This is a bit of a longer update, because it is the update I skipped yesterday rolled in with today’s.
I don’t want to speak prematurely, but I think the tide is turning for us this week. We are behind the eight ball, certainly. We should have felt this shift at least a week ago, but it’s not too late if we accelerate and build the momentum that I think is breaking our way. So, what’s been shifting positively?
Today GOP members of the Pennsylvania legislature held a very lengthy hearing at a hotel in Gettysburg. Multiple witnesses testified to election fraud and illegality. Trump attorneys Rudy Giuliani and Jenna Ellis were there to answer questions, and the President himself—who had been scheduled to appear in person—phoned in to provide his own input.
The benefit of this hearing is two-fold.
First, it starts to get the evidence of fraud out to the American people. Americans need to hear what actually happened in this election, and demand for election integrity has to grow in volume. As national outrage builds, our chances of pulling this win back will increase.
Second, the hearing begins to prime the legislature to act, if necessary. It is the legislature’s duty (in PA and around the country) to guard against “cabal, intrigue, and corruption” in the selection of the President of the United States. If there was intrigue and corruption at play in these various states—as the evidence strongly suggests there was—and the vote of the people has been tainted beyond repair, it is the duty of the legislatures to step in and choose their own electors.
I do worry that these hearings could turn into the same type of performative hearings we get from the U.S. House and Senate, that provide political theater and PR for campaign spots, but do little substantively. We have to provide the support and pressure to make sure the legislatures follow through with action, if necessary.
Meanwhile on the legal front, even though the Pennsylvania Board of Canvassers voted to certify the election results, a Pennsylvania judge enjoined any final actions necessary to perfect (i.e. finalize) that certification, pending an evidentiary hearing. She has scheduled the hearing for the 27th. Hopefully those attorneys are on the ball and ready with an avalanche of evidence.
The news out of Michigan is not as bad as it first sounded Monday night. I discovered this by actually reading the opinions of the concurring and dissenting justices in Constantino. Always a good idea. 🙂 Constantino is the case brought by private plaintiffs that sought, among other things, to enjoin the Wayne County certification and to undertake a results audit of the election pursuant to a relatively new constitutional amendment in Michigan that allows voters to request an audit. Since the suit was filed, though, the Wayne County Board certified the election results. First they didn’t certify, then they did certify, and finally the Republicans tried to rescind their votes to certify. Michigan, however, is moving forward assuming the recission is null.
The Michigan Supreme Court refused to hear the appeal from the denial of the injunction, but it wasn’t a sweeping or final denial. The plaintiffs will still be able to fight for their audit and the court retained jurisdiction to expedite appeal. Between the concurrence and dissent there were a number of interesting points that we don’t need to get into here.
These are a few important points, though. First, the concurrence and dissent both noted the disturbing evidence of fraud that was brought forward by this suit. That’s very good. It is good to hear a court worry out loud and on the record, and it sends signals to the legislature to perk up and pay attention. Second, the concurrence made much of the fact that despite the division over the election, the people of Michigan democratically passed this constitutional amendment two years ago, and the transparency and process it provides are obviously something the people of Michigan value and want.
This circles back to my constant point—the courts don’t want to appear to defy the will of the people in difficult issues. Requesting audits and demanding rigorous inspections is not an attack on the democratic process nor is it an attempt to disenfranchise people. We aren’t free people if our elections aren’t fair. As the court noted, fair and transparent elections are obviously a priority for the people of Michigan, as evidenced by the fact they passed this constitutional amendment. It is not illegitimate to seek the relief that Republicans are pursuing.
Of important note. The Michigan Supreme Court is currently majority Republican. Unfortunately, on January 1, 2021, that majority will flip Democrat. We’ve got to move quickly in Michigan.
As you know, there is an ongoing recount happening in Milwaukee and Dane Counties in Wisconsin. I have been hearing positive reports that suggest Republicans are getting a chance to step in and challenge a lot of votes, but at the end of the day, I think Wisconsin can probably only be dealt with via a lawsuit over the illegal votes. The Trump campaign is probably looking to expedite a suit once the recount is complete. Only approximately 20,000 votes separate Biden and Trump in Wisconsin.
Sidney Powell is dropping her first suits tonight.
As I say, it is just a tad early to know how this will develop, but I think the activity we are seeing—the higher courts rumbling about their concerns, Republican legislatures perking up and starting to demand answers, the evidence that has been brought forward percolating out to the people, and the evidence that will drop soon–all suggest that we might finally be turning the corner. If so, it won’t be a second too early, but importantly, it won’t be too late, either.
I want to close with a little bit of precedent. In 1960, it appeared that Richard Nixon had won Hawaii by approximately 115 votes. The state certified the election for Nixon, the governor affixed his signature, and off the results went. A recount that dragged on to late December (the 28th, I believe) ended with a new result: Kennedy won. The state certified the election results a second time (but for Kennedy), the governor affixed his signature, and off the second results went to Congress. Congress accepted the second certification for Kennedy.
I am not telling this story to suggest we should blow off the certifications; it isn’t good to lose even the little battles. I am telling it to make the point that this fight isn’t over. Don’t let anyone tell you otherwise. We are self-governing people. We have the mechanisms, carefully crafted by our Founding Fathers, to fix this disaster if we have the grit. We do not have to accept a fraud on the American people. We still have time if we move swiftly and relentlessly toward our goal.
Ronald Reagan said, “no weapon in the arsenals of the world is so formidable as the will and moral courage of free men and women.” Reagan was thinking of a united America facing hostile regimes abroad, but it applies just as aptly to the Americans who love liberty and love America, facing down people who have corrupted her from within and would lead her into socialism, darkness, and destruction. We have the checks and balances, the legal remedies, and the indomitable spirit, to fight for our country and to win. Let’s keep at it with resolve.
Photo: Mount Vernon–home of my hero, our first great general, George Washington.