Tag: fraud

Publius Huldah: A Constitutional Roadmap for Conquering Election Fraud

Attorney Publius Huldah writes A Constitutional Roadmap for Conquering Election Fraud.

The following shows what the State Legislatures and each Branch of the federal government have the authority to do to address the monstrous crime which has been committed against our Country.

1. Article IV, §4, US Constitution

The fundamental Principle which should guide us in dealing with this issue is set forth at Article IV, §4, US Constitution. It reads,

“The United States shall guarantee to every State in this Union a Republican Form of Government…”

The essence of a “Republic” is that sovereign power is exercised by Representatives elected, directly or indirectly, by The People. 1

Election fraud strikes at the heart of our Constitutional Republic. Therefore, Congress, the federal courts and the Executive Branch [i.e., the “United States”] have the duty, imposed by Article IV, §4, to negate the fraud in order to preserve our republican form of government.

As shown below, the States also have authority to remedy the election fraud committed in their State.

2. The Constitutional framework governing federal elections

These are the clauses in the US Constitution everyone should study:

♦ Art. I, §4 is the “times, places, and manner” clause: It means what it says! Federal and State judges, and federal and State executive agencies, have no authority to tinker with election laws made by the State Legislatures or Congress. When they tinker with the laws, their acts are usurpations and must be treated as such [link].

♦ Art. II, §1, clause 2: The President & Vice President are to be elected by Electors appointed, in such manner as the State Legislatures shall direct…

♦ Art. II, §1, clause 4: Congress may determine the Time of chusing the Electors and the Day on which they Vote.

♦ The 12th Amendment sets forth the procedures for how the Electors are to cast their votes for President & then for Vice President. To our detriment, we have ignored those procedures for a long time.

♦ The 20th Amendment, §1, says the terms of President & Vice President end January 20; and the terms of Senators & Representatives end January 3.

♦ And §2 of the 20th Amendment says Congress shall meet on January 3, unless they make a law setting a different date. Congress did make a law which changed that date to January 6.

3. The Statutory framework

At Title 3, US Code, §§ 1-21 [link], Congress implemented the constitutional provisions.

Congress understood there would be fights in the States over the selection of the Electors. So they provided for the fights:

A.

At 3 USC §1, Congress set November 3 as the date for appointing the Electors in the States.

But the next two Sections address what happens when Electors aren’t appointed on November 3.

♦ §2 says the Electors may be appointed on a subsequent day in such a manner as the Legislature of each State may direct.

♦ And §3 says Electors are chosen when any controversy respecting their appointment has been finally determined. “Determining the controversy” is, of course, the purpose of the litigation and the hearings in State Legislatures.

B.

Article II, §1, clause 4, US Constit., gives Congress authority to determine the Date on which the electors vote:

♦ 3 USC §7 sets that date for December 14.

♦ But 3 USC §§12 & 13 provide for what happens when Congress hasn’t received the Electors’ votes by December 23.

So we see that flexibility to deal with fights in the States over the selection of Electors is built into the US Code.

C.

Now we get to the counting of the Electors’ Votes in Congress: 3 USC §15 says Congress is to meet on January 6 to count the votes. The President of the Senate [Mike Pence] presides. He is to call for objections to the votes. The rest of §15 and §§16-18 deal with handling the objections in Congress respecting the Electors’ votes.

So the statutory framework recognizes that selecting the Presidential Electors can get messy; and that there would be fights over the Electors in the States and in Congress. We are working through this process right now.

4. Congress has the power to determine whether the President elect and Vice President elect are qualified for office.

Section 3 of the 20th Amendment shows that Congress has the authority to determine whether the President elect and Vice President elect are qualified for office. 2 If either is not a natural born citizen, Congress has the power and the duty to disqualify that person. 3 Accordingly, it was Congress’ duty to inquire into whether Obama was a natural born citizen; and today it is Congress’ duty to inquire into whether Kamala Harris is a natural born citizen.

Congress also has the power – and the duty – to disqualify Biden and Harris on the ground that the fraud bringing about their sham “election” was an attack on the States’ Right, guaranteed by Article IV, §4, to have a republican form of government.

5. Election Fraud is a federal crime

It is the DUTY of the Department of Justice to investigate and prosecute the election fraud. It is disgraceful that they have done nothing.

6. The Duty of the Supreme Court

The Supreme Court is surely aware of its Duty, imposed by Article IV, §4, US Constitution, to guarantee to the States a republican form of government where Representatives are elected by The People – and not by corrupt politicians who pay for massive organized election fraud and cheating.

While the Supreme Court obviously cannot enforce its own rulings and must depend on the Executive Branch of the federal government to enforce them; 4 the Supreme Court must issue an Opinion consistent with Article IV, §4, which, when enforced by the Executive Branch of the federal government, solves the present crisis.

7. The State Legislatures should appoint replacement Electors

It is clear that State Legislatures have the power to ignore the fraudulent election and appoint a new set of Presidential Electors. Such is consistent with the Constitution and the statutory scheme laid out in 3 USC §§1-21. Furthermore, the Supreme Court has already acknowledged that State Legislatures may do this.

REMEMBER that Article II, §1, clause 2, US Constitution, says Electors are to be appointed “in such Manner as the State Legislatures” may direct.

Originally, Electors were generally chosen by the State Legislatures. In McPherson v. Blacker, decided 1892 [link], the Supreme Court gave the history of how each State Legislature chose their Electors since the first presidential election. It was only later that State Legislatures began to provide for the popular election of the Presidential Electors.

Congress expressly recognizes that State Legislatures may resume at any time the power to select the Electors. Remember that 3 USC §2, says,

“Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.”

Additionally, in Bush v. Gore, decided 2000 [link], the Supreme Court said that the State Legislature’s power to select the manner for appointing electors is plenary; it may, if it chooses, select the Electors itself; and even after granting the franchise to the People to select the Electors, State Legislatures can resume the power at any time.

So yes, in States where the election was stolen, the State Legislatures may – and should – reassume their plenary power to select the Electors. America urges the State Legislators to be bold and do what is right.

8. Warning

Republican establishment cowards who refuse to confront and defeat the election fraud don’t seem to understand the consequences of their refusal to man up and fight the fraud. Our Country is right now in the process of being overthrown and taken over by profoundly evil people. You better fight while we still can.

Endnotes:

1 Federalist No. 10 (J. Madison) [link]: “A republic, by which I mean a government in which the scheme of representation takes place, … *** … The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; …”

2 The qualifications are set forth at Article II, §1, clause 5 and the 12th Amendment, last sentence.

3 Whether or not a President elect or Vice President elect meet the constitutional qualifications for office is a political question for Congress to decide.

4 Federalist No. 78 (A. Hamilton) [link] “…The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” [Caps are Hamilton’s; other emphasis added]

AmPart: Giuliani – Powell News Conference November 19, 2020

American Partisan, among others, made note of the Nov. 19th press conference with “Rudy Giuliani, Sydney Powell, and a host of other lawyers who are representing President Trump and the American people who voted for him.”

…To be quite frank, I was mesmerized as I drove around and at one point when my errand list was done, I parked in a shopping center parking lot to listen to the end of the press conference.

Giuliani started out saying that he called the news conference because he was tired of the press saying that the Presidential election was not stolen. “Show us facts” the MSM keeps shouting…

In case Youtube removes the above video, it may alternately be viewed at Breitbart – Trump Campaign Holds Press Conference to Outline ‘Viable Path to Victory’

Strategic Culture Foundation: When Does a ‘Glitch’ Become a Coup? It’s Time to Regulate America’s Fly-by-Night Voting Machine Monopoly

This article comes from Robert Bridge at the Strategic Culture Foundation – When Does a ‘Glitch’ Become a Coup? It’s Time to Regulate America’s Fly-by-Night Voting Machine Monopoly

It’s a frightening thing to consider, but the ultimate success of democracy in the United States largely hinges on the integrity of just three voting machine companies, which conduct their affairs with almost no government oversight and regulation. Unless that changes, the greatest democracy will start looking like a banana republic in the eyes of the world.

In January 2020, the CEOs of the three companies that produce over 80 percent of voting machines in the U.S. – Election Systems & Software (ES&S), Dominion Voting Systems and Hart InterCivic – were grilled by members of Congress over the question of security at the ballot box. Perhaps it would surprise exactly nobody that the 90-minute discussion focused almost entirely on the possibility of foreign actors, specifically China and Russia, interfering in the U.S. election system. Within such a predictably narrow frame of reference – Russia! Russia! Russia! – it becomes much easier to eliminate the possibility that domestic actors may also be tempted to tamper with the vote. At the same time, Russia provides the perfect smokescreen in the event someone gets caught with their hand in the election cookie jar. But already I digress.

Currently, Dominion Voting Systems, the supplier of voting machines in 28 states, is coming under fierce scrutiny after it was reported that thousands of votes in one Michigan country intended for Donald Trump went to his challenger, Joe Biden. Officials were quick to point out that the ‘glitch’ was due to silly “human error,” as opposed to any mechanical flaws with the voting machines.

According to Michigan state government website, “[T]he erroneous reporting of unofficial results … was a result of accidental error on the part of the Antrim County Clerk (who) accidentally did not update the software used to collect voting machine data and report unofficial results.”

While I am no computer specialist, it is hard to imagine how a software update would have done anything to prevent one candidate from receiving the votes intended for another unless it was originally programmed to behave that way. But again, I am no expert.

Another state that relies heavily on Dominion Voting Systems is Georgia, which received 30,000 new voting machines last year – “the largest rollout of elections equipment in U.S. history,” according to the Government Technology newsletter. Following the announcement of the $107 million contract, the same newsletter foretold of problems down the road, saying the “new voting system is expected to be quickly challenged in court by voters who say it remains vulnerable to hacking and tampering, despite the addition of paper ballots.”

Those fears were quickly realized on the morning of Nov. 3, Election Day, when a technological glitch wreaked havoc on voting in two Georgia counties (a side note to this story is that Georgia officials blamed the abrupt pause in vote counting on a burst pipe at Atlanta’s State Farm Arena. Thus far, however, officials have not been able to produce any evidence that such an incident took place).

While the source of the ‘glitch’ is still under investigation, one state ballot supervisor, Marcia Ridley, initially told POLITICO on Nov. 3 that Dominion, which prepares the poll books for counties before elections, “uploaded something last night, which is not normal, and it caused a glitch.” That reported incident prevented staff from programming the voter smart cards for the voting machines. Ridley continued, “That is something that they don’t ever do. I’ve never seen them update anything the day before the election.”

However, Dominion officials, while admitting there was a problem with the poll books, deny there was any last-minute update made to the poll books after Oct. 31 (a press release by Dominion countered this and other allegations, including that the Pelosi family, the Feinstein family, or the Clinton Global Initiative has any relationship with the company).

And here is where things get interesting.

Ridley went on to say that Dominion assured her that “no system can be updated remotely without the knowledge of [the company],” indicating that an update could not have been made without detection. In other words, there appears to be a backdoor channel for Dominion Voting Systems to connect to the internet, and, as everybody knows, whatever appears on the internet is fair game for hackers.

In fact, it was exactly that concern that helped dissuade the state of Texas from also purchasing the dodgy Dominion system.

In a letter from Brandon Hurley, a voting systems examiner, addressed to Keith Ingram, Director of Elections in Texas, it was determined that “some of the hardware in the Democracy 5.5-A System can be connected to the internet through Ethernet ports.”

Later in the letter, it was emphasized again that “[W]ithout question, one or more of the components of the 5.5-A System can be connected to an external communication network and this can only be avoided if the end-user takes the proper precautions to prevent such a connection.”

On Wednesday, Georgia Secretary of State Brad Raffensperger announced the state would perform a hand-recount of presidential ballots before certifying the results of its election. According to the New York Times, Biden leads the incumbent Trump by 14,000 votes.

Whatever the outcome of the 2020 presidential election, which also had to wrangle with the influx of millions of mail-in ballots amid a pandemic, it will certainly go down in the history books as one of the most chaotic, controversial and fraud-prone contests in U.S. history. The tragedy is that this fiasco, which is making America look ridiculous on the global stage, could have been avoided. There have been numerous attempts to sound the alarm on the vulnerability of voting machines to accurately tabulate the results of an election, and not least of all the ongoing Trump-Biden showdown, which will determine the political, cultural and economic trajectory of the United States long into the future.

It is the opinion here that, judging by everything we know and don’t know about how the 2020 presidential election was organized, the only realistic option is to hold a nationwide recount. It is simply impossible to expect millions of American voters from either side of the political aisle to hold any doubts over an election of such tremendous consequence. Yes, a recount would be a massive undertaking, but the future peace and tranquility of the nation, already partisan to the breaking point, depends upon it. Once the recount is accomplished, the next task should be a congressional task force to examine ways of securing U.S. elections in the future, while holding the voting machine companies to severe government control and regulation. The days of monkey-wrenching U.S. elections must end.