A deep dive into electoral litigation

 Alex Macris contemplates how election fraud might be litigated with A Deep Dive into Donohue v. Board of Elections of State of New York:

Let’s summarize what we’ve learned:

  • The Federal Courts do have jurisdiction to resolve claims of state and city ballot fraud that causes ballot dilution, even in Presidential elections.
  • The Federal Courts can order a new election if necessary to address fraud, even in Presidential elections
  • The Trump campaign will need to prove (a) specific acts of misconduct (b) involving willful or knowing ballot fraud (c) by state officials or private persons acting with state officials (d) that changed the outcome of the election.
  • The Trump campaign can use expert testimony and statistical evidence to prove its case, but it needs some direct evidence too. (Remember that in a court of law, eyewitness testimony is considered direct evidence.)

Does the Trump team have the facts on its side to meet (a)-(d)? I don’t know. No one does yet. We’ll find out tomorrow when we see what his legal team files. It’s going to be one hell of a week.

But don’t take his conclusions at face value. Read the whole thing there and see if you agree with his legal reasoning in this regard. And if you disagree, take it up with him…. 


1600 and counting

You’ve seen what’s happening at YouTube. You’ve seen BitChute get taken down. As of this morning, UATV now features 1,600 videos and 1,653 hours of original audio/video entertainment and education on its own entirely independent platform. We’re also in the process of adding a new set of servers and increasing our maximum bandwidth by 400 percent. If you haven’t subscribed yet, what is stopping you? We’re only 500 subscribers away from an important milestone, so perhaps consider giving a subscription to someone for Christmas and help us hit our goal by the new year.

In other development news, the first three volumes of the Junior Classics will be shipping before Christmas, most likely this month. We’d hoped to get them out in October, but that didn’t work out. We will send out the digital versions of those three volumes at the same time the hardcovers ship, but not the leather versions. The leather will ship as a 10-volume set when all ten volumes are ready next year. At the same time they are shipped to the campaign backers, the first three volumes will be made available for sale through our usual book-selling channels.

I also would be remiss if I failed to mention that Razorfist’s new book, The Long Moonlight, is now available in paperback and hardcover at Amazon, and in audiobook+ at Arkhaven. Ignore the out-of-print message on the paperback, as that merely indicates that the title was in revision at the printers. And for Castalia subscribers, the November book will be Corrosion by Johan Kalsi.

On the comics front, we are holding off on sending out new publications until our new platform is ready for release, at which point we plan to drop a near-tsunami of content on everyone. The reason we are doing so will become obvious in retrospect, but rest assured that production continues apace. In not-unrelated news, we recently acquired the arkhaven.com domain. And finally, Rebel’s Run is going well, the script is complete, the core production team is in place, and we even have a possible candidate for Rebel.


Don’t get too excited

Take an anonymous email for what it is worth, which is to say, precisely nothing. But in the interests of sharing what may, or may not, be happening at levels well above our cognizance or the mainstream media coverage, I am providing an excerpt of an email that I received from a European reader today.

I am not claiming to have truly inside information, only nearness to certain banking, business, and diplomatic circles. I also do not claim to share your political views entirely, but I am sympathetic and a long-time reader, and this can at this point be published hardly anywhere else.

In short, Trump outplayed the left, on a global scale: he absolutely will become President and there will be an unprecedented exposure of corruption throughout the US, EU, and Russia, and a massive wipeout procedure of it all – along with a reset of national debt, which amounts to wiping out the most criminal banks, institutions, and political parties across the world.

The key to this is what’s happening in Europe at this very moment: As of yesterday, all borders on the continent have been sealed; militaries are engaged for “contact tracing” in England, France, Germany, Austria, and Switzerland; a friend of mine with both Swiss and EU passports is now stranded in Berlin because they are not even allowing departures from EU nations. Hotels have been ordered “not to take new reservations” until November 30. (Note: not “to close.”) There are massive, spooky-as-hell, fully empty “apartment complexes” (i.e. prison complexes – literal bars over the windows) already built in remote places in Europe. But these are not for normal people: they are housing built by and for the elements of corruption in Europe, at least, that will be exposed. I expect something similar to follow in America.

The Great Reset is underway but not quite, or not entirely, what Archbishop Vigano thought it was in the open letter posted by Q on October 30.

Now, the two things I can confirm or deny is one, that it is still possible to make reservations at hotels in Milano and Paris through online booking sites. However, I don’t think the reader was referring to ALL hotels, but rather certain specific hotels, so that’s probably not a reasonable metric. And two, the European militaries are engaged in contact tracing and absolutely no one is out and about. I went out to visit a friend last night and despite it being Saturday night, it was like Night of the Comet even in a city downtown. There was literally no one on the road.

While I am optimistic that President Trump will serve a second term, this sounds far too much like the groundless NESARA nonsense that has been floating around conspiracy circles since the Reagan administration. But, at this point, given the incessant drumbeat of DESPAIR-DESPAIR-DESPAIR being pounded home by the media, a little hope is not a bad thing. So, let’s hope that this anonymous reader is absolutely correct about what the next month has in store for us.

UPDATE: more observations from Europe

While looking at flights to Krakow over a period of time, one day I noticed Ryanair cancelled the rest of its flights to Krakow for November and maybe even December if memory serves correctly. There was only one week of flights left uncancelled, so I took the last flight out yesterday.

While I was at BCN, I looked at the departures board. There were only 3 flights for the next 4 hours at the terminal I was at. The entire terminal was a ghost town and I’m not sure if it looked incredibly dark because most of the ceiling lights were turned off or because the light from almost all the closed shops was now gone.

I can also confirm that flights scheduled for the end of November are being cancelled on the continent and in the UK. That doesn’t mean anything, in and of itself, but it is consistent with the reader’s predictions.


About that “President-Elect” thing

 

Some have been complaining that there is “no evidence of voter fraud”. Here is evidence of voter fraud, as if any more was required. Of course, it is probably too much to expect the average Biden voter to understand the significance of statistical evidence. 
And then there is the question of top-ticket-only voting, which was at off-the-charts levels in 2020. Many, if not most, will prove to be illegal ballots.
  • PA: 98,000
  • GA: 80-90,000
  • AZ: 42,000
  • MI: 69- 115,000
  • WI: 62,836
Also, “President Donald Trump has broken former President Barack Obama’s 2008 popular vote record by over 500,000 votes, putting him ahead of any of his predecessors.” Fake votes don’t count, no matter what the Fake News is pushing.

The USA is in serious trouble

If Caesar doesn’t cross the Rubicon:

Joe Biden ended up making a gaffe during the most important speech of his life on Saturday night as he misspoke over the numbers of people who have died from the coronavirus in the United States.

The 77-year-old took to the stage for his first speech as president-elect, and was full swing as he gave his election victory speech to hundreds of supporters in Wilmington, Delaware. But he slipped up over his words when quoting crucial figures about the COVID-19 death toll.

After reciting a hymn, he said: ‘I hope it can provide some comfort and solace to the more than 230-million-thousand families who have lost a loved one to this terrible virus this year.’

Aye caramba….  On the plus side, Creepy Joe appears to have at least some idea of what office the Fake News is telling him he is supposed to have won.

Remember, it’s not over until someone is sworn in, and President Trump hasn’t yet even begun to fight. And as he correctly reminds us, “legal counts decide the election not the news media.”


Fake News proclaims Fake President

 They really, really, really want you to believe it’s over:

Joe Biden was named the next president of the United States at 11.25 a.m. Saturday morning by television networks and the Associated Press – as Donald Trump played golf. CNN, NBC, ABC, CBS, the AP and USA Today all made the call. Fox News did not immediately follow suit. Votes in Philadelphia pushed his margin in must-win Pennsylvania over the edge. That took him to 273 electoral votes – putting the 77-year-old on a clear path to the White House. 

Kamala Harris, his running mate becomes the first female vice president, and the first black and Asian-American vice president. The call ended a rollercoaster which began on Tuesday when polls closed, and now turns the spotlight on Donald Trump and how he will react. Biden should now be sworn in on January 20 as the 46th President of the United States – barring an extraordinary legal upset caused by one of the blizzard of lawsuits Trump has threatened, but which so far have failed to generate legal traction. 

The apparent president-elect is now preparing to address the nation tonight but there was no obvious sign that Trump will offer a concession speech or public appearance of his own. 

But it isn’t over. The media can proclaim it all they want. But Joe Biden is not President of the United States of America until he is sworn into office, and he should not be unless and until it can be proven, beyond any shadow of reasonable doubt, that his election was legitimate.

The Deep State has made its play. The ball is now in President Trump’s court. Pray that he chooses wisely and well.

UPDATE: The President is not the only player on the board. It appears the Supreme Court is gearing up for action:

All county boards of election are hereby ordered, pending further order of the Court, to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept “in a secure, safe and sealed container separate from other voted ballots,” and (2) that all such ballots, if counted, be counted separately.

Until today, this Court was not informed that the guidance issued on October 28, which had an important bearing on the question whether to order special treatment of the ballots in question, had been modified. The application received today also informs the Court that neither the applicant nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them. I am immediately referring this application to the Conference and direct that any response be filed as soon as possible but in any event no later than 2 p.m. tomorrow, November 7, 2020.

UPDATE: The President addresses the media statements.

“We all know why Joe Biden is rushing to falsely pose as the winner, and why his media allies are trying so hard to help him: they don’t want the truth to be exposed. The simple fact is this election is far from over. Joe Biden has not been certified as the winner of any states, let alone any of the highly contested states headed for mandatory recounts, or states where our campaign has valid and legitimate legal challenges that could determine the ultimate victor. In Pennsylvania, for example, our legal observers were not permitted meaningful access to watch the counting process.  Legal votes decide who is president, not the news media.

“Beginning Monday, our campaign will start prosecuting our case in court to ensure election laws are fully upheld and the rightful winner is seated. The American People are entitled to an honest election: that means counting all legal ballots, and not counting any illegal ballots. This is the only way to ensure the public has full confidence in our election. It remains shocking that the Biden campaign refuses to agree with this basic principle and wants ballots counted even if they are fraudulent, manufactured, or cast by ineligible or deceased voters. Only a party engaged in wrongdoing would unlawfully keep observers out of the count room – and then fight in court to block their access.  

“So what is Biden hiding? I will not rest until the American People have the honest vote count they deserve and that Democracy demands.” 

UPDATE: Illinois governor Pritzker has gone into quarantine “due to Covid”. What an interesting time to go into hiding….


The foolishness of neutrality

 A reader emails to admit that his past belief in political neutrality was incorrect:

I pray your readers can get some benefit from how wrong I was about being politically neutral. 

See, I was always taught to keep politics out of business conversation and to keep a reasonable face on. So for 20 years, I assumed if the day came when we had to take a stand, friends and family would view us as just that… the ones who would speak out politically only if it was absolutely necessary. Something like the voice of reason.

Then the pandemic happened, and now the election. With these, my eyes have been opened.

When we express an ounce of skepticism, about anything… BLM, Covid, voting, media, global corps… we’ve been immediately denounced as ring-wing Nazis. I wish I could say I was joking or exaggerating. This is true of friends we’ve had for decades. In some cases, they’ve flipped on us in seconds. It’s obvious these people are so beside themselves, they’ll end up turning us in one day, if we let them.

For those of you who believe you can remain neutral, you’re fooling yourself. Whether you know it or not, you’ll always find a reason to excuse yourself from the fight. However, sooner or later you’ll have to stand, and don’t think they’re going to give you a pass for your past neutrality. You cannot reason with evil, and they do not care.

A quote from Machiavelli’s Discourses on Livy seems apt here.

It was therefore necessary, if Rome wished to remain free amid the corruption, that just as the city had created new laws in the course of its existence, it should also have created new institutions, because different institutions and ways of life must be established for a subject who is evil rather than good, nor can similar forms exist in completely different substances. But since all these institutions must either be reformed all in a single stroke as soon as it is discovered they are no longer good, or little by little before everyone recognizes they are bad, let me say that both of these two alternatives are almost impossible. 

The wish to reform them little by little requires a prudent man to come forward who sees this problem from some distance and in its initial stages. It is very likely that an individual of this type may never emerge in a city, and even if one were to emerge, he might not be able to persuade others of what he himself has come to understand, because men used to living in one way do not wish to change, and all the more so when they do not see the evil for themselves but must have it demonstrated to them through abstract arguments. 

As for changing these institutions all at once, when everyone realizes they are no longer good, let me say that this ineffectiveness, though easily recognized, is difficult to correct, because to do so ordinary practices are no longer sufficient, once ordinary methods have become wicked.

It’s been fascinating to see how much less radical and how much less insane I am presently perceived to be than I was 15 years ago. And yet, my observations and positions are virtually unchanged.


14th Amendment = The Rubicon

An archived Twitter thread, deleted by Twitter, that clearly illustrates the choice presently facing President Trump. From Infogalactic:

In 50 BC, the Senate, led by Pompey, ordered Caesar to disband his army and return to Rome because his term as governor had finished. Caesar thought he would be prosecuted if he entered Rome without the immunity enjoyed by a magistrate. Pompey accused Caesar of insubordination and treason. In January 49 BC, Caesar crossed the Rubicon river (the frontier boundary of Italy) with only one legion and ignited civil war. Upon crossing the Rubicon, Caesar, according to Plutarch and Suetonius, is supposed to have quoted the Athenian playwright Menander, in Greek, “the die is cast”. Erasmus, however, notes that the more accurate Latin translation of the Greek imperative mood would be “alea iacta esto”, let the die be cast. Pompey and many of the Senate fled to the south, having little confidence in his newly raised troops. Despite greatly outnumbering Caesar, who only had his Thirteenth Legion with him, Pompey did not intend to fight. 

It is now time for President Trump to metaphorically cross the Rubicon by invoking the Constitutional powers invested in him by the 14th Amendment. 

Biden and Pelosi are far less capable leaders than Gnaeus Pompeius Magnus, a brilliant military general who was celebrated in no less than three triumphs, and far less popular. The American people are with President Trump. The law is on his side. The Constitution is on his side. And justice is on his side. #CrossTheRubicon.

As I mentioned in last night’s Darkstream, this is the true test of Donald Trump. The question that only he can answer is if the man who wrote The Art of the Deal can master the arts of politics by other means.


The attack on Benford’s Law

Given that Wikipedia is already changing its tune on the reliability of Benford’s Law in detecting fraud, it’s obvious that those utilizing it to analyze the election results are right over the target. This Twitter thread shows how statistical analysis demonstrates that the excessively pro-Biden electoral counts are obviously fraudulent.

Which, of course, is why Infogalactic is a much better source of information on the subject:

Benford’s law, also called the first-digit law, is a phenomenological law about the frequency distribution of leading digits in many (but not all) real-life sets of numerical data. The law states that in many naturally occurring collections of numbers the small digits occur disproportionately often as leading significant digits. For example, in sets which obey the law the number 1 would appear as the most significant digit about 30{3aedcb51dac2fbb83a885d32b07950f3050377138d02430f831f0a3ede84357a} of the time, while larger digits would occur in that position less frequently: 9 would appear less than 5{3aedcb51dac2fbb83a885d32b07950f3050377138d02430f831f0a3ede84357a} of the time. If all digits were distributed uniformly, they would each occur about 11.1{3aedcb51dac2fbb83a885d32b07950f3050377138d02430f831f0a3ede84357a} of the time. Benford’s law also concerns the expected distribution for digits beyond the first, which approach a uniform distribution.

Accounting fraud detection

In 1972, Hal Varian suggested that the law could be used to detect possible fraud in lists of socio-economic data submitted in support of public planning decisions. Based on the plausible assumption that people who make up figures tend to distribute their digits fairly uniformly, a simple comparison of first-digit frequency distribution from the data with the expected distribution according to Benford’s Law ought to show up any anomalous results. Following this idea, Mark Nigrini showed that Benford’s Law could be used in forensic accounting and auditing as an indicator of accounting and expenses fraud. In practice, applications of Benford’s Law for fraud detection routinely use more than the first digit.

Legal status

In the United States, evidence based on Benford’s law has been admitted in criminal cases at the federal, state, and local levels.


Just a glitch

Never mind, that whole vote thing was just an unfortunate series of software glitches that all happened to randomly go the same way. Whatcha gonna do about it, hey?

Software used to tabulate votes cast in 47 Michigan counties erroneously gave 6,000 votes to Joe Biden in Anterim County, according to state GOP Chairwoman Laura Cox.

“In Antrim County, ballots were counted for Democrats that were meant for Republicans, causing a 6,000 vote swing against our candidates. The county clerk came forward and said ‘tabulating software glitched and caused a miscalculation of the vote.’ Since then, we have now discovered the 47 counties used the same software in the same capacity,” she said, adding “Antrim County had to hand count all of the ballots, and these counties that used the software need to closely examine their results for similar discrepancies.”

Of note, Trump won Antrim County in 2016 with 62{3aedcb51dac2fbb83a885d32b07950f3050377138d02430f831f0a3ede84357a} of the vote vs. 33{3aedcb51dac2fbb83a885d32b07950f3050377138d02430f831f0a3ede84357a} for Hillary Clinton.

It was an accident. A glitch. No need to send in the U.S. Marshals….