Can SCOTUS Throw Out Dominion-Smartmatic and Mail-in Ballots in their Entirety? (Amended: 11/20)
(Published several hours before the Rudy Giuliani-Sidney Powell-Jenna Ellis press conference, at noon 11/19, which I consider historic as a sea change in this election drama, this essay has been amended because that press-conference serves also as an excellent tutorial on how evidence works in the courtroom, versus how it looks in the media, not to mention also being a very timely pep rally and outline of things to some.
(The path to final victory can be pretty well laid out in your minds now, the only pregnant decisions remaining as to whether these cases will be decided at the state level or the Supreme Court. The Giuliani presser seemed to give the states one last chance.
(But most of the state-cases, because of some sort of suicide pact with their Democratic Party leadership, will be forced to work their way up to the Supreme Court, where it’s decision, as discussed below, because of the voluminous evidence, is almost pre-ordained. Once its decisions are issued, dozens of members of the state political class will come under the scrutiny of criminal investigations, beginning in early 2021, when, by the generosity of the Trump campaign, they have just been given one last chance, with this press conference. The evidence is that overwhelming. I expect they will all retreat to their closets to take stock of their futures and their options.
(If I were a political crook, I sure would.)
(So watch the tone an political body language carefully the next ten days, moving into December.)
(You will also note the Mr Giuliani also added Virginia and New Mexico to his list of states that will be investigated more closely.)
If California wants to wreck its election system, it can. To a point. If Michigan wants to wreck its election system, it can. To a point. Same for Virginia. What they cannot do is wreck the federal election system.
And that is precisely what they have nearly accomplishe.
Question #1: Can SCOTUS Throw out all Ballots handled by Dominion/Smartmatic software?
Question #2: Can SCOTUS Throw out Mail-in Ballots in their Entirety?
Short answer: Yes and Yes, provided ample proof can be provided the Court these systems are not reliable within the accepted range of reliability for distinguishing between legal votes and non-valid votes. Even a range of 10% unreliability in the vote total is not acceptable for awarding a candidate a win, especially if they always seem to favor only one candidate. Since mathematically both systems are designed to be reliable to all candidates equally, if vote computer-based software variances and mail-in ballot variances are so skewed as to be easily deemed unreliable, from one precinct, one county, one state to another, the systems themselves should not be allowed to be used.
Besides law, there’s math to prove this, so I don’t need to into great detail.
In short, one doesn’t have to prove specific fraud, but instead show that fraud (or vote stealing) can occur because of the variations in the ways ballots were counted, and the mathematically implausible variations in outcomes. The anomalies of this election in several states versus elections in the past are too numerous to list here, their historical patterns stretching back over 70 years totally crushed by this election, making many of the election totals unbelievable.
Criminal fraud requires proof beyond reasonable doubt, but the unreliability, (or “stealability”, as I call it) of the systems requires only reasonable doubt in a jury that fraud might occur and that it can easily occur if the minds of those systems handlers and designers, the human element, are pre-disposed to steal.
That a $15/hr factotum, either counting mail-in ballots, or aggregating data from software, reports faulty data, his/her foreknowledge that he/she was doing anything illegal would be a key issue for the jury if they were on trial. (This is usually where vote-stealing cases end, at the bottom of the heap, and only the votes they (mis)handled are considered, measured in the hundreds. Their handler/supervisors, indicating a broader scheme, are rarely scrutinized, let alone charged or convicted.
But if circumstances are shown that the system used could be programmed, or managed from afar, by unseen hands and minds, that proof should invalidate every vote. And the standard of proof to establish this, to a jury or a Court, even the High Court, would be aimed at the ability of those systems of counting, human or technological, to be able to guarantee a 99% sure representation of the voters’ will.
This clearly is not the case in several states in the 2020 election.
The Supreme Court options: 1) throw out the entire election and call for a new election from scratch (probably not feasible), or 2) throw out the elections on a state-by-state basis, and call for new elections (closely overseen) in those states alone, an probably by in-person paper ballots, alone, or 3) throw out only the votes that cannot be proved (see Chain of Custody below) or fail the reliability test if it can be shown that those votes could be algorithmically gerry-rigged afterwards, as in Dominion-Smartmatic’s case. (There are several ways to alter the votes from computer-base problems, and this was known in Virginia at least as early as 2013, when Terry McAuliffe defeated Ken Cuccinelli, for they used computer-based voting machines even though they were known to be unreliable, ostensibly to clear out predicted log jams in, guess where, northern Virginia. The GOP made no squawk, of course. (Bad form.) But we hadn’t heard about that technology since, and had been told that computer-based machines were no longer used. I note that Virginia is among the states heavily invested in Dominion services in this 2020 election. (I have a map, but can’t seem to be able to upload it showing all the VA locations using it. Very widespread.).
In curing this, it is not for Trump lawyers to prove Dominion guilty, but establish a proof as to unreliability, not criminality, shifting that burden of proof to Dominion to prove its software is failsafe (which I doubt it can.) (Issues of criminal conspiracy between Democrat officials and Dominion will be for the criminal process once the election issue is settled. If such is the case, there can be no cure for a Dominion/Smartmatic-fraud, for even if its software can be programmed to behave honestly anywhere the programmers wish, see the large map, it can cosmetically insure that Biden and other Democrats do not win by a blow-out but rather by a reasonable margin…not just to give the aura of fair play, but to leave enough hope in the electorate to believe that if they try harder next time they might win…one of the oldest swindle-games in the book… while the system guarantees that they cannot. )
I like Option 3) better, for there is an element of shaming involved, and it does provide a quicker end of the matter, which has drug on now for over two weeks.
The Court can also do other things, which Trump’s first two Congresses would never have legislated, because of an unfriendly Paul Ryan Republican House and absolutely belligerent Nancy Pelosi Democratic House, neither of which would have allowed legislation about “uniform federal elections practices”…and that is legislation to require UNIFORM rules for the conduct of federal elections in every state; from the limitations on mail-in ballots to absentee ballots-for cause, requirements for citizenship proof, regular purges of voter lists, and of course, standardizing the method of voting, and the processing, counting and reporting ballot totals to the state officials tasked with certifying them….all this consistent with Art 1, Sec 4 of the Constitution. (I think paper ballots still seem to be the most reliable.) The Congress can, if it desires and I recommend, order the states to provide separate voting venues to voting for federal offices, (President, VP, Senate an House) keeping state and local elections off those ballots, and preventing states that allow non-citizens to vote in state/local elections segregated from the federal voting booths. (It would be a shame if non-citizens were allowed to slip over to the federal election booths, which also have been noted in Virginia. At least they were allowed to do provisional ballots, with the help of a translator.)
Such a “Uniform Elections Act” is long, long, overdue and SCOTUS would be well within their power to give Congress 24 months to fix it and the several states to make accommodations for implementing it so we won’t be seeing this kind of nonsense again in the future…except maybe for Clark County Sheriff in Nevada, or somesuch.
DOMINION VOTING SYSTEMS- SMARTMATIC
The featured image map (above) is of states using Dominion systems. Seven of the contested states still in question use Dominion’s systems. Smartmatic, a London-based company, has a history in Latin America, including Venezuela, and are involved in the same 18+ states Dominion is, including the the states still being contested. Their relationship to each other needs to be sorted out, but in trial courts at a later date.
Their machines’ and programs’ presence in the states are not uniformly state-wide. If you can find maps of their locations, you will note they are consistent with urban and university centers of the state. Georgia is the most peppered, Dominion in almost every county, it seems.
Dominion’s role began to come unraveled with a small county in north-central Michigan, Antrim County, which announced on the 8th or 9th that they had discovered a “glitch” and reversed 6000 votes to Trump’s favor. That “glitch” (a common computer term, meaning a sudden, usually temporary malfunction or irregularity of equipment) has since been redefined down to become some miscounted votes of undetermined origin. Nothing to see here…proving the State officials and Dominion had to get moving quickly. Dominion Voting.com only replied Nov 17, with a long count-by-count denial, stating they have been completely cleared by the US Cybersecurity Agency and others, only I don’t think that clearance pertains to the charges that have arisen recently, such as their software having been involved in the stealing of elections in Venezuela, that information also known to the USCA. A real bee’s nest there, I’ll let Trump’s lawyers show the Court their evidence. But the more fundamental question, raised above, as to just whether its programs can be designed to yield just about any desired result, which, by law, makes them 100% unreliable.
There are of course allegations, unproven?, of financial positions Mrs Pelosi and her husband are said to have in Dominion, rumors that Georgia Gov Kemp (Republican Never-Trumper) and cohort Sec of State Rathesberger have been paid for their services with Dominion. Or even that George Soros has a hand in it.
They are all irrelevant to the basic issues here of voting integrity.
The Supreme Court will be shown a prodigious amount of evidence, including sworn testimony from front line workers, including films, and a whole host of court orders and state legislative acts various city counting system simply ignored, all of which will be presented to allow the Court t believe that a particular state of mind existed at the polling places, enough to raise serious doubts about fairness and honorable intentions.
Absentee ballots have been around along time, but for voters who can’t get to the polls, such as shut-ins, elderly, and of course citizens and soldiers abroad.
Now mail-in ballots, as a matter of convenience, for the lazy, far outnumber absentee ballots, and are another area that can be rife with fraud.
With Mail-in ballots, below, not just the erratic numbers, but the chain of custody of votes should be considered, because even the lowliest of trial lawyers like myself know that a piece of evidence that has been in 3-4-5-6 hands in getting from the scene of the crime to the court room cannot even be admitted into evidence until each of those hands that handled can verify it, under oath, with signature verification as it passed from one hand to the other. I don’t think this simple sign-off which police and Army corporals have used for decades, is even required in moving literally millions of votes from the place they were receive, via mail, to the 2-3-or5 places they were moved for final tabulation. The mail-in votes that were counted in these same states went through at least 3 hands, although I’ll wager not a single person who handled them, from the truck to the fork lift to the counting table and thence to the trash cash, can identify a single one.
That alone is a basis for denying their validity once the ground is laid for questioning their authenticity.
And none of the states’ several mail-in-ballot schemes, sanctified by their legislatures, are the same: 1) in terms of how the ballots appear an are printed, 2) the deadlines as to when they have to be returned, more importantly, 3) the process of counting them and 4) reporting them.
At least 18 Blue (Democrat) states have authorized mail-in ballots because this will lesson congestion at polling places, lessening the risk of Covid. I count 8 Red states. Georgia, Pennsylvania, Nevada, Michigan and Wisconsin, one Red and four Blue, amounting to 68 electoral votes, while Virginia and Arizona (24 additional EV’s) are also argued to be at risk of their final tallies changing for other alleged voting irregularities.
This site lists all the states that allow mail-in voting, 1) Ballots automatically sent to Registered voters, NV is on this list, 2) Ballots Applications sent to Voters (including nursing homes and long-term care facilities, where MI has been famous for having a local Democrat handle all the votes in the past), both MI an WI included on this list, 3) States where voters can request a mail-in by mail, with no excuse required…MI an WI also included here, PA, VA, GA, AZ. 4) No contested state is included on the list of states that require an excuse.
I can think of no voting process that is so open to “mismanagement’ than open-ended (#3 above) involving 8 states still in question, mail-in ballots.
It seems to me that the quaint idiosyncrasies of various state laws are actually being use to hide a larger single purpose, of course magnified by some incredible mathematical impossibilities, such a finding after counting ha stopped, 10,000 even 100,000 votes all for just one candidate. Or stacks of votes cast only for the presidential candidate, and the down-ticket races left blank.
It’s not my job to turn this into a 20-page indictment. But it seems that the easiest course for the justices of the Supreme Court is to toss ever vote, EVERY vote, received by the various states in this manner, an declare them invalid, and reduce the total vote for each state by those votes.
Then, as state above, order legislation that Federal Elections shall all be uniform.