Let me be the first to say; I want to be proven wrong and be forced to chomp through huge heapings of crow in the next few weeks. I hope it will (soon) be revealed that Rudy Giuliani, Ellis, Powell, et al, had a cunning plan all along beyond my understanding that is going to show me up for an arrogant know-it-all.
And, to be clear; I will never be happier to be proven wrong. And I will happily take all the ‘I told you so’s, and insults thrown my way for writing this post.
Unfortunately, I don’t think that’s gonna happen.
Let’s not fool ourselves here; Team Trump’s performance since Election Day went beyond the realm of stupid to parody before the end of November.
These people have filed and lost scores of lawsuits in courts at every level and division of government – but don’t lose hope! Giuliani and Ellis promise to file and lose even more (stupid, pointless) lawsuits!
And the worst part about it is that the bulk of the President’s most avid supporters apparently see nothing wrong with this. Most are still praising Giuliani and his crew as heroes instead of the incompetents they’ve proven themselves to be.
The courts made it clear by the end of November that they offered no path to victory for Team Trump. No judge was going to rule to throw out millions of votes absent clear, forensically testable and quantifiable evidence of fraud, no matter the how clever or elegant the legal arguments about deadlines, postmarks, signatures, etc. including even Justices Thomas and Alito.
Even if one concedes that there is no guarantee that the same judges would rule different even with this evidence at hand, the real scandal is that Team Trump made no real effort to find and develop this evidence for the courts of law or public opinion.
This is even after several judges embarrassed them by directly forcing them to deny (on pain of perjury charges and possible disbarment) in the courtroom that they were making allegations of fraud. Even worse, this was after several experts let them know forensic methods and technologies exist to identify, and quantify, fake ballots.
Colonel Phil Waldron (Ret.), an Army trained information warfare specialist, testified at a hearing held by PA State Senators, where he specifically identified “ink analysis of the micro photo spectrometer” on the ballots to identify fraudulent votes. This was under questioning by Rudy Giuliani himself, on November 25th.
And yet, what did Giuliani do afterward?
Did he file, in any court, a request for a judge to order the relevant local election authorities to provide access to the actual physical ballots?
Of course not … that would make sense! Instead he filed another stupid lawsuit asking a judge to set aside the election results … the very same request that had failed two dozen times before!
There are many defending Rudy Giuliani and Jenna Ellis by citing the fact that they’re not election law experts, but this defense fails for at least two reasons.
First, no branch of law is practiced by compiling a sixty-suit losing streak at every level and division of government, and refusing to change course. These people have not only lost every single time, they have not altered their approach in any material way; they’ve basically filed the exact same lawsuit sixty times in multiple venues and lost every single time.
It’s Einstein’s definition of insanity come to life; like watching someone you know to be conscious and sane making his 57th attempt to walk through a brick wall.
Second; Giuliani (and Powell) are/were prosecutors. If any breed of lawyer is supposed to put a premium on forensic evidence over fancy legal theories, one would expect it to be prosecutors, especially when they’re forced to surrender any claim of foul play when confronted on it in the courtroom.
Which brings us to the idiots inundating the comment sections of every major Conservative website attacking anyone expressing any concern about Giuliani’s apparent plan to somehow win the Presidency for Donald Trump by cunningly losing one hundred lawsuits in a row.
Apparently, wanting a change in tactics after three dozen failures is a sign that you’re Mitt Romney. Even dumber are/were those going around sniffing that there is already “enough” evidence, and attacking any demand for Team Trump to secure more forensically substantial evidence. Somehow, these geniuses missed the fact that the President’s own attorneys deny there’s “enough” evidence of fraud and refuse to stand by such claims in court.
What makes it even more egregious is that Giuliani is a former US Attorney. Which means he knows full well that numerous Federal statutes give all sorts of power to his client, the President – either directly or through a Special Prosecutor – to secure evidentiary material in every one of the disputed locales and subject them to forensic examination.
Yet he apparently never advised him to do so, nor did he, as the President’s personal lawyer, where there is no question of his client’s standing as an interested party ask any court to provide access for such an operation to be carried out.
To be clear; not only do existing statutes grant primary law enforcement jurisdiction over all elections with a Federal office on the ballot to the Federal government, Federal law says that all records and documents (which include ballot papers) with regard to any Federal election are to be kept by state and local election authorities for a minimum of 22 months. In other words, there is no legally tenable reason for any state or local authority to deny Federal law enforcement access to such materials on demand.
In fairness to Team Trump; the belief that it is “impossible” to separate real and fake ballots once they’ve been deliberately mixed together by bad actors is still widely held despite not being true since the second Bush Administration.
But again, these are supposed to be the President’s advisers; it is impossible that not one person among them is aware that modern image processing and forensic technology can do exactly that.
Which brings us to Jovan Hutton Pulitzer, who didn’t just pop unto the scene with his testimony in Georgia, who was making his pitch for access to the ballots for forensic examination since almost a month ago. No need for “signature audits”, envelopes, tabulator machine software, logs or supposed servers in Germany – just the ballot papers.
For the many people who are just seeing this man pointing out what modern forensic technology can do for the first time, ask yourselves; how come you never heard of this from Team Trump? How come it wasn’t Giuliani and his team that made the discovery about Pennsylvania’s reported vote count and automated vote count system having a 200,000 vote mismatch?
Could they really be that inept?
Let’s be clear; there is no possibility that not one single member of the President’s legal, campaign or White House teams was aware of Mr. Pulitzer. In case anyone missed it, Giuliani himself was at the hearing in Georgia with Pulitzer.
Yet, from his testimony, it’s clear that Team Trump made no attempt to contact him much less engage his services despite weeks of opportunity to do so well before the certification and Electoral College deadlines and neither have Federal law enforcement moved to secure the ballots in the disputed locales.
NOTE: As of this writing, reports are coming out of Fulton County of the mass shredding of ballots in direct response to Georgia’s Senate Judiciary Subcommittee on Elections voting unanimously on December 30th to have the county’s absentee ballots examined by Pulitzer’s technology – which is a blatant violation of state and Federal law.
So here we are; two or three days away from Congress certifying the election of Joe Biden as the next President of the United States.
And Team Trump continues to neatly avoid any attempt at securing the type of evidence that can make a difference, and is even now planning to file even more useless idiotic lawsuits with the exact same cut-and-pasted arguments for judges to set aside election results and basically declare their client the next President of the United States.
Again, imagine someone you know, with two eyes, a working brain, fully conscious and awake, making his 58th attempt to walk through a brick wall.
How can this not be deliberate?
I hope, with every fiber of my being, that I’m wrong.