Now that the media has declared Joe Biden the next president of the United States, let’s take a look at the state of play:
1. Donald Trump is legally the president until his term expires at noon on Jan. 20, 2021. Nothing that happened last week or will happen until Jan. 20 will affect his position or authority in any way.
2. Joseph Robinette Biden Jr. is neither the president nor the president-elect.
3. There is no such thing as the “office of the president-elect.” Barack Obama invented this phantom unconstitutional position back in 2008. It didn’t matter then and it doesn’t matter now, except in the minds of the media.
4. Biden will not be president-elect until the Electoral College meets on Dec. 14, if then. However …
5. Dec. 8 is the so-called “safe harbor” date, by which the states, under federal law, must have resolved any and all controversies regarding a disputed election, and their governors must so certify, in order for the names of the actual electors to be reported to the national archivist.
6. Neither state governors nor courts, including their high courts, have any authority over how federal elections are conducted in their states.
7. If the election results are still in doubt by Dec. 8—as they might well be—the Trump campaign could ask the state legislatures in the disputed battleground to set aside the tainted tallies and use their plenary powers under Article 1, Section 4 of the U.S. Constitution to appoint and certify slates of electors favorable to the GOP.
8. Republicans now fully control 24 states, in which they have both houses of the legislature and the state house, including the battleground states of Arizona and Florida. Meanwhile, in Michigan, Pennsylvania, North Carolina, and Wisconsin, they control the legislatures, but the governors are Democrats. All six of those states could send Trump slates to the feds by Dec. 8, if they wish. Whether their Democratic governors would certify the slates is, of course, another matter. By contrast, the Democrats control only one current battleground state in which the vote is in dispute, Nevada, with a majority in the legislature and a Democrat as governor.
9. Should the election be thrown into the House of Representatives—as it was in 1800 and 1824—each state delegation gets one vote for president, and Trump would win, 31–18. For those scoring at home, that would mean 185,895,957 Americans, voting via their congressional delegations, would outvote 133,888,565 people living in Democrat states.
10. At the moment, the key state is also the Keystone State, whose 20 electoral votes would put Biden over the top, along with Arizona should they withstand legal challenges. Highly partisan Democratic control of the Pennsylvania Supreme Court and the governor’s mansion, however, has thus far ensured the state will remain contentious to the end. Reverse those votes, however, and then the quest for the White House all comes down to Georgia.
11. There can be no doubt that in several states, the results have been highly questionable, including Michigan and Wisconsin, in which mysterious tranches of votes—in some cases 100 percent for Biden—arrived in the dead of night during a “lull” in the counting, allowing the Democrats to figure out how many votes they needed for the former veep to pull ahead.
12. Elsewhere, electronic “glitches” have been reported, switching Trump votes to Biden, although rarely if ever the other way around. But this is par for the course regarding important elections, in which the Democrats somehow pull off amazing statistical improbabilities/impossibilities and nip the Republican candidate at the wire every time. Only once in recent history has it been stopped: in Florida in 2000, and there, they fumbled by asking for recounts in only three, heavily Democrat counties.
13. We can thank the weaponization of the CCP virus, in the guise of the overwhelmingly non-lethal COVID-19 disease, for much of the chaos. The Democrats have been pushing the boundaries of what constitutes a free and fair election, bulldozing constitutional and social norms in order to remove as many protections against arrant fraud as they possibly could, all in the name of “fairness.” The virus gave them the excuse to liberalize “early voting” and thus trash law and custom for our own “safety.”
14. During one of his few campaign appearances, the bumbling Biden made the following unconditional statement: “We have put together, I think, the most extensive and inclusive voter fraud organization in the history of American politics.” Imagine the howling on the left had Trump said something like that. And yet fraud and the Democratic Party have gone hand-in-hand at least since Tammany Hall in the 19th century. Indeed, it has become the punchline of a joke everybody knows, including Democrats. Except, they’re proud of it.
15. Some conservative commentators, among them lawyers, have tried to make the point that, yes, there’s fraud, but it really doesn’t matter unless it materially affects the outcome of the election. These are the same lawyers, by the way, who employ the doctrine of “falsus in uno, falsus in omnibus” (false in one detail, false in all) to discredit eyewitness testimony in big trials.
16. But fraud is fraud, and therefore its presence should rightfully invalidate the entire election, at least within each state where it provably occurs. It ought not to matter whether it involves outright ballot theft, forged ballots, illegal-alien ballots, fake “early voting” ballots, or obviously manufactured ballots delivered days after the nominal end of Election Day.
17. There was a time, perhaps, when a Richard Nixon—who knew he’d been cheated in Illinois by Chicago’s Mayor Richard Daley out of the 1960 election—could put country before party and refuse to challenge JFK’s hairsbreadth victory. But those days are long gone; the stakes are simply too high.
18. Everybody back then knew the Nixon and Kennedy differed in policy, not in love of country. Today’s critical-theory Democrats don’t love the country as founded, they love it for the kind of socialist utopia into which they’d like to fundamentally transform it. Don’t be fooled by their expressions of “patriotism.”
19. It’s time to rein in the media. Nobody—not even they themselves—views them as impartial reporters and fact-finders any more. Overwhelmingly leftist in outlook, today’s “reporters” prefer to think of themselves as social-justice warriors, effecting “change” by any means necessary. But members of the media should undergo the same scrutiny they apply to their political enemies, and be held liable under the same laws the rest of the population must abide by.
20. It’s also long past time to strip the “social media” companies and internet giants of the federal protection, specifically section 230 of the Communications Decency Act, that shelters them from liability actions on the grounds that they are “platforms,” not publishers. But as 2020 has shown, they were and are active partisans on the leftist side, slanting and shading the news—and even, in the case of the Hunter Biden laptop bombshell—suppressing it altogether.
In sum, we appear to be in uncharted waters. But as the elections of 1800, 1824, 1876, and 2000 have shown, we generally find a way to muddle through. Let the constitutional processes play out, and let’s see who takes the oath of office come January.
Michael Walsh is the editor of The-Pipeline.org and the author of “The Devil’s Pleasure Palace” and “The Fiery Angel,” both published by Encounter Books. His latest book, “Last Stands,” a cultural study of military history from the Greeks to the Korean War, will be published in December by St. Martin’s Press.
Views expressed in this article are the opinions of the author and do not necessarily reflect the views of The Epoch Times.
Wow !!
This is a John Philip Sousa level whistle past the graveyard.
So Barr announces an investigation. If this takes as much time as John Durham has taken to jail the russia collusion criminals, then
we can expect at least 2 years. The country will demand an answer to this by Dec 1. You either have it or you don’t. Be in front of the
court by Dec 1 or go home. Trump has only a few days to prove his point. I think he has a strong case but he has only a few days to
bring the evidence. Get it done quick.
One of the most convoluted articles I’ve read here in several years. The author is all over the place and more than half the items mentioned would have zero standing in a court of law. Which at this point, is all that counts. As an example items 2,3,4, 5, 13, 14, 15, 17, 18, 19, and 20 are not something that either a federal judge or the Supreme Court is going to want to hear as a reason for invalidating a significant percentage of ballots in the five crucial swing states in question.
There are several valid examples of what appears to be large scale voter fraud in each of these five states, that would materially alter the election outcome. Yet the author doesn’t touch on any of them. Instead he wastes space writing about things that won’t help prove President Trump’s case. Time is indeed of the essence and the focus has to be squarely on being able to provide hard evidence of large scale voter fraud, by whichever means it has occurred, in the five states in question. Period! We will only get one shot at this and cannot afford to be distracted by articles like this one. I’m sure the author means well, but seriously he isn’t helping anyone with what he has written.
What crap! … PRESIDENT TRUMP WILL WIN RE-ELECTION BECAUSE HE WILL
PROVE THE CHEATING in Pennsylvania, Georgia, Nevada, Michigan and Wisconsin along with outright winning in Arizona. And of course, the Progressively Communist Democrats will not accept that outcome and widespread rioting will especially take place in Darkest Blue States and President Trump will have to move quickly and decisively to quell these Communist protestors. We are headed for turbulent times even if Jackass Joe Biden is allowed to steal this election. If so, I personally will move from Darkest Blue California to Texas who I then hope will lead the Red States into secession which will destroy the USA. So President Trump MUST WIN re-election to save America!
Constitutionally, in States where “Mail-In Ballots” were allowed by any court’s decree, they are invalid!! By our Constitution, only each State’s Legislature can make the laws (rules) on how Federal Elections are conducted in their State. State and/or Federal Courts can invalidate for equal treatment and/or send back for revision what a State Legislature has done but they CANNOT implement/decree how the processes may/can be done!!! Election results have been changed in at least 5 States by “Mail-In Ballots”. If the US Supreme Court upholds our Constitution, none of such “Mail-In Ballots” are legal/valid!!! The DemocRats/Communists hope Americans will remain silent!!! Join the Trump Movement – The American Revolution 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
The DemocRats/Communists try to defame people by calling them NAZI’s. NAZI is a German acronym for the National Socialist German Workers’ Party! Americans have been brainwashed to believe that NAZI’s means extreme Racists and Authoritarians! In fact, NAZI is the German form of Socialism! It is a lie to call it a “right-wing authoritarian government as defined in most dictionaries. It was, in fact, a “left wing” authoritarian group, exactly the same as the DemocRats of today!!! The DemocRats of today, just as the NAZI’s, have also become Racist, condemning all white people who will not join their “Cause”!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
In the 1930’s, Adolph Hitler: “Heute Deutschland, Morgen die Welt!” (Today Germany, tomorrow the World)!! Today, Chuck Schumer in the same year he threatened OUR Supreme Court: “Today Georgia, next we change the World!” The Leaders of Socialism never cease to be corrupted by its EVILS!!! Join the Trump Movement – The American Revolution 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
If you believe in Socialism, you have been BRAINWASHED!! For Socialism to exist, “the elites” must, by necessity, forcibly take (e.g. taxes) what everybody earns and dole it back-out to match their version of equity!! And, of course, “the elites” earn the right to keep “their share”!! Communism is that impossible mythical state where, through generations of Socialism, there will be no need for Government because all People have become “enlightened!!! Join the Trump Movement – The American Revolution 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
Lincoln wanted for the slaved to be able to “eat from the work of their own hands”! The DemocRats, the RINO’s, the Media, the Entertainment Industry, etc. (That is: the Communists) want everyone to be dependent on “The Government”!! Control your own destiny!! Be free!! Join the Trump Movement – The American Revolution 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
Get our Children our of Public Schools and turn-off Mainstream Media! Become a Free American!! Join the Trump Movement – The American Revolution 2.0!!! Become a Counter-Revolutionary!!! Stand-up for Our Republic!!!! Remove Every DemocRat!!!!!
#1 is the most important! Biden better not be trying to move his DUMMOCRAT self into the White House over Christmas (last time we’ll be calling it that for a long time, sad to say)
This is insane. Trump has given up and Biden has become our soon to be official president. Trump will leave office willingly or forcibly.