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Election Day + Five

Five days after the election and things are no clearer

Election Day Ugly Chumps

America is now at Day 5 post election. There is still chaos rampant concerning the election for President and no signing of clearing up anytime soon.

The Associated Press has declared Biden as President-Elect. Other media are reporting AP’s results as if they were legally binding.

The media has no authority to declare a winner in a Presidential Election. That is for the Electoral College to do, and have acceptance of the results by Congress.

On another front, further evidence is coming forth. Anecdotal, statistical and empirical evidence  indicates a massive fraud perpetuated upon the American public and President Trump.

The evidence is so powerful that it indicates support for a wide spread conspiracy theory to deny Trump a second term.

 

Elements of Fraud

On the Day 4 post, I wrote about the elements of fraud. One of the most important elements was that the Plaintiff must be able to allege harm in the fraud. If not done properly, Courts will dismiss the fraud claim.

Prior to the moment that AP called the election for Biden, the element of harm had not been shown. Everything was still in the counting phase so though fraud could be alleged, there was an “out” for the Court to dismiss the lawsuit because no harm had yet been done to President Trump

With AP calling the election for Biden, Trump now has the “allegation of harm” necessary for full acceptance of the fraud allegation to go to trial. That allegation would be that the fraud “cost him the election.”

 

SCOTUS

SCOTUS has already done a partial review of one court case to reach them. It was the case regarding Pennsylvania and late ballots. PA was required to segregate the ballots, but ignored the order issued by Justice Alito. He has since issued a second order, but there is no indication that PA has changed their methods.

Lawsuits by Team Trump have now been filed in at least 10 different states. More are to come.

At some point in time, likely by the end of the month or first week in December, the lawsuits will be arriving at the door step of SCOTUS. Then it will be decision time to review the lawsuits or dismiss them.

SCOTUS is faced with huge problem that they will not be able to shake. That is the response to whatever decision is made with each lawsuit.

If SCOTUS rules for Biden, then it will be the “Robert’s cabal” in action against Trump. This will add to the growing anger in the country against SCOTUS and the Dems.

If SCOTUS rules in favor of Team Trump, then they will anger BLM and riots will be out of control.

An honest look at the issues for each case would necessarily mean SCOTUS would take up the lawsuits. But then, the age old question that attorney’s always ask………..”What is the remedy?”  How do we make things whole?

SCOTUS has few real options available to them.

  1. SCOTUS may order that ballots be recanvassed or reviewed, but this will take much time. And additionally, how does one determine which ballots were received on time or not, since the ballots have been comingled in many parts of PA?
  2. SCOTUS may order the original election results tossed completely out and new state elections held. This is fraught with problems since it will take an inordinate amount of time to get things together and then vote.
  3. SCOTUS could order a remedy that would require the House to determine who the winner is, but that would again tick off the left and have the rioting resume.
  4. Or, as in Gore v Bush, SCOTUS could order counting and other actions stopped, and leave the results as they exist at the time. In other words, they would “punt” on the election.

Frankly, there are no good answers not leading to either riots or looting, or war between neighbors.

 

Personal Note

As I walk the neighborhood each day and night, I do see many people who voted in this election. Unless we know where the person stands politically, we are reluctant to bring up the subject of the election. But for those who do talk about it, something really shows.

There is a deep despair and underlying anger among the 70 million Trump voters about the turn that this election has taken. The anger is growing stronger with each bit of negative news and each revelation of new frauds being perpetrated against Team Trump.

The anger is a growing wave that will not be easily placated in the weeks and months ahead. It will continue to grow.

At the same time, the election has reenergized the Team BLM/AntiFA group. They are beginning to increase activity, protests and looting. More and more, they are moving into suburban America with their protests.

At some point, a spark is going to set off a major confrontation between Trump voters and the Biden/BLM/AntiFa team. Then all bets are off as to what will happen. But whatever does happen, it will not be free of violence.

And with this, I sign off until the next assessment of the election.

 

 

 

 

 

 
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Written by PatrickPu

Former Loan Officer and currently a Case Consultant and Expert Witness in Foreclosure and Lending Litigation cases. Avid follower of NCAA Football and Top 25 teams.

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