Despite assurances from many smart people I genuinely respect, I am worried that the Trump Campaign is placing too much focus on the legal battles rather than what really matters; gathering enough evidence of fraud to convince State Legislators in MI, GA, WI and PA that the election “results” are not the result of a free and fair process and should be set aside.
So far, we’ve seen numerous lawsuits about technicalities and securing recounts, instead of preparing the ground for *audits.* To be clear, there is no amount of lawyering that will get a judge to set aside the results of an election based simply on statistical anomalies.
So while the lawyers are definitely needed, due to the time crunch, in the next few days, they’ll need to step back and give way for the accountants, statisticians, data analysts and forensic investigators to do their jobs. What the lawyers’ are supposed to do is gain access to Board of Elections’ documents and records, tabulation machines’ software and logs, and the actual physical ballots themselves for Trump’s teams of experts to go through.
The fact that Giuliani and Co. apparently haven’t even asked for the securing of these pieces of evidence against tampering thus far is … profoundly disturbing.
At this point, there’s certainly enough big picture statistical/data evidence to secure an order for investigative access from a judge. This is where the Trump team appears to be floundering; they’re getting caught in the trap of having to prove that there are enough *specific* cases of fraudulent voting to overturn the results without any access to the system, data and contents to do so. The Trump team needs to convince a judge that there are enough red flags in the numbers and data to justify an in-depth look; this is no different from accounting.
And given the time, when it comes to convincing a judge, the Trump team should aim high and try and convince a Justice.
Most people are not aware that each SCOTUS Justice serves as a “Circuit Justice”; with at least one Circuit under his/her supervision and he/she can single-handedly issue stays and orders in that Circuit pending review, e.g. Alito (as Circuit Justice for the 3rd District) ordering the segregation of post-Election Day ballots in PA. I am not a lawyer, but from my understanding, especially given the circumstances, nothing stops Trump’s lawyers from appealing directly to the Justice in whose supervised Circuit an affected state or territory is in, for orders to state and local authorities to provide the necessary access for their investigation.
So if Trump’s legal team wants orders to access the ballots and the tabulation machines and election documents and records, they can take their case directly to Alito (3rd Circuit) for Pennsylvania, to Thomas (11th Circuit) for Georgia and Kavanaugh (7th Circuit) for Wisconsin. Michigan is in the 6th Circuit which is overseen by Sotomayor, but the President’s legal team should certainly apply to her chambers as well.
Bottomline; given the numerous statistical anomalies✱ in the tabulation data of specific Democrat-run counties, the unexplained count stoppages on election night, literally incredible turnout percentages, statistically impossible margins for Biden, documented evidence of long deceased residents voting, the barring, obstruction or ejection of Republican observers from counting centers, witness accounts of ballot boxes delivered in the dead of night, implausible numbers of ballots with just the Presidential race or just the Presidential and Senatorial race marked, not to mention hundreds of sworn affidavits of alarming irregularities by witnesses, real in-depth methodical investigations are called for.
✱ Please read Scott Hounsell’s analyses of the results in GA, WI, MI and PA.
An order by a Federal judge, especially a Justice, will be enforced by the DOJ. This will, presumably, allow Bill Barr to send teams of US Marshals and FBI agents to impound and secure everything, and provide necessary expert support and serve as witness against foul play for (and against) the expert teams as they winnow through it all.
The clock is ticking.
Again, I’m no lawyer, and I have no insights into the legal strategy of the Trump Campaign, but what am I missing?