Archive for November, 2020

SCOTUS: Federal Elections Undecided by Midnight are Void: Foster v Love (9-0 Decision)

Posted in Uncategorized on November 18, 2020 by naturalborncitizen

Ren Jander’s plenary authority analysis over at Thepostemail.com scored at Citizen Free Press last week then went viral. This new follow up over there adds support for the state legislatures. This could be a game changer if the Trump attorneys get on board. And they really have nothing to lose at this point. Read & share.

LD

NYT: The Florida Legislature Was Prepared To Seat Bush Electors Even If Gore Won The Recount.

Posted in Uncategorized on November 15, 2020 by naturalborncitizen

The November 30, 2000 edition of the NYT featured an article (by David Barstow and Somini Sengupta) wherein Governor Jeb Bush thanked the Florida Legislature for their bravery in committing to seat electors for his brother, George W., regardless of whether the Supreme Court stopped the recount, and regardless of whether Gore subsequently won:

“Gov. Jeb Bush of Florida said today that it would be an ‘act of courage’ for his state’s Legislature to convene a special session to name Florida’s 25 electors if Vice President Al Gore persisted in contesting the state’s presidential balloting…

“Mr. Bush said he would prefer that the courts rendered the issue moot by denying Mr. Gore’s legal challenges. But, he said, legislative selection of electors would guarantee the state’s representation in the Electoral College…

“‘It’s the right thing to do, I think, given the proper circumstances,’ Mr. Bush said…His views mirrored those of several lawyers hired by the Legislature’s powerful Republican leaders to advise the members of the House and the Senate. On Tuesday, and again today, those lawyers told a select committee of lawmakers that the Legislature had an unambiguous obligation under the United States Constitution to step in and select electors

“‘This is so clear about who has the responsibility to do this in an environment where there is a contest,’ Mr. Bush said. ‘The Constitution provides that the Legislature be delegated this authority not the state, not anybody else but the Legislature. I think people understand that.’

“Republicans hold a 77-to-43 advantage in the Florida House and a 25-to-15 advantage in the Senate, and the leaders of both bodies have made it clear that any electors they choose will be for George W. Bush.

Hey now. The Florida State Legislature knew how to crack the whip. You see how they did that? Florida was still counting ballots, eyeing chads. And the United States Supreme Court hadn’t ruled yet. Regardless, the Legislature “made it clear” that all electors were going to Bush no matter what.

But how could this happen? By what authority? The power is derived from Article 2;§1 of the US Constitution – “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors” – and the power is reiterated in 3 USC §2:

“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.”

An election has failed, according to the statute, when all presidential electors have not been appointed by midnight on Election Day. (Also known as “the day prescribed by law” in 3 USC§1).

United States Supreme Court precedent, upheld on multiple occasions (as recently as July 2020, in an 8-0 decision), mandates that this power to direct how electors are appointed may be utilized “at any time”. If the power has been granted to the people in a popular vote, it may be “resumed” by the State Legislature…at any time:

“The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors. See id., at 35 (‘[T]here is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated’) (quoting S. Rep. No. 395, 43d Cong., 1st Sess.).” Bush v. Gore, 531 US 98, 104 (2000).

LET’S TALK ABOUT PROCEDURE

The NYT article discussed the possibility of whether brother Jeb might sign legislation drafted to appoint Bush electors. But there was no need to flame the fire of nepotism, since the Legislature didn’t need the Governor’s approval to order the appointment of presidential electors. The State Legislatures’ power is plenary. Hence, the following:

‘’’I admire Speaker Feeney and President McKay’s approach to this,’ Mr. Bush said. ‘They’re accepting their responsibility in a sober somber way, which they should.’ Mr. Bush, however, may yet avoid having to sign legislation from a special session. Increasingly, senior Republican legislators are talking about naming electors by resolution, which does not require the governor’s signature.”

The Legislatures don’t need a special session. And they don’t need their Governor’s approval. No state laws govern them in exercising the plenary authority granted by the Constitution. The words are unambiguous; “Each State shall appoint, in such Manner as the Legislature thereof may direct…”

The State as a whole unit appoints the electors, but the Legislature orders how the electors will be determined, and they can do it by resolution, with, or without, an investigation. If the Legislature orders an investigation of ballots and a hand recount, they don’t need permission from the Secretary of State, Attorney General or Governor to do it. They can exclude other state officials from the process entirely if doing so is the manner they choose to determine appointment of electors. The State acts in a ministerial capacity to the Legislatures…with regard to Presidential Electors.

None of this analysis applies to any other office but President and Vice President of the United States. All of the state statutes prescribing the dreaded intricacies of state election laws are irrelevant in determining the manner with which a state’s legislature may direct the appointment of electors. They are not constrained by state statutes in this regard. They may do as they please.

BACK TO THE FUTURE

The Republican controlled Legislatures – witnessing the systemic vexatious election atrocity that has been perpetrated upon their constituents – must announce to the nation that they are aware of their plenary authority to order the State to appoint Republican electors. That’s the first step. State your authority. Just say it to the nation. Let us know you understand how our laws work. Do that first.

Then start demanding access to the data; the ballots, the software, the hardware. Have hearings. Put people under oath. Take responsibility. Don’t you want a fair count?

The nuclear option involves the State Legislatures seating Trump’s electors. Nobody can stop them, just as nobody could’ve stopped the Florida Legislature in 2000. But they don’t have to actually pull the nuclear trigger to make things right. They have more reasonable options.

The Republican controlled State Legislatures can strategically use the nuclear option as leverage to order a fair count. It gives them clout to force a genuine investigation; a true canvass. They can bring in independent agents. They can remove the Secretaries of State from the process. They can televise it. They can shine light on all of it by using leverage, and by making clear that they have the authority, enforcement power, and will, to exercise the Constitution’s faith in them as local representatives of we the people.

And this is exactly the moment the framers envisioned when they granted plenary authority to the State Legislatures in determining Presidential Electors. It wasn’t given to Congress. It was given directly to the people in their states, to their closest government representatives in our republican form of government.

AP PROPAGANDA

The Associated Press published a very misleading report on all of this yesterday:

“The theory is rooted in the fact that the U.S. Constitution grants state legislatures the power to decide how electors are chosen. Each state already has passed laws that delegate this power to voters and appoint electors for whichever candidate wins the state on Election Day. The only opportunity for a state legislature to then get involved with electors is a provision in federal law allowing it if the actual election ‘fails.’”

Bunk. Here’s why; all of the Supreme Court Cases linked above state that the Legislature can take back the power to determine how electors are appointed “at any time”, before, during, or after, the people have voted in a popular election to choose Presidential Electors. The failed election statute, 3 USC §2, operates as an extension of time should the State hold an election that does not result in electors being appointed on Election Day. It does not confer the power to determine appointment, it only extends the deadline to do so, while reiterating the pre-existing plenary authority of overseeing appointment.

No electors were appointed on Election Day, the day prescribed by 3 USC §1, upon which electors “shall be appointed”. According to the statute, the election has failed. But §2 grants the Legislatures an exclusive extension to use their Constitutional powers. Congress did not give this extension to the Secretaries of State, the Attorney General, or the Governors.

The extension of time was granted exclusively by Congress – in 3 USC §2 – to the State Legislatures. The other state officials must stand down as soon as the Republican controlled State Legislatures resume their Constitutional power.

THE CIRCUMSTANCES IN 2000 VS. 2020

“‘This is so clear about who has the responsibility to do this in an environment where there is a contest,’ Mr. Bush said.”

…the Legislature had an unambiguous obligation under the United States Constitution to step in and select electors…”

In the Bush v. Gore contest, it was simply a very close election. Officials were counting. And they were doing it right. Republican ballot examiners on one side of the table; Democrats sat on the other side. They examined the ballots together. This was a fair process. This was American. This was justified. The Supreme Court had not determined the outcome yet. No fraud was alleged. It was simply a close election.

Regardless, according to the New York Times, the Florida Legislature made the decision to use the nuclear option, before the recount was complete, and before the Supreme Court issued their final ruling. And there wasn’t anything that could be done to stop them, because the Constitution unambiguously grants the State Legislatures this authority. It just so happened that the Supreme Court stepped in to end the recount, but according to the reporters, Barstow and Sengupta, the Legislature was on record as having committed to seating the Bush electors despite the recount.

Ponder the brazen political motivations involved. The Governor of Florida was the candidate’s brother. And the Florida Legislature was stepping in to stop the recount of a free and fair election for purely political purposes. And somehow, the main stream media was not very worried at all. The balanced report written in the New York Times by David Barstow and Somini Sengupta proves they were calm, objective, and focused. And the GOP leadership said the Florida Legislature had “an unambiguous obligation” to seat the Bush Electors.

Now compare that situation to the current contest we are facing. Not only has this noble obligation vanished, the very suggestion is being undermined by Republican state level leaders (see below), despite there having been more evidence of blatant, in your face, systemic election fraud nationwide, than we have ever seen before.

Much of this evidence comes in sworn affidavits. More is being kept from the American people by partisan officials.

The comparison is startling: in 2000, the Florida Legislature was committed to stopping a truly fair recount, and they were praised by the Republican establishment, while the media played the passive observer role. Contrast that with the current scenario in 2020; growing stacks of sworn fraud/intimidation affidavits, multiple instances of online votes being switched – where multiple races have been decided by correcting these flippy machines – and even violations of court orders – and suddenly the Constitutional duty of the State Legislatures is no longer a brave and justified option?

Of course it’s justified. That’s why it is under attack. The opposition fears a Statehouse awakening more than anything. Why? Because if invoked, it’s over. They lose. The Republican controlled State Legislatures, without question, have all the power. Are they really going to fold the winning hand while staring at the Dems’ losing cards face up?

Article 2; §1, was designed to safeguard the events of 2020, not 2000. That is obvious. So what has changed? Nothing but the names. The Bush name is as deep state as you can get, whereas the Trump name is deplorable. But we all know this isn’t about Trump. It’s about us. We are being punished for breaking free of the establishment and choosing a new path. The media is now in full propaganda mode, fully unmasked. Things can never go back to the way they were.

We are in the midst of a full on intellectual civil war being fought on a technological battlefield. These independent blogs, aggregators, broadcasters, reporters in the trenches, are using choked bandwidth to fight the silicon valley RedCoats. And yes, the deep state is threatening physical violence too. Mob intimidation. But we can peacefully defeat them. There are more of us. Their numbers are an illusion. Their propaganda is transparent. We don’t need violence. We just need courage and stamina.

Make no mistake about it. They don’t want a fair count. The deep state prefers to cheat. It feels better to them.

Are there enough deplorables in the State Legislatures to save the day? That is the main question.

It’s the constituents, those who placed a huge bet for the future of their families on these State representatives and senators. It’s all up to them now. Can they find a way to be heard when the media is stacking the microchips, cables, wifi and 4g against them?

Yes. But it’s going to take an analog effort. This is vinyl records vs download music; 35mm celluloid vs 4k video. Emails, phone calls and tweets won’t do it. You need to show up. 24 hour vigils at State Houses in Michigan, Pennsylvania, Georgia, Arizona and Wisconsin. Crowds like yesterday camped out for weeks. This is what it’s going to take. And if they should succeed, here’s the road map to a fair count.

LEVERAGE IS THE WAY FORWARD

The State Legislatures must use the leverage of the nuclear option to force state officials to obey. This is like a hand of poker where the State Legislatures are holding the stone cold nuts, and the Dems/Anti-Trumpers are drawing dead. The Florida Legislature knew how to read their cards. They were ruthless in their pronouncement of authority.

The Republican controlled State Legislatures should exercise greater wisdom and restraint than the Florida Legislature did in 2000. They don’t to need to fire the nuclear option at this moment, they just need to leverage it. Hold press conferences. Announce to the nation that you understand the plenary power granted by the Constitution. Confirm the exclusive statutory extension from Congress. Seize the evidence right now to steer the country towards a fair count of only legal votes. Be judge and jury. Hold hearings. Cross examine witnesses. Look at the ballots, the signatures, processes, video, audio. And do this on live TV.

Or they can cower in fear continuing the lie, sleeping with the main stream propaganda droids, pretending they don’t have the power to fix this, and living in infamy forever.

LEGISLATORS MAY NEED TO BE CONSTITUTIONALLY ENLIGHTENED

Arizona’s Republican House Speaker, Rusty Bowers, sounded utterly confused in a quote published in the AP propaganda piece:

“‘I do not see, short of finding some type of fraud — which I haven’t heard of anything — I don’t see us in any serious way addressing a change in electors,’ said Rusty Bowers, Arizona’s Republican House speaker, who says he’s been inundated with emails pleading for the legislature to intervene. ‘They are mandated by statute to choose according to the vote of the people.’”

What statute overrides the Constitution? None do. I’m hoping he was misquoted. The United States Supreme Court reaffirmed just this year, in an 8-0 decision, that the power granted to the Legislature regarding electors is plenary, holding:

“This Court has described that clause as ‘conveying the broadest power of determination’ over who becomes an elector. McPherson v. Blacker, 146 U. S. 1, 27 (1892).”

And why are these state legislators always limiting the plenary authority to the nuclear option? Why this thermonuclear myopic view? You are a politician, Rusty. You know what leverage does. It’s the energy source of your profession.

And having been quoted in this egregiously deceptive AP propaganda piece, you have a duty to correct it, or you become complicit in its suppressive intention, even if unintentionally.

This is not going away. There’s too much time left on the clock to run it down. The people took the streets yesterday in a monolithic show of awareness. We aren’t going away. We are getting stronger. We have our own media. We are purging propaganda. We are cutting the cord. We are forming networks.

Please, do the right thing for posterity. History will hold you accountable. Don’t be on the wrong side of it. Read the compendium of affidavits filed by the Great Lakes Justice Center in Wayne County, Michigan. Speak to Sidney Powell and Lin Wood. Do it now. You will hear about fraud.

“In Michigan, legislative leaders say any intervention would be against state law. Even though the GOP-controlled legislature is investigating the election, state Senate Majority Leader Mike Shirkey told radio station WJR on Friday, ‘It is not the expectation that our analysis will result in any change in the outcome.’

Senator Shirkey, why are you pre-judging the evidence? Either you are conducting a comprehensive forensic examination, or you are not. And if you are, then why are you issuing a premature statement about the outcome? This AP quote makes you look like bad, so please correct the record if you’ve been misquoted. And surely you know state law doesn’t control the manner in which you direct the appointment of Presidential Electors, and that state law is completely subservient to the Constitution. Just read Article VI:

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

There has never been election fraud in our nation as blatant, insidious, obvious, and proven by sworn evidence, under penalty of perjury, as this. These are your constituents in Michigan filing these affidavits at great risk to their lives and to their families. You are their representative. Help.

If we lose the integrity of our electoral process, this country, as a true republic, will cease to exist. These good people of Michigan have risked being doxed, hunted, canceled and destroyed, so that our posterity might have meaningful elections, instead of the zombie franchise we have become.

[Published by LD – Nov. 15, 2020 at 10:52 AM ET]

The Republican Controlled Legislatures Hold All The Cards: Dems Are Drawing Dead

Posted in Uncategorized on November 13, 2020 by naturalborncitizen

The Great Lakes Justice Center action was tossed out by one of the worst rulings I have ever seen. The judge made no attempt to question witnesses or judge their veracity outside of the pleadings.

This decision is very troubling, because the evidence was perfectly presented, and it was staggering. The affidavits are powerful. This is real evidence, not conjecture. And the case is bringing light to bear on the fraud. I am happy they are appealing immediately. The longer the case exists, the more sun comes to the fraud.

But please understand that all of these valiant law suits are truly somewhat of a second front attempt, because absolute plenary power rests in the Republican controlled State Legislatures… if they would simply use it. The Republican controlled State Legislatures must say the magic words, “We command you Secretary of State to _________” ….and then you can fill in that blank with virtually ANYTHING the Legislature wants done; hand count, exclude late ballots, redo election, or the nuclear option of choosing Trump’s electors, and only then will it be done. 

Of course, if the State Legislatures simply ask, rather than order, then the SOS, AG & Governor can tell the Legislatures, “No, we ain’t doing it.” And if the Legislatures then tell their constituents, “We did our best, but they just wouldn’t help,” then that docile response will be the means by which the Legislatures direct the manner upon which the electors are appointed. That is acquiescence. Passive acquiescence is action. Since the Constitution, 3 USC §2, and solid Supreme Court precedent grant the Legislatures plenary authority to determine how the electors are appointed, this obscene acquiescence will be their choice.

This is why the Republican controlled State Legislatures must use the magic words, “We order you…”

The Republican controlled Legislatures hold all the cards. The Dems are – in poker terms – drawing dead. No outs. It’s only by the cowardice (or worse?) of Republican controlled Legislatures, that the Dems appear to be in control.

The Republican controlled State Legislatures must assert their authority; first, by announcing it to the nation; second, by threatening the nuclear option of choosing the electors on their own. This threat of thermonuclear Constitutional ballistics will force all of the State Executive Branch servants to kneel, as the Governor, SOS and AG, in each State, serve a ministerial function in carrying out the Legislatures’ will as to the manner under which presidential electors are determined.

And if the Dems want their legal voters to have a chance to be heard, then they should agree willingly to a comprehensive purge of illegal votes. Only by the Republican controlled State Legislatures asserting their power will we get a fair count. This does not belong to the uncertain robes of the judiciary. It belongs in the certain grasp of the Legislatures.

The Republic is teetering on the knife edge between cohesion and collapse waiting for the Constitutional and statutory protection of 3 USC §2 to be utilized for the purpose it was written; the protection of liberty and justice for all.

Leo D’Onofrio 11/13/20 10:49AM [h/t Ren Jander]

The Pennsylvania Legislature Must Stop Asking And Start Ordering.

Posted in Uncategorized on November 12, 2020 by naturalborncitizen

[h/t: Ren Jander/ThePostEmail]

The Republican controlled legislature in Pennsylvania (and this goes for Michigan, Wisconsin, Georgia & Arizona as well) must start using the magic words, “We hereby order the Secretary of State to obey our laws and only count ballots that were received on election day with matching signatures.”

By simply asking the other branches of government to obey, and thereafter accepting the usurpation of their powers when they are denied, this passive behavior becomes the manner they have chosen to determine the appointment of electors. It appears that the Pennsylvania Legislature are hiding in cowardice from their own plenary authority.

And as long as they do not use the magic words, then there is no Constitutional violation regarding the usurpation of their plenary authority.

But if they stop asking and start ordering, then the Secretary of State, Board of Elections and Governor must obey. If they don’t obey, the Legislature will apply for a writ of mandamus ordering them to obey. And that will be granted by SCOTUS, if not the Pennsylvania Supreme Court.

Accurate Article Concerning Plenary Authority Of State Legislatures To Determine Appointment Of Electors.

Posted in Uncategorized on November 12, 2020 by naturalborncitizen

Study this article (it was highlighted by Kane at Citizen Free Press earlier this week) by Ren Jander at Sharon Rondeau’s site Thepostemail.com:

Congress Has Affirmed State Legislatures’ Unilateral Authority to Void Elections at Midnight after Election Day