1/ I want to briefly tease out Cruz's statement, which will help set expectations about what might happen January 6:
2/ At its heart, the presser states, "we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given' and ‘lawfully certified' (the statutory requisite), unless & until that emergency 10-day audit is completed."
3/ How does a10-day emergency audit happen? Congress would need to enact a statute to amend the Electoral Count Act before January 6, when it's compelled by law to meet. That seems unlikely.
4/ Cruz et al. seem to hold a "thick" view of the Electoral Count Act, adhering to the "statutory requisite," which means that Congress would need to amend or adhere to the statute.
5/ A 10-day audit is impossible under the current statute. Objections to a state are limited to 2 hours' debate. Adjournments are fixed in the statute, too--no recess if you've hit five days: