for­get that a week ago today, the Trump elec­tors were sent to Congress…along with the Biden elec­tors,” he con­tin­ued. Epshteyn lat­er said the Trump team is pre­pared to fight well past Jan­u­ary 6 if Con­gress can­not cer­ti­fy a winner.

This is sig­nif­i­cant since Vice Pres­i­dent Mike Pence is tasked with read­ing each states’ elec­tors into the offi­cial record dur­ing the Joint Ses­sion of Con­gress on Jan­u­ary 6.

Some legal schol­ars have argued that where there are dis­putes over elec­tors, the vice pres­i­dent has the legal author­i­ty to read into the record only that slate of elec­tors which he believes is correct.

There’s dis­crep­an­cy between legal schol­ars who say the vice pres­i­dent has no such pow­er and may only read the slate of elec­tors trans­mit­ted to the Con­gress by state offi­cials. The answer to who wields this pow­er or not falls with­in the open ques­tion of law that must be decid­ed by the Supreme Court of the Unit­ed States.

SCOTUS has nev­er ruled on this issue in his­to­ry. How­ev­er, if Pence rejects some of Joe Biden’s elec­tors, this could be the first time in his­to­ry the high­est court in the nation resolves this question.