Pardon us if we are a little confused regarding the current status of the 2020 election results. We have been saying all along that we are dedicated to following the rule of law. Now, however, we are watching all levels of the Judiciary — who personify the law in the USA – rejecting what appears to many of us as highly suspicious behavior on the part of the vote counters. Some without even hearing the evidence of the plaintiff. These rejections are north of 60 cases, at all levels of the judiciary from Circuit courts to federal appellate courts.
What is going on? And where are the chief law enforcement organizations, the Justice Department and the FBI, who should be leading the investigations into allegations of monumental crimes of election fraud? Instead of leading the search for truth, they are nowhere to be found. Attorney General William Barr, thought to be a non-partisan pillar of integrity, ducks out of his responsibilities by saying that his department could find no crimes which would change the outcome of the election. This without citing any such investigatory efforts.
The only Judge showing enough true grit to hold the state officials to their oath of office is Supreme Court Justice Samuel Alito, who is hot on the trail of the Pennsylvania mess. Of course, the end game of most of these lawsuits will be the actions of the Supreme Court as a whole when some of the current cases have traveled the gauntlet of judicial rejections in order to get standing for the high court to act.
So, here we are, days before the traditional certifications of the electoral college to begin, waiting to see what the Supreme Court will do. Will they accept the case(s) and issue a decision as in the case of Gore v Bush in 2001, or will they also decline to exercise their duty? If they do accept the case(s), what will their verdict be?
The very vastness of the suspected corruption is a challenge which gives everyone pause. What is being alleged is a conspiracy which touches nearly every state in the Union. A pattern of ballot tampering which has eerie similarities in nearly every suspicious state, which in turn strongly suggests central planning. The remedy may mean declaring the entire election null and void! Then what? Another election? Extension of the present terms while the new election is organized. For the first time in American history?
Alternatively, the selective decertification of certain votes among the many cast in person and by mail? Who would enforce strict behavior of the recount and the responsibilities of the poll watchers?
There are other issues as well, particularly the widespread use of the Dominion software (some 34 state users) which has been roundly criticized as an instrument of ballot tampering. A prohibition against use in an American election could cause an upheaval in the many states which relied on this technology to operate their balloting.
The other factor is, if the Supreme Court does accept one or more cases, how will they vote? Will the Chief Justice retain his posture of going with the wind as he has in some notable previous cases? Or will he be guided by the Constitution? What will be the effect of the new Justices on the rest of the Court, if any?
Yes, these are exciting times we live in. But also very confusing.