By Steve Baldwin
We probably won’t know for weeks whether or not any of President Trump’s legal challenges or recounts will succeed in reversing the pro-Biden edge in several states, but one has to admit there is something very wrong about this election. Trump’s legal team is pursuing legal action on some fronts but ignoring some strategies on other fronts. Let’s hope they know what they’re doing.
First of all, every swing state that accepted ballots after Nov. 3 needs to be challenged in court. Indeed, while the Constitution does give the states the authority to establish voting procedures, state law cannot violate federal law, and both the Constitution and various U.S. codes clearly state that Congress has the authority to set the “date,” not dates, for federal elections. Moreover, Article II of the Constitution also clearly authorizes Congress to set a “date” and says the “Day shall be the same throughout the United States.” The words date and day obviously mean one day. While liberal judges in lower courts have ruled that these words don’t matter, it should to the originalists who now dominated the Supreme Court.
Exploiting the COVID crises for political purposes, the Democrats have filed hundreds of lawsuits all over the country in order to completely shatter the single-day mandate thereby creating a mishmash of different deadlines for ballots to be returned. This is clearly unconstitutional, and the Trump team should not only challenge this in Pennsylvania – as they are – but should file a case arguing that ALL states that allowed ballots to be returned or postmarked after the official Election Day, be ordered to reject those ballots.
Secondly, many of the states involved with election challenges are not in compliance with the National Voters Registration Act, which requires states to purge their voter database of inactive voters, dead voters and those who moved out of state. Many states have hundreds of thousands of such voters, and yet these illegal voters were sent ballots, thus creating the conditions for massive vote fraud. Just three months ago, Judicial Watch released a study showing that “353 U.S. counties had 1.8 million more registered voters than eligible voting-age citizens. In other words, the registration rates of those counties exceed 100% of eligible voters.” States that have refused to keep their voter database in compliance with federal law include Michigan, Pennsylvania, North Carolina, Arizona and Georgia, all which happen to be contested states with a high degree of voting irregularities.
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If a state purposely refused to comply with the National Voter Registration Act, then the entire vote count in such states should be challenged in court. The remedy would be for a judge to order the purging of these illegal voters from their databases and then hold a recount with attorneys from both camps overseeing the recount. However, so far I have not seen any challenges based on state non-compliance with the NVRA.
Then there’s the illegal-alien vote. According to an MIT study, we now have at least 22 million illegal aliens in the USA. And, according to several studies, between 6% and 13% are voting in presidential elections. But those studies are at least 6 years old, so we have to assume the percentage of illegal-alien voting may be even higher, especially since leftist groups funded by George Sorors have been registering “immigrants” for years without regard to citizenship. It is believed that between 3 and 4 million illegals are now voting in our national elections.
We do know that in Arizona, for example, there are at least 400,000 illegal aliens and know that anywhere from 12,000 to 52,000 of them are voting. The Trump campaign can expose this by obtaining the voter database maintained by all the Arizona courts and used for sending out jury notices. Those jury notices include a box that can be checked allowing one to be exempt from jury duty if they are not a citizen. We know from past experience that thousands of non-citizens will check this box.
The Trump campaign should demand to see these lists or ask a judge to release them. If not, take that to the Supreme Court as well. This could involve tens of thousands of illegal voters. We now have a Supreme Court sympathetic to the idea that only legal citizens can vote, and the Trump team should make this an issue now or this will haunt our elections for years to come. So far, they haven’t touched this issue. But not only should Trump’s legal team be checking for illegal aliens in the course of the various state recounts, but also for dead voters and those who moved out of state. There are databases that exist for all these groups that can easily be obtained by his legal team.
Finally, we’ve all heard stories about the “Hammer” software, which has the ability to change voting totals during a data transfer. Credible people such as attorney Sydney Powell, Judicial Watch Chairman Tom Fitton and retired Lt. Gen. Thomas McInerney, believe it may have been used in the key swing states. The source for this allegation is a CIA whistleblower named Dennis Montgomery, who testified before Congress about how Obama and Biden used this software to win Florida in the 2012 presidential election.
And yes, there is some evidence that a nationwide conspiracy to steal the election actually occurred. Indeed, a statistical analysis of the election data show Republicans performing incredibly well in some swing states down ticket, but, strangely, the vote count for Trump plummets. The idea the Republicans would have the highest voter turnout in history and vote for everyone from dog catcher to Congress, but then not cast a vote for Trump, flies in the face of everything we know about elections, not to mention Trump’s popularity with Republicans. This, I believe, is evidence that someone hacked into the system in key swing states and moved votes from the Trump to the Biden column, but didn’t bother altering the down ticket races.
If this can be proven, it will go down in history as the largest election fraud ever, and people will be sent to prison. However, the Trump team needs to bring in cyber-hacking experts and gain access to some state datebases in order to prove this occurred. They may have to convince a judge to grant them such access.
And that’s one of the dilemmas we now face. Most courts, and certainly not the Supreme Court, will not entertain cases unless there is concrete evidence of fraud. While I’m convinced the Trump team has solid evidence proving that thousands of dead and out-of-state voters voting illegally, that may not be enough to change the election results. The fraud may be much more extensive than that, but to prove the existence of a nationwide conspiracy to steal the election via a sophisticated software program, the court will demand evidence that will be difficult to obtain without a court order giving the Trump team access to state voter databases. It’s difficult to prove fraud unless the court first acts, but they won’t act until you prove fraud. It’s a big circle.
If that occurs and the judicial branch does not cooperate with uncovering this massive fraud, and the various state recounts and audits fail to uncover the bulk of the fraud, then the Trump grassroots movement needs to switch gears and create a massive pressure campaign to persuade state legislators to intervene. Indeed, state legislators actually have the constitutional right to reject electors chosen in fraudulent elections. The liberals claim electors must vote for Biden if the popular vote for that state favors him, but they’re wrong; the Constitution clearly gives the legislators the power to seat a different group of electors who will vote for Trump. This should be done in Michigan, Pennsylvania, Arizona and Georgia at a minimum, all of which have legislatures controlled by the GOP.
And they will have good cause for doing this. They can point to the numerous Democratic lawsuits attempting to obstruct voter fraud investigations and argue that the courts refused to accept cases that would expose this fraud. Moreover, the legislators can argue that Big Tech companies illegally meddled in the election by blocking many GOP ads and posts and refusing to air negative stories about Joe Biden, such as his complicity in selling access to our No. 1 adversary, China, in exchange for lucrative cash cow deals that enriched his family.
The first thing these state legislators must do is announce that they will not seat the official electors until every vote fraud allegation is resolved and demand an audit of the entire state vote. If the liberals won’t agree to that – and they won’t – then the legislators should exercise their constitutional duty and reject the Biden electors. In fact, I would argue they are not doing their constitutional duty if they recognize electors chosen as a result of a fraudulent election. As the chairman of the FEC, Trey Trainor, stated, “I do believe there is fraud in these places – if the law is not followed it makes this an illegitimate election.”
Indeed, it is clear the Democrats are trying to “run out the clock,” since all states must certify their vote count by Dec. 8. That’s only a few weeks away and may not be enough time for the Trump team to prove the existence of a well-planned effort to steal the election. And it may not even be enough time to weed out the hundreds of thousands of ilegal votes we know were cast.
By Dec. 14, the state electors must cast their ballots, so the fate of America will rest in the hands of the GOP majorities controlling the states of Michigan, Arizona, Pennsylvania and Georgia. If they don’t have the guts to replace the Biden electors with Trump electors, Biden becomes president, and this vast vote-stealing operation will haunt us for every election thereafter.
There has never been so much fraud in an American election in our history, and if we don’t resolve this right now, we will pay a dear price for our inaction.
Steve Baldwin was executive director for the Council for National Policy, 2001-2009, and is a former member of the California State Assembly.
