Key legal issues behind the Texas petition to Supreme Court re election issues

Link here.

The author reviews the petition, the logic behind it, and the legal possibilities. She also cogently reviews the worst examples of misbehavior in the four swing states, Wisconsin, Pennsylvania, Georgia, and Michigan, that justify Supreme Court action. If you are one of those people that refuses to recognize the illegalities in the handling of the election in those states, you should read this article to education yourself.

The key point however is this:

These injuries, Texas asserts, demand a remedy. But the remedy sought is not what some may surmise is the goal—a second term for President Trump.

No, what Texas seeks is for the Supreme Court to mandate that the defendant states comply with the Constitution, and that means that electors are selected by the states’ legislatures. Texas makes this point clear, stressing: “Plaintiff State does not ask this Court to decide who won the election; they only ask that the Court enjoin the clear violations of the Electors Clause of the Constitution.”

Texas is essentially demanding what I suggested several weeks ago: If election issues are not fixed, elected state Republicans must refuse to certify.

Texas is demanding that these four states put the decision to the legislatures, since their election counts cannot be trusted. While the arguments are sound, it remains to be seen whether the Supreme Court will listen.

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Update on audit of Dominion tabulators in Michigan county

Link here. Because of a lawsuit by a local citizen of Antrim County in Michigan, challenging the results of the vote count there, the court had granted that citizen access to the Dominion tabulator machines to obtain their data and do a full audit of the manner in which those machines counted the vote.

The article describes the effort to get that data, including the failed attempt by one local official to delay or block it. To protect the machines, citizens volunteered to stand guard for an entire weekend to make sure they were not tampered with before the lawyers and their software experts could access them.

The result?

After 8 hours, the collection was complete. With 16 CF cards (similar to SIM cards), 16 thumb drives, and forensic images of the Dominion voting machines in hand, the IT team was escorted to the local Antrim County Airport by two Antrim County Sheriff vehicles, where they boarded their jet plane with evidence in hand.

Two of the patriots followed attorney Matthew DePerno for at least half of his long drive home. Like many Americans, these patriots simply wanted to ensure the safety of a man who has risked so much to protect our right to free and fair elections.

Mr. DePerno expects to have the results of the study sometime tomorrow. He explained the forensic images of the thumb drives and the master computer would tell if machines were connected to the internet—and if they were, who were they communicating with? DePerno said the examination would be able to determine the algorithms used by the computer and will provide the number of ballots read through the machine compared to the actual number of paper ballots.

Every American should be demanding this be done with every computer tabulator nationwide, if only to reassure Americans that the vote was not faked by computer trickery.

That an unelected county official resisted such an audit however is very suspicious and indicates his incompetency. Regardless of how the audit comes out, this man, Peter Garwood, should be removed from office immediately. He does not appear to be properly representing the citizens. If he was, he would have gladly cooperated.

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About 300K excess deaths in 2020 based on untrustworthy CDC data

Two different analyses today took a closer look at the Johns Hopkins report last week that claimed there were no excess deaths in 2020, despite the COVID-19 epidemic.

Though I remain unconvinced that the Wuhan virus is the plague that the fear-mongers keep claiming, the first story makes a good argument, using CDC statistics, that there have been excess deaths in 2020, though this same analysis makes no claim as to the cause of those excess deaths. The conclusion:
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SpaceX’s Starlink constellation wins $885 million in federal subsidies

Capitalism in space: In awarding $9.2 billion in subsidies to providers of rural high-speed internet to rural customers, the FCC gave $885 million of this allocation to SpaceX’s Starlink constellation.

SpaceX was not the biggest beneficiary, however.

Most of the RDOF Phase I subsidies are going to terrestrial broadband service providers, led by LTD Broadband with an award of $1.32 billion. CCO Holdings, a subsidiary of Charter Communications, is due to serve 1.05 million sites around the country, leading the list for that metric.

The FCC said 85% of the 5.2 million sites to be served would get gigabit-speed broadband. SpaceX is due to serve nearly 643,000 sites with download speeds of 100 megabits per second or more.

Regardless of its good intentions, this distribution of federal cash sickens me. These companies don’t need it to do what they are doing, and are all sure to make plenty of profit without it. The federal government meanwhile is trillions in debt. It has to print money to give this away, something that is not going to go well in the long run.

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Newsom’s new lockdown in California triggered by totally normal numbers

The new lockdown edicts by California’s governor and petty dictator, Gavin Newsom, were triggered by numbers that are routine and have been for decades.

When California Governor Gavin Newsom set his 85% ICU capacity “trigger” to automatically start a new round of totalitarian lockdowns, he had zero doubt the number would be reached in December. How? Because that number is reached EVERY December. Knowing this, why wouldn’t he prepare by assisting hospitals across his state to increase ICU capacity?

…In any given year, most parts of California reach 90% ICU capacity in December. This is usually due to the surge in flu cases, but the flu is allegedly non-existent this year, replaced on paper by the more lucrative COVID-19 diagnoses preferred by hospitals. They knew it was coming, which is why they made moves separate from the state to increase ICU capacity.

In other words, the total number of cases in California’s hospitals is actually at this moment below, or at least completely normal. The only difference is that there are no flu cases. Instead, hospitals are claiming they are all COVID-19.

The lockdowns are there for only one purpose: To strike fear into the hearts of ordinary people, and to expand the power of the government, in complete violation of the entire Bill of Rights.

Welcome to fascist America.

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Audit of Dominion machine found it routinely shifted votes to Biden

UPDATE: More information here. This does appear legitimate, and now demands that every Dominion tabulator nationwide be tested with a microscope.

Original article:
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According to this Twitter thread today, officials in Ware County, Georgia, fed an equal number of votes for Trump and Biden into a Dominion tabulator, which then produced a 26% lead for Biden.

37 Trump votes used in the equal sample run had been “Switched” from Trump to Biden. In actual algorithmic terms this means that a vote for Trump was counted as 87% of a vote and a vote for Biden was counted as 113% of a vote.

Those conducting the test were so shocked that they ran the same ballots again. The same results appeared.

Caveats: This is a Twitter feed, whose claimed source is a Republican official from a different county in Georgia. Normally based on this I would not post, but the story is so shocking I thought it necessary. If true, then the elections in every state that used Dominion Machines is suspect. We will have to await confirmation however.

For those who wish to look the other way, please stop being so naive. If there is any truth to this, who cares how courts rule or states certify? The election was stolen, and a Biden presidency would begin as a lie. This story should get your blood boiling with a passionate desire to find out if it is true.

UPDATE: This Twitter feed includes some corroborating information, including a link to an independent story describing these results in the Georgia Star.

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“It’s a slap in my face!”

The fascist Democratic Party mayor of Los Angeles, Eric Garcetti, issued an edict last month shutting down all restaurants, including all outdoor dining. Yet, he allowed a movie company to set up its outdoor catering services that offer the same service, in the parking lot in front of the shuttered restaurant, about-to-become bankrupt because of his edict.

But according to Angela Marsden, owner of Pineapple Hill Saloon & Grill in Sherman Oaks, local officials permitted a TV production to skirt the rules. Shockingly, the Hollywood crew had set up outdoor eating areas just feet from Marsden’s restaurant.

In her blistering rant, Marsden blasted Garcetti and Newsom for prioritizing Hollywood over small businesses like hers. “So this is my place, the Pineapple Hill Grill & Saloon. If you go to my page you can see all the work I did for outdoor dining, for tables being seven feet apart,” Marsden said. “And I come in today because I’m organizing a protest and I came in to get stuff for that.”

“And I walk into my parking lot — and obviously Mayor Garcetti has approved … this,” she continued, pointing to the production setup, including tables for outdoor dining to be used by the production crew, “has approved this being set up for…this being set up for…for a movie company.”

You must watch her video here. As she says in tears, pointing at her patio, “This is dangerous!” She then points to the movie catering area, which looks exactly the same, if not larger, less than thirty feet away. “And that is safe?” As she notes, “It’s a slap in my face!”

Remember too that this is all part of a lockdown in March that was only supposed to last 15 days, in order “to flatten the curve.” A lie, of course, as have been almost everything coming out of the mouths of government health officials since day one of this epidemic. But then, lying has become standard practice from almost every establishment official in Washington, elected or not, for the last four years, on almost every subject. Trump was colluding with Russia! He colluded with Ukraine! No one in the Obama administration ever spied on him! Trump put kids in cages (built by Obama based on Obama’s policy)! And of course, endlessly: Trump is a racist!

I could go on. They lie, and they lie again, and then they top it off with more lies.

And we are supposed to believe them when they say the vote wasn’t rigged? By this time only fools and children should accept the words out of anyone in government.

If the petty dictators in state governments don’t reconsider and stop destroying so many people’s lives, they shall soon see a lot of blood, and it will be their blood, because those same people will have no choice but to shed it in desperation. Politicians be warned.

I don’t wish it. I only know, as a historian, that this is what will happen if things don’t change soon. And if you don’t believe me you need only read a little bit of history.

Let me add that Julie Kelly says much the same in this essay: Shut up and take it. And I think she says it more thoroughly.

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Arizona legislative Republican leaders call for election audit of Maricopa County

The Republican leaders of the Arizona state senate and house today called for an audit of the Maricopa County Dominion software and equipment used during election day.

This is a major change of position, as these leaders have until now resisted such action. Maybe their change of heart is because of the evidence revealed at an improvised hearing earlier this week, as well as the problems found with a random selection of only 100 ballots. Or maybe it was this:

Arizona Rep. Mark Finchem on Friday called on his fellow lawmakers to come together and recall Arizona’s certification.

Finchem said county clerks are now coming forward and admitting something is off with the canvassing and the numbers are just not adding up. “We got people coming out of the woodwork,” Finchem said adding that the legislature will just go around Governor Ducey.

“We only need to have 31 members of the House and 16 members of the Senate pass a resolution recalling our electors. It’s that simple,” he said. “Our constituents are blowing up over this.” [emphasis mine]

The Constitution in the matter of choosing the President is very clear: It is the job of the state legislatures, not the voters, not the governors, not the courts, and most especially not unelected officials in election boards. For decades these state legislatures have allowed the popular vote determine the choice, because everyone trusted the counting process. It appears no one does anymore, and when that happens, the state legislatures need to do their job.

The goal should be to determine if the vote is valid, or not. If valid, than Joe Biden won. Period. Congratulations to the Democrats, though I doubt anyone will end up celebrating their rule in the end. Their policy choices and their eager willingness to blackball and persecute their opposition will not bode well for the future.

If not valid, however, the legislature has several choices. They can call for a revote. They can choose the president themselves, picking electors that will reflect that choice. Or they can refuse to certify at all, sending the decision to the federal House of Representatives.

The state legislature has an additional responsibility, irrelevant of the presidential election. They must institute major changes that will prevent such problems ever again.

Finally, kudos must go to my own representative, Mark Finchem, for pushing this hard, and finally getting some results. The battle is not won, but at least the enemy is finally retreating slightly.

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Trump administration asks Senate to remove SLS requirement for Europa Clipper

The Trump administration has requested the Senate to change the language in its NASA spending bill to remove its requirement that Europa Clipper be launched on SLS.

NASA wants the option to launch the Europa probe using commercial rockets, such as SpaceX’s Falcon Heavy. It also says that there are technical reasons that make using SLS problematic, and worse, the agency simply does not have enough SLS rockets to fly its planned (but unfunded) manned Artemis missions and also launch Europa Clipper.

The House has already removed that requirement in its version of the bill. The Senate has not, probably because the chairman of the Senate Appropriations Committee, Richard Shelby (R-Alabama), is a big fan of SLS (much of it built in his state), and has acted for years to pump money into that project.

If the requirement is not removed, Europa Clipper’s launch will likely be delayed by several years, and cost $1.5 billion more.

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Strong evidence in Michigan that many ballots were scanned multiple times

An IT contractor who worked in Detroit at the location where votes were being tabulated has testified by sworn affidavit and in public testimony before Michigan legislatures that she saw an estimated 30,000 ballots scanned multiple times, illegally.

On November 10, Carone said in an affidavit that she witnessed “nothing but fraudulent actions take place.” “I observed numerous employees, city workers, running batches of ballots through the tabulators countless times, without discarding them first,” Carone said during the Wednesday evening hearing. She testified next to Rudy Giuliani, the personal attorney to President Trump, who has been leading most of the litigations efforts pertaining to the election.

Carone testified that on Election Day, the vote tabulating machines would jam up to three times an hour. When the machines would jam, election officials were supposed to reset the count on the machines to ensure that no ballots were scanned more than once, explained the witness. “Instead of discarding, they were just rescanning, rescanning, rescanning. Counting ballots nine to 10 times,” Carone said. She also said there were more than 20 tabulating machines at her ballot counting center.

Once again, this testimony does not prove, on its own, that the election was stolen. It does however demonstrate strong evidence that a full audit, of at least the Detroit voting center, is necessary before any result can be certified.

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Strong evidence of election tampering in Arizona in sample audit of 100 ballots

After the Republican Party was allowed to do an audit of 100 random ballots and found one voted changed from Trump to Biden, and another Trump vote discarded, election officials have agreed to do an expanded audit of 2,500 ballots.

Ward’s lawyers say the inspection of 100 ballots found that one person’s vote for Trump was ultimately recorded as a Biden vote and that another person’s vote for Trump was cancelled when the reproduced ballot contained votes for both the Republican incumbent and a write-in candidate.

The result? An increase in Biden’s margin by 3%, a change easily enough to overturn an election decided by about a 1/2 percent.. For this reason the election board did not wait for a court order but decided to go ahead with a larger audit.

Though this AP story goes out of its way to minimize the findings here, it is quite alarming to find this much error in only 100 ballots. Anyone (whether Republican or Democrat) should be alarmed and demanding a review, if only to protect the sanctity of all future elections. Anyone that objects, at all, is revealing themselves to be someone who does not want fair elections, and is probably eager to have elections stolen.

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Strong video evidence of election law violations in Georgia during count

In testimony today before the Georgia state senate, the Trump legal team showed evidence from CCTV cameras of almost two hours of vote counting occurring during a period when all Republican counters and pollwatchers as well as the media had been told to leave because counting was going to cease.

According to Georgia election laws, no votes can be counted without the presence of representatives from both parties along with the pollwatchers and the press. Moreover, the law requires that the chain of possession of all tabulated votes be properly maintained. During the two hours of illegal tabulation, it appears that all of the counted ballots came from four suitcases with no provenience that were pulled from beneath a table where they had been hidden earlier in the day.

Based on the pace of tabulating, the number of ballots counted during those two hours was more than enough to swing the results one way or the other. That all Republicans had been ushered away suggests the ballots were not for Trump.

Does this prove the election was stolen? No, not on its own. However, it does make the entire election result questionable. And if nothing untoward was going on, it behooves the individuals shown on this video to come forward to explain and justify what was done. Until they do so, the Georgia vote count is not trustworthy.

I have embedded below the fold the testimony, with th video presented during this testimony.

» Read more

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