Breitbart: Texas Sues Georgia, Michigan, Pennsylvania, and Wisconsin at Supreme Court over Election Rules

From Breitbart, Texas Sues Georgia, Michigan, Pennsylvania, and Wisconsin at Supreme Court over Election Rules. Texas argues that the defendant states “usurped their legislatures’ authority and unconstitutionally revised their state’s election statutes. They accomplished these statutory revisions through executive fiat or friendly lawsuits, thereby weakening ballot integrity.”

The State of Texas filed a lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution.

Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution’s Equal Protection Clause. Finally, Texas argues that there were “voting irregularities” in these states as a result of the above.

Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. The lawsuit says:

Certain officials in the Defendant States presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting. The Defendant States flooded their citizenry with tens of millions of ballot applications and ballots in derogation of statutory controls as to how they are lawfully received, evaluated, and counted. Whether well intentioned or not, these unconstitutional acts had the same uniform effect—they made the 2020 election less secure in the Defendant States. Those changes are inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.

…

This case presents a question of law: Did the Defendant States violate the Electors Clause by taking non-legislative actions to change the election rules that would govern the appointment of presidential electors? These non-legislative changes to the Defendant States’ election laws facilitated the casting and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution. By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens’ vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution.

Texas approached the Supreme Court directly because Article III provides that it is the court of first impression on subjects where it has original jurisdiction, such as disputes between two or more states…

Link to motion at Scribd

The Spectator: Reasons Why the 2020 Presidential Election Is Deeply Puzzling

Patrick Basham at The Spectator writes Reasons Why the 2020 Presidential Election Is Puzzling.

To say out-loud that you find the results of the 2020 presidential election odd is to invite derision. You must be a crank or a conspiracy theorist. Mark me down as a crank, then. I am a pollster and I find this election to be deeply puzzling. I also think that the Trump campaign is still well within its rights to contest the tabulations. Something very strange happened in America’s democracy in the early hours of Wednesday November 4 and the days that followed. It’s reasonable for a lot of Americans to want to find out exactly what.

First, consider some facts. President Trump received more votes than any previous incumbent seeking reelection. He got 11 million more votes than in 2016, the third largest rise in support ever for an incumbent. By way of comparison, President Obama was comfortably reelected in 2012 with 3.5 million fewer votes than he received in 2008.

Trump’s vote increased so much because, according to exit polls, he performed far better with many key demographic groups. Ninety-five percent of Republicans voted for him. He did extraordinarily well with rural male working-class whites.

He earned the highest share of all minority votes for a Republican since 1960. Trump grew his support among black voters by 50 percent over 2016. Nationally, Joe Biden’s black support fell well below 90 percent, the level below which Democratic presidential candidates usually lose.

Trump increased his share of the national Hispanic vote to 35 percent. With 60 percent or less of the national Hispanic vote, it is arithmetically impossible for a Democratic presidential candidate to win Florida, Arizona, Nevada, and New Mexico. Bellwether states swung further in Trump’s direction than in 2016. Florida, Ohio and Iowa each defied America’s media polls with huge wins for Trump. Since 1852, only Richard Nixon has lost the electoral college after winning this trio, and that 1960 defeat to John F. Kennedy is still the subject of great suspicion.

Midwestern states Michigan, Pennsylvania, and Wisconsin always swing in the same direction as Ohio and Iowa, their regional peers. Ohio likewise swings with Florida. Current tallies show that, outside of a few cities, the Rust Belt swung in Trump’s direction. Yet, Biden leads in Michigan, Pennsylvania, and Wisconsin because of an apparent avalanche of black votes in Detroit, Philadelphia, and Milwaukee. Biden’s ‘winning’ margin was derived almost entirely from such voters in these cities, as coincidentally his black vote spiked only in exactly the locations necessary to secure victory. He did not receive comparable levels of support among comparable demographic groups in comparable states, which is highly unusual for the presidential victor.

We are told that Biden won more votes nationally than any presidential candidate in history. But he won a record low of 17 percent of counties; he only won 524 counties, as opposed to the 873 counties Obama won in 2008. Yet, Biden somehow outdid Obama in total votes.

Victorious presidential candidates, especially challengers, usually have down-ballot coattails; Biden did not. The Republicans held the Senate and enjoyed a ‘red wave’ in the House, where they gained a large number of seats while winning all 27 toss-up contests. Trump’s party did not lose a single state legislature and actually made gains at the state level.

Another anomaly is found in the comparison between the polls and non-polling metrics. The latter include: party registrations trends; the candidates’ respective primary votes; candidate enthusiasm; social media followings; broadcast and digital media ratings; online searches; the number of (especially small) donors; and the number of individuals betting on each candidate.

Despite poor recent performances, media and academic polls have an impressive 80 percent record predicting the winner during the modern era. But, when the polls err, non-polling metrics do not; the latter have a 100 percent record. Every non-polling metric forecast Trump’s reelection. For Trump to lose this election, the mainstream polls needed to be correct, which they were not. Furthermore, for Trump to lose, not only did one or more of these metrics have to be wrong for the first time ever, but every single one had to be wrong, and at the very same time; not an impossible outcome, but extremely unlikely nonetheless.

Atypical voting patterns married with misses by polling and non-polling metrics should give observers pause for thought. Adding to the mystery is a cascade of information about the bizarre manner in which so many ballots were accumulated and counted.

The following peculiarities also lack compelling explanations:

1. Late on election night, with Trump comfortably ahead, many swing states stopped counting ballots. In most cases, observers were removed from the counting facilities. Counting generally continued without the observers

2. Statistically abnormal vote counts were the new normal when counting resumed. They were unusually large in size (hundreds of thousands) and had an unusually high (90 percent and above) Biden-to-Trump ratio

3. Late arriving ballots were counted. In Pennsylvania, 23,000 absentee ballots have impossible postal return dates and another 86,000 have such extraordinary return dates they raise serious questions

4. The failure to match signatures on mail-in ballots. The destruction of mail in ballot envelopes, which must contain signatures

5. Historically low absentee ballot rejection rates despite the massive expansion of mail voting. Such is Biden’s narrow margin that, as political analyst Robert Barnes observes, ‘If the states simply imposed the same absentee ballot rejection rate as recent cycles, then Trump wins the election’

6. Missing votes. In Delaware County, Pennsylvania, 50,000 votes held on 47 USB cards are missing

7. Non-resident voters. Matt Braynard’s Voter Integrity Project estimates that 20,312 people who no longer met residency requirements cast ballots in Georgia. Biden’s margin is 12,670 votes

8. Serious ‘chain of custody’ breakdowns. Invalid residential addresses. Record numbers of dead people voting. Ballots in pristine condition without creases, that is, they had not been mailed in envelopes as required by law

9. Statistical anomalies. In Georgia, Biden overtook Trump with 89 percent of the votes counted. For the next 53 batches of votes counted, Biden led Trump by the same exact 50.05 to 49.95 percent margin in every single batch. It is particularly perplexing that all statistical anomalies and tabulation abnormalities were in Biden’s favor. Whether the cause was simple human error or nefarious activity, or a combination, clearly something peculiar happened.

If you think that only weirdos have legitimate concerns about these findings and claims, maybe the weirdness lies in you.

Forward Observer: 2020 Is Going to Be Lit

In 2020 Is Going to Be Lit, the intelligence analysts at Forward Observer briefly touch on some possibilities for civil violence in 2020 in the USA.

To get a sense of where 2020 is headed, I’m going to let you know about five stories and trends I’ve seen in the past couple of weeks…

1. A Muslim Community Patrol and mosque in Brooklyn are trading threats with a chapter of the Bloods gang, after a community patrol member roughed up the son of the local gang leader for making “disrespectful” remarks to a Muslim woman. The Bloods designated the mosque and its members as “food” for the gang’s “dogs” to eat, a reference to violence.

2. Following this weekend’s machete attack at a Hanukah party, some Orthodox Jews are encouraging each other to join/revive the Jewish Defense League, a group known for planning and committing acts of terrorism against Muslims in the 1980s. The JDL was previously described by the FBI as a “Jewish extremist organization.”

3. We continue to follow numerous socialist and pro-gun Leftist groups who are purchasing firearms and combat gear. Many of these groups have regular training days at the range and are preparing for armed “self-defense.”

4. The Boogaloo, a reference to a second civil war, is still a popular topic among counter-culture conservatives and libertarians.

5. Second Amendment activists in Virginia are fomenting support for popular resistance to the state’s proposed gun laws.

These are just five situations that could lead to armed violence between competing factions in the United States. There are likely dozens more across the country.

Your New Year’s Resolutions should include identifying your own local fault lines…

Wilder Wealthy and Wise: The Biggest Story of 2019 – Society Unravelling

James Kunstler: Forecast 2020

In this somewhat lengthy article, author James Howard Kunstler makes some predictions for 2020 — political, economic and other. Kunstler’s main works have been on peak-oil and what that means to society and also urban and suburban development issues. It may or may not be of relevance, but Kunstler is a Democrat, though he has been described as “an angry, disaffected one.” That is mentioned here only because some read his acidic commentary on the impeachment charade and think that he is conservative, Republican, or pro-Trump — of which he is none.

…These diseases of mind and culture are synergized by an aroused political ethos that says the ends justify the means, so that bad faith and knowing dishonesty become the main tools of political endeavor. Hence, a venerable institution such as The New York Times can turn from its mission of strictly pursuing news and be enlisted as the public relations service for rogue government agencies seeking to overthrow a president under false pretenses. The overall effect is of a march into a new totalitarianism, garnished with epic mendacity and malevolence. Since when in the USA was it okay for political “radicals” to team up with government surveillance jocks to persecute their political enemies?

This naturally leads to the question: what drove the American thinking class insane? I maintain that it comes from the massive anxiety generated by the long emergency we’ve entered — the free-floating fear that we’ve run out the clock on our current way of life, that the systems we depend on for our high standard of living have entered the failure zone; specifically, the fears over our energy supply, dwindling natural resources, broken resource supply lines, runaway debt, population overshoot, the collapsing middle-class, the closing of horizons and prospects for young people, the stolen autonomy of people crushed by out-of-scale organizations (government, WalMart, ConAgra), the corrosion of relations between men and women (and of family life especially), the frequent mass murders in schools, churches, and public places, the destruction of ecosystems and species, the uncertainty about climate change, and the pervasive, entropic ugliness of the suburban human habitat that drives so much social dysfunction. You get it? There’s a lot to worry about, much of it quite existential. The more strenuously we fail to confront and engage with these problems, the crazier we get…

There’s an excellent chance that the Democratic Party will be in such disarray by summertime, that it may break apart into a radical-Wokester faction and a rump “moderate” faction. That would make the election somewhat like the 1860 contest on the eve of the first Civil War. The current crop of leading candidates — Biden, Sanders, Warren, Buttigieg — all look to me like horses that ain’t gonna finish. Michael Bloomberg could end up leader of the rump moderates, propelled by his inexhaustible bank account, but I doubt his appeal to the racial minorities and the new millennial voters Democrats depend on. I’m not sure he’s left with much else.

I’m convinced that Joe Biden is in still in the contest solely to avoid investigation. He’s already obviously not wholly sound of mind, and he’s not even in the White House yet…

the attempts at impeachment have a peevish Lilliputian flavor. Keeping it up —bringing a threatened second or third bill of impeachment with extra charges — will only reinforce Mr. Trump’s anti-fragility. Second to the economic issues is the question whether the firm of Barr & Durham will manage to pin some criminal responsibility on the people who undertook the RussiaGate coup against Mr. Trump — a ghastly mis-use of government power now celebrated by Democrats, who, you might recall, used to be against police states. A series of perp walks by the likes of Brennan, Comey, Clapper, and others could finally burst the bubble of credulity that the Mueller face-plant and the damning Horowitz report failed to achieve among the True Believers of Rachel Maddow…