Sen. Rand Paul (R-KY) on Wednesday, during a Senate hearing on election integrity, said he believed that the 2020 presidential election “in many ways was stolen” and that “fraud happened.”
“We can’t just say it didn’t happen. We can’t just say 4,000 people voted in Nevada that were noncitizens and we’re just going to ignore it, we’re going to sweep it under the rug and say oh, the courts have decided the facts. The courts have not decided the facts. The courts never looked at the facts,” he said.
“The courts don’t like elections. They’ve stayed out of it by finding an excuse, standing or otherwise, to stay out of it. But the fraud happened. The election in many ways was stolen. And the only way it will be fixed is by, in the future, reinforcing the laws,” he said.
Paul said courts have been historically reticent to get involved with elections and look at fraud, but he hoped they would look at the question of whether non-legislators, such as secretaries of state, can change state election laws without the approval of the legislature.
“This happened in many, many states. Probably two dozen states decided to accept ballots after the election. Two dozen states decided they could mail out applications or mail out ballots, all without the will of the legislature,” he said.
Ken Starr, a former U.S. circuit judge, 39th solicitor general of the United States, and special counsel for the Whitewater investigation into the Clinton administration, said the Constitution is very clear that it is the prerogative of the state legislatures to determine what the election rules and laws are.
“That was, I must say, flagrantly violated in Pennsylvania, and perhaps elsewhere, as well,” he said as a witness at the Senate Oversight and Government Reform hearing.
Paul responded, “Yeah, so I think the legal question there is a very easy one to decide. I think even as a physician I can figure out that the secretary of state cannot create law.’
He also called on state legislatures to reaffirm that election law can only be changed by a state legislature and said Congress should hold hearings to make sure state legislatures do that.
“While we will not dictate it to the states, I think we should have hearings going into the next year, hearing from state legislatures, and what they’re going to do to make sure election law is upheld, not changed by people who are not legislatures, and we do have an interest in that,” he said.
Paul also said Christopher Krebs, the former director of the Cybersecurity and Infrastructure Security Agency (CISA), has said it was the “most secure electio,” in terms of internet security and technology, but has not discussed voter fraud.
“I don’t think he examined that. Did he examine non-citizens voting? So to say it was the safest election, sure, I agree with your statement if you’re referring to foreign intervention,” he said.
Paul told Krebs, who also testified at the hearing:
If you’re saying it’s the safest election based on no dead people voted, no non-citizens voted, no people broke the absentee rules, I think that’s false, and I think that’s what upset a lot of people on our side is that they are taking your statement to mean, ‘Oh well there was no problem in the elections.’
“I don’t think you examined any of the problems that we’ve heard here. So really you’re just referring to something differently is what–the way I look at it,” he concluded.