Christmas gifts from the VP

CodeMonkeyZ reports that President Trump is giving the 7 States in contention one more chance to clean up their fraud and get their State in order.

Dec 24: Pence is expected to tell state legislatures with dueling electors to immediately address the contention in their states to a resolution. States may: split electors, certify contested electors, conduct forensic studies, etc.

Jan 6: Not resolved? Throw out their electors.

And if a State doesn’t like it, then it can go complain to the Supreme Court. Where it doesn’t have standing anymore. 


A first time for everything

 From Twitter:

BREAKING: Both Biden and @realDonaldTrump sent enough electors to give them both 270+ electoral votes. This is the first time since 1887 this has happened. The election will be settled by the Electoral Count Act of 1887. #DuelingElectors

Trust the plans…. 


No, he’s really not

The Fake News doubles-down again on its false narrative about the fake president-elect:

BREAKING NEWS: Joe Biden IS president-elect as California puts him over the 270 mark – and he will address the nation saying ‘it is time to turn the page’ despite Donald Trump STILL not admitting he lost.

Meanwhile, there are now dual sets of electors for PA, GA, MI, WI, AZ, NV, and NM. The media isn’t covering this, for the most part, and they wouldn’t know how to cover it, what it means, or how it plays out even if they did. But this should assure you that the President has matters well in hand, and that everything is playing out according to his plan.

On a not-necessarily-unrelated note, Bill Barr has resigned as the Attorney General, effective December 23, 2020.

I told you there would be a surprise today, didn’t I? You may recall that just this very situation was addressed yesterday over at the Tree of Woe.

There is a very strong Constitutional theory that the power to open and count the votes of the presidential electors is vested exclusively in the President of the Senate. The President of the Senate is actually the Vice President of the United States – Trump’s running mate, Mike Pence. 

Therefore, if this theory is true, Mike Pence can simply open the Republican certificates and toss the Democrat certificates into the trash. The Democrats could howl and shout and gnash their teeth, but they cannot count votes that Pence doesn’t open.

I have laid out the legal arguments and historical precedent for Pence’s power in my earlier article, so I wont repeat them here. Suffice to say, if opening and counting the votes of the presidential electors is like playing white box D&D, then Mike Pence is the designated dungeonmaster. And nobody gets to argue with the DM.

Don’t forget, the outcome has already been assured by no less than Gen. Michael Flynn himself.

First of all, there’s a whole number of paths that the president has, and like I say, asked on a scale of one to 10 who’ll be the next president, I’d say 10, Donald Trump! I will tell you one more time—because I’ve been asked—on a scale of one to 10, who will be the next president of the United States, and I say Donald Trump. Ten. A 10.

It’s hard to be any more clear than that. The dual electors are just one of the less painful paths to cutting through the fraud. It’s interesting to see that only one governor, the idiot in Michigan, attempted to obstruct this one.


Expect a surprise tomorrow

Don’t be surprised if the count of state electors don’t quite go how the media is telling everyone to expect. Alex Macris explains that the process is considerably messier, and far more flexible, than the vast majority of people understand.

In America, presidential electors get their votes counted even when they…

  • didn’t even send a certificate of the vote! (GA in 1800)
  • represented territories that weren’t even states! (IN in 1817, MO in 1821, MI in 1837)
  • weren’t certified as properly appointed by their state governor! (TX and MS in 1873)
  • didn’t cast their votes on the prescribed day! (WI in 1857)
  • didn’t certify that they voted by ballot! (MS in 1873)
  • were officers of the federal government (CN, NH, and NC in 1837)
  • were replacements for missing electors arbitrarily appointed by the remaining electors without even a majority vote! (TX in 1873)
  • didn’t follow the requirement to vote for one person not resident of their own state! (GA in 1873)

So, with that history of hijinks laid out, let’s imagine a hypothetical.

Imagine that Georgia’s 16 Republican presidential electors decide to gather in Atlanta on December 14th to cast their vote for Trump. However, only half show up, the others backing out due to concerns of safety or refusal to act against the popular vote. The remaining 8 electors just pick 8 more trusty Trump Republicans to replace the missing electors (as happened in Texas in 1873). That takes an extra day, so they end up voting one day late (as happened in Wisconsin in 1857). They don’t have a certificate from their state governor, so they send their vote without it (as happened in Texas and Mississippi in 1873). And off it goes to the President of the Senate.

Let’s assume this happens in some other states, too, such that it’s enough to change the outcome of the election if these votes are counted.

Now what? History, as we have shown, has a clear answer: Ten out of ten times, when electors broke the rules, the votes were still counted no matter how irregular they were. Always, every time. The rules didn’t matter.

It’s long, but definitely read the whole thing. As for tomorrow, well, I think tomorrow is going to be very entertaining.


So that didn’t age well

A legal expert explains why the Texas lawsuit is preposterous and it is unlikely the Supreme Court will take on the case:

On Tuesday, Texas Attorney General Ken Paxton filed a lawsuit in the U.S. Supreme Court against four battleground states, alleging they made unconstitutional changes to their voting laws before the 2020 election.

Paxton claims that had Pennsylvania, Georgia, Michigan and Wisconsin kept their voting laws the same – not expanding voting by mail, for example, because of the pandemic – President Donald Trump would have won reelection.

Steve Vladeck, the Charles Alan Wright Chair in Federal Courts at the University of Texas at Austin School of Law, told Texas Standard that Paxton’s suit is “preposterous” and unlikely to be heard by the Supreme Court – the only court that has jurisdiction in this case because it’s one state suing another.

“I think what this really is is an effort to try to force the Supreme Court’s hand. You know, we’ve heard about these cases going on in each of the states … and I think this is the attorney general trying to jump the queue and basically say, hey, Supreme Court, it’s now or never; you’ve got to resolve this election,” Vladeck said.

There’s a couple reasons the court likely won’t take on Paxton’s case. One is that it’s never been done before – the Supreme Court has never taken on a case between states that seeks to alter the outcome of an election. Also, similar lawsuits are already working their way through state courts, and that’s where the Supreme Court usually prefers such cases be resolved, Vladeck says. Even though the high court has so-called original jurisdiction in this case, it usually stays out of cases that haven’t worked their way through lower courts first.

“The court doesn’t like its original jurisdiction because it asks the court to function as a trial court; it’s used to functioning as an appellate court,” Vladeck said. “And so the court’s M.O., even in high-profile cases, even in politically sensitive cases, is if the issues are being addressed through cases in other courts involving other parties, the court will stay out of the original cases like this.”

And this is prima facie evidence why you should never take seriously anything a so-called legal expert says that is reported by the media, given that only a few hours later, the Supreme Court accepted the case and ordered the defendants to reply.

The United States Supreme Court on Tuesday evening, December 8 ordered Pennsylvania, Michigan, Wisconsin and Georgia to reply to a lawsuit filed this week by Attorney General of Texas Ken Paxton.

Louisiana, Arkansas, Alabama, Florida, Kentucky, Mississippi, South Carolina, South Dakota and Missouri have all joined Texas as co-plaintiffs. But don’t worry, fraudsters! Another legal expert claims that there is no possible way that the States have standing.

Paul Smith, a professor and election law expert at Georgetown University’s law school, told Reuters that there is “no possible way the state of Texas has standing to complain about how other states counted the votes and how they are about to cast their electoral votes.”

Remember, these people don’t speak the truth. They’re just sorcerers casting spells, hoping to invoke their desired reality by speaking it into being.


The election is moot!

 Or, at least it appears to be if anyone gets around to citing Foster before the Supreme Court.

“When the federal statutes speak of ‘the election’… they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder… By establishing a particular day as ‘the day’ on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say.”  Foster v. Love, 522 U.S. 67, 71-72 (1997)

We will take a closer at this binding precedent below, but in preview, please understand that it emanates from a 9-0 decision of the United States Supreme Court, wherein the entire Court joined, not just the outcome, but also the opinion on this very point.

The voters vote.  The officials count.  These combined actions form “the election,” and the election must be decided on the day.  States that failed to make a final selection of officeholder by midnight after Election Day have violated the statute, subjecting the nation at large to the very evils Congressionally mandated deadlines were drafted to prevent….

3 U.S.C. § 2 kicks the decision back to the State Legislatures after a failed election renders the previous results void.  Failed elections nullify all votes, not just some votes, not just late votes, not just illegal votes.  The election itself is void in late States. 

Which States are late?  The answer will be a question of first impression for the Supreme Court.  But the only fair answer is obvious.  If, at midnight, one candidate had enough of a lead, so that there was no mathematical possibility whatsoever of their being caught – after a review of the votes already counted, and the votes remaining – then the final selection has been made on time.  But if the outcome was uncertain at Midnight, the State violated the deadline, and its election is void….

As to Representative and Senate races, the statutes mandate subsequent elections, but as to presidential electors, 3 U.S.C. § 2 provides a deadline extension to the State Legislatures alone to determine – “in such manner as the legislature of such State may direct” – which electors shall be appointed.  This statute simply reiterates the plenary authority in the United States Constitution.

We should find out soon what the State Legislatures will do, because the United States Supreme Court is about to nullify the results of this election in every State that failed to report a clear winner before November 4th.

It seems a little hard to credit, to be sure, but the logic and the Supreme Court citation appear to be sound. And remember, ignorance of the law is no excuse, not even for District Court judges and State legislatures.


“A lot of big things”

President Trump answers a journalist:

Journalist: A week from now the electors will meet to cast their vote. There’s not a lot of time between now and then to make your case. Are you looking to change the outcome of the election or make the case to the American people that it wasn’t fair?

President Trump: If you look at the polls, it was a rigged election. You look at the different states, the election was totally rigged. It’s a disgrace to our country, it’s like a Third World country, and these ballots pouring in from everywhere and using machinery nobody knows, ownership nobody knows anything about, they have glitches, as they call them, glitches that are not glitches, they’re caught sending out thousands of votes, all against me, by the way. This was like from a Third World nation and now we find out what we can do about it. But you’ll see a lot of big things happening over the next couple of days.

Stay cool, stand back, and stand by. Meanwhile, the salient point sails high over CNN’s collective head.

There is a sense developing within Donald Trump’s legal team and what remains of his campaign staff that their efforts to overturn or delay the results of the election are coming to an end, multiple sources tell CNN, despite what the President has said publicly.

Translation: the courts had their chance. Sure, it’s always possible that we have it wrong. On the other hand, it’s going to be very easy to explain how no one saw it coming.


MI tries to bury the election data

It’s almost certainly a futile attempt to bolt the stable door after the horses get out, but the Michigan Secretary of State’s order to delete the election data amounts to a confession of fraud:

It what can only be seen as an effort to keep the facts from coming to light in the face of problematic issues with Michigan’s 2020 General Election process, a memo has been issued from Michigan’s Secretary of State to destroy data.
The Michigan State Republican Party Friday sounded an alarm about an ethically questionable memo authorized by Michigan Secretary of State Jocelyn Benson that “is pushing for the mass deletion of election data.”
Michigan Republican Party Chairman Laura Cox in a statement Friday, said that Benson’s office issued orders to clerks in Michigan counties to “delete Electronic Poll Book software and associated files” even as calls to audit the election persist.
Cox was referring to a December 1, 2020, memo from the Michigan Bureau of Elections, an agency overseen by Benson’s office, that read, “[Electronic Poll Book] software and associated files must be deleted from all devices by the seventh calendar day following the final canvass and certification of the election (November 30, 2020) unless a petition for recount has been filed and the recount has not been completed, a post-election audit is planned but has not yet been completed, or the deletion of the data has been stayed by an order of the court or the Secretary of State.”
The order targeted data contained in Electronic Poll Book software and in files contained on laptops and USB drives using during the election.

In my opinion, the President should make it very clear to all state legislators of both parties that they will be held personally responsible for their dereliction of duty in the face of the evidence of obvious election fraud that has been presented to them. They all know about the fraud now, but some people only respond to rhetoric, and the rhetoric to which cowards are most responsive is the fear of consequences.

He should also make it very clear to them that he is going to cross the Rubicon if they fail to do their duty to the U.S. Constitution, and that they will no more be able to hide behind their state oaths of office or their state constitutions than Axis officers were permitted to hide behind their orders at Nuremberg.

Too late:

A security group that’s questioned Michigan’s presidential results and is listed in at least one of the lawsuits challenging Michigan’s election results is reviewing tabulators and other election materials in Antrim County. 

Allied Securities Operation Group and Village of Central Lake resident William Bailey will take forensic images of the county’s 22 tabulators and review other election related material Sunday following a Friday court order allowing for the review. 

Antrim County Administrator Pete Garwood and county Clerk Sheryl Guy will be in attendance, according to a statement from the county. 

“The imaging is expected to take hours, no timeline has been given for the forensic team’s investigation and results,” the statement said. 


It’s getting ugly in Georgia

 Sure, it could be a coincidence. But, as we know, there are no coincidences.

A campaign team member for Sen. Kelly Loeffler was killed in a crash on Interstate 16 in Pooler on Friday.

The Pooler Police Department confirmed that Harrison Deal, who was from Bulloch County, was killed in the crash on eastbound I-16 near Pooler Parkway on Friday at about 10 a.m. Pooler Police responded to the scene and found three vehicles on fire.

Deal was killed in the crash. Three other people were treated at the scene for minor injuries.

Harrison Deal was dating Georgia Governor Kemp’s daughter Lucy and was a student at the University of Georgia. He was a field rep for Sen. Loeffler, and had interned for Sen. David Perdue in 2019.

It appears someone really, really does not want to see the Georgia vote audited. But the threats don’t appear to be working everywhere.

Letter from over 76 members of the PA legislature asking Congress to reject PA’s electors.  The focus is on multiple violations of Article II, Sec. 1, Cl. 2 by the Democrat Governor and Democrat Secretary of State.

It’s a good start, although I tend to doubt the Democratic House is going to be receptive. If I were the God-Emperor, I would not rely upon either the courts or the legislatures to do the right thing. This is a burden that falls to him, and to him alone. 

What those who are being threatened would do well to consider is this: if you are frightened of them when they are not ruling openly, imagine how much worse things it will be if they are permitted to do so. And remember Matthew 10:28.

Do not be afraid of those who kill the body but cannot kill the soul. Rather, be afraid of the One who can destroy both soul and body in hell.


Fulton County doubles down

 It’s a bold move, Cotton. Wonder how that’s going to work out for them?

The Fulton County Board of Elections just recertified its results in the presidential election after the recount despite the CCTV video footage that was presented at the hearing in front of the Georgia state legislature yesterday.

At this point, they’re just openly daring the God-Emperor to cross the Rubicon. And frankly, given the size and scope of the corruption, I think that’s the optimal option now.

To quote the great man himself, “what is the Supreme Court?”