Welcome to Day +26.

Election fatigue is setting in, but not a loss of hope as people, despite the media blackout and social media censorship, are starting to realize the magnitude of election tampering, which seems only to benefit one side.


Setbacks can sometimes seem like progress when properly spun…

While the United States Court of Appeals for the Third Circuit rejected the Trump campaign’s appeal of a federal lawsuit filed in Pennsylvania that challenged the outcome of the 2020 elections, it did clear a pathway for the case to be appealed to the United States Supreme Court – if they choose to take the case given their reluctance to interfere in elections.

Excerpts from the opinion…

[Donald J. Trump for President, Inc., et al. v. Secretary Commonwealth of Pennsylvania, et al., C.A. No. 20-3371  <Source>]

“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.”

“The Trump Presidential Campaign asserts that Pennsylvania’s 2020 election was unfair. But as lawyer Rudolph Giuliani stressed, the Campaign “doesn’t plead fraud. . . . [T]his is not a fraud case. Instead, it objects that Pennsylvania’s Secretary of State and some counties restricted poll watchers and let voters fix technical defects in their mail-in ballots. It offers nothing more.”

“This case is not about whether those claims are true. Rather, the Campaign appeals on a very narrow ground: whether the District Court abused its discretion in not letting the Campaign amend its complaint a second time. It did not.”

“Most of the claims in the Second Amended Complaint boil down to issues of state law. But Pennsylvania law is willing to overlook many technical defects. It favors counting votes as long as there is no fraud. Indeed, the Campaign has already litigated and lost many of these issues in state courts.”

The Campaign tries to repackage these state-law claims as unconstitutional discrimination. Yet its allegations are vague and conclusory. It never alleges that anyone treated the Trump campaign or Trump votes worse than it treated the Biden campaign or Biden votes.

And federal law does not require poll watchers or specify how they may observe. It also says nothing about curing technical state-law errors in ballots. Each of these defects is fatal and the proposed Second Amended Complaint does not fix them. So the District Court properly denied leave to amend again.

“Voters, not lawyers, choose the President. Ballots, not briefs, decide elections. The ballots here are governed by Pennsylvania election law.

No federal law requires poll watchers or specifies where they must live or how close they may stand when votes are counted. Nor does federal law govern whether to count ballots with minor state-law defects or let voters cure those defects.

[OCS: This is the core issue. The State of Pennsylvania did not have adequate safeguards against fraud, including bi-partisan monitoring of election proceedings. No, the State wants its electorate to accept possibly fraudulent votes and ignore the well-documented misbehavior cases. That the State is complicit in alleged illegal election activities is an issue that needs to be addressed in the legislature, which created the election rules and regulations, not the courts.]

Those are all issues of state law, not ones that we can hear. And earlier lawsuits have rejected those claims. Seeking to turn those state-law claims into federal ones, the Campaign claims discrimination.

But its alchemy cannot transmute lead into gold. The Campaign never alleges that any ballot was fraudulent or cast by an illegal voter. It never alleges that any defendant treated the Trump campaign or its votes worse than it treated the Biden campaign or its votes. Calling something discrimination does not make it so. The Second Amended Complaint still suffers from these core defects, so granting leave to amend would have been futile.

And there is no basis to grant the unprecedented injunction sought here. First, for the reasons already given, the Campaign is unlikely to succeed on the merits. Second, it shows no irreparable harm, offering specific challenges to many fewer ballots than the roughly 81,000-vote margin of victory. Third, the Campaign is responsible for its delay and repetitive litigation. Finally, the public interest strongly favors finality, counting every lawful voter’s vote, and not disenfranchising millions of Pennsylvania voters who voted by mail. Plus, discarding those votes could disrupt every other election on the ballot.

Response from the campaign…


My take…

The judge’s well-reasoned and well-written opinion is valid. That the campaign screwed up their first pleading and wasted their customary second pleading by withdrawing some of the arguments from the first speaks to inartful drafting and incompetence. That the campaign is fighting to further amend the pleading to cure previous defects is admirable but likely to be a loser in the courts.

The other important claim…

The argument that Pennsylvania’s mail-in voting law—Act 77—violated the commonwealth’s constitution that was filed by a group of Republican lawmakers and candidates appears to be in play, with Pennsylvania Commonwealth Judge Patricia McCullough, who ordered a halt in certification, noting, “Petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment.” 

In the legislature…

Republicans in the Pennsylvania House of Representatives plan to file a resolution “declaring the results of statewide electoral contests in the 2020 General Election to be in dispute.”

House Co-Sponsorship Memoranda…

THEREFORE, be it RESOLVED that the Pennsylvania House of Representatives—
1. Recognizes substantial irregularities and improprieties associated with mail-in balloting, pre-canvassing, and canvassing during the November 3, 2020 election; and
2. Disapproves of the infringement on the General Assembly’s authority pursuant to the United States Constitution to regulate elections; and
3. Disapproves of and disagrees with the Secretary of the Commonwealth’s premature certification of the results of the November 3, 2020 election regarding presidential electors; and
4. Declares that the selection of presidential electors and other statewide electoral contest results in this Commonwealth is in dispute; and
5. Urges the Secretary of the Commonwealth and the Governor to withdraw or vacate the certification of presidential electors and to delay certification of results in other statewide electoral contests voted on at the 2020 General Election; nd
6. Urges the United States Congress to declare the selection of presidential electors in this Commonwealth to be in dispute.

The first key date to remember is December 14, 2020 …

December 14, 2020: Electors Vote in Their States

Monday after the second Wednesday in December of presidential election years is set (3 U.S.C. §7) as the date on which the electors meet and vote. In 2020, the meeting is on December 14.

Electoral college delegations meet separately in their respective states and the District of Columbia at places designated by their state legislature.

The electors vote by paper ballot, casting one ballot for President and one for Vice President.

The electors count the results and then sign six certificates, each of which contains two lists, one of which includes the electoral votes for the President, the other, electoral votes for the Vice President, each of which includes the names of persons receiving votes and the number of votes cast for them. These are known as Certificates of the Vote, which the electors are required to sign.

They then pair the six Certificates of Ascertainment provided by the state governors with the Certificates of the Vote, and sign, seal, and certify them (3 U.S.C. §§8-10).

The six certificates are then distributed by registered mail as follows: (1) one certificate to the President of the U.S. Senate (the Vice President); (2) two certificates to the secretary of state (or equivalent officer) of the state in which the electors met; (3) two certificates to the Archivist; and (4) one certificate to the judge of the U.S. district court of the district in which the electors met (3 U.S.C. §11).

In other news…

Reading former CIA Director John Brennan’s comments on the assassination of a top Iranian nuclear scientist, allegedly the father of Iran’s nuclear weaponry, reminds me that Brennan appears to be a thoroughly disreputable douchebag and should probably be in prison for his various unconstitutional and criminal acts… including perjury and lying to Congress.


; B-2

Let us not forget the joint CIA/State Department operation in Benghazi, Libya, where Brennan and Hillary Clinton were unconstitutionally and illegally transferring military-grade weaponry to Islamic terrorists to be used in Syria. Brennan has the blood of Ambassador Christopher Stevens and three other Americans on his hands. And an unknown number of wounded who seemed to have disappeared into the swamp. No real investigations or an attempt to bring the attackers to justice. Most disgraceful is that President Obama was nowhere to be found, and lower-level functionaries like Leon Panetta may have ordered American forces to “stand down” rather than rescue Americans under attack.

Bottom line…

As for Biden, before we discuss tomorrow, let's finish today. Life is what happens next.

We are so screwed.

-- steve

“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell

“Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar

“Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS