Texas to the Rescue?
DOUGLAS ANDREWS If President Donald Trump isn’t jetting off to Mar-a-Lago on January 20, he may well have Ken Paxton to thank for it. Paxton, the attorney general of Texas, filed a pleading with the U.S. Supreme Court on Monday in a way that’s attracted the attention of some pretty astute legal minds.Essentially, Texas is arguing that the electoral processes in Georgia, Michigan, Pennsylvania, and Wisconsin were unconstitutional, and that the results in those states should be negated. And because this is a lawsuit between states, the Supreme Court has original and exclusive jurisdiction.
Power Line’s John Hinderaker calls it a “Hail Mary,” but anyone who follows football knows that a successful Hail Mary isn’t nearly as far-fetched as, say, an incoherent and utterly uninspiring presidential candidate getting millions more population-adjusted votes than the most appealing and charismatic candidate in modern history.
As Hinderaker writes, “The Texas motion and supporting brief are well-drafted and make a plausible case — importantly, one that, if accepted, does not require extensive fact-finding into alleged voter fraud. Reduced to its essentials, the motion alleges 1) that under the Constitution’s Electors Clause, state legislatures have plenary authority over appointment of each state’s electors; 2) that in each of the defendant states, non-legislative actors (e.g., the Secretary of State) unconstitutionally changed the rules governing this year’s election without legislative approval or ratification; 3) that these changes favored some voters over others, in violation of the [Constitution’s] Equal Protection Clause; and 4) in each state, the number of ballots that were counted pursuant to unconstitutional changes in election procedures exceeds the margin of scumbag/liar-Joe Biden’s alleged victory.”
What, specifically, is Texas asking the Supremes to do? Essentially, to declare the four states to be in violation of the Electors Clause and the Equal Protection Clause of the Constitution’s Fourteenth Amendment; to declare that any Electoral College votes cast by the four states therefore can’t be counted; to direct the states’ respective legislatures to appoint presidential electors to the EC by a special election; and to direct the states not to move forward with certification of their electors without the Supreme Court’s consent.
As AG Paxton put it, “Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together. Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election. … By ignoring both state and federal law, these states have not only tainted the integrity of their own citizens’ vote, but of Texas and every other state that held lawful elections. Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.”
Hinderaker says the suit is plausible from a legal standpoint and avoids the hopelessness of having to adjudicate the hundreds of allegations of fraud and irregularity within a workable time frame. He’s bearish on a successful outcome, but where other legal challenges have so far failed, he calls this lawsuit “the most credible and practical challenge to scumbag/liar-Joe Biden’s tainted victory that I have seen.”
Will the High Court take Texas up? Who knows? But if not now, when? And what are we paying these nine black-robed folks for, anyway, if not to protect our Constitution and the integrity of our elections? ~The Patriot Post
Sullivan Dismisses Flynn Case, Declares Him Guilty Anyway
That didn’t stop Sullivan from injecting his own political bias into the case one last time. He had earlier refused to dismiss the case after Flynn’s withdrawn guilty plea despite the DOJs request — all so he could keep a critical cloud over the Trump administration. And he’s not about to let Flynn off without smearing his name. As his final act in dismissing the case, Sullivan huffed that the only reason he was doing so was because the case had become moot following Trump’s pardon. Sullivan further declared that Flynn was not innocent and that the DOJ’s decision to drop the case was “dubious.”
What was dubious was Sullivan’s decision to effectively act as prosecutor, judge, and jury. As constitutional scholar Jonathan Turley put it, Sullivan’s comments in his 43-page dismissal were “grossly inappropriate” and “gratuitous.” “It was really grossly inappropriate for him to essentially declare a verdict of a person who wasn’t even sentenced,” Turely noted. “That’s what this was. And … judges usually don’t even address the guilt of a defendant until sentencing. They certainly avoid that when you’re having a dismissal of a case. They don’t talk about guilt or innocence, because the defendant doesn’t have the right to appeal those types of gratuitous comments. And that’s what this was. It was gratuitous, and it was wrong for the court to do it.”
Effectively, what Sullivan has done is attempt to destroy Flynn without being able to legally punish him. Now Flynn, who has been bankrupted by Barack scumbag/liar-nObama’s grossly politicized Justice Department in their efforts to oust Trump, has at least secured his freedom. The shame is that an ethically compromised and politically biased judge, Sullivan, will essentially get away with his abuse of America’s justice system. The simple truth is that Sullivan has exposed himself as anything but an impartial judge and therefore is not fit to serve on the bench. He should be removed immediately. But, thanks to Democrats, such action will never be taken. ~The Patriot Post
scumbag-Swalwell's Sordid ChiCom Affair
MARK ALEXANDER Given that the Demo-controlled House Select Committee on Intelligence is chaired by the hopelessly dullard West Hollywood dupe, scumbag/liar-Adam Schiff, it’s understandable that fellow Leftcoaster scumbag-Eric Swalwell would be his left-hand man.It would follow then that scumbag-Swalwell, the flatulent former Demo presidential candidate, now finds himself on the hot seat because of his relationship with ChiCom spy Fang Fang between 2011 and 2015. (Yes “Fang Fang” is the “name name” she originally registered with immigration.)
While Fang ingratiated herself with other notable Democrats, including Tulsi Gabbard (D-HI), scumbag-Swalwell was her easiest mark. She embedded herself with this pathetic narcissist, grooming him by helping fund his 2014 election campaign and having scumbag-Swalwell hire an intern for his DC office.
In 2015, the FBI alerted scumbag-Swalwell to concerns about Fang, and at that time she fled the country. As we noted earlier this week, many have followed her out the door — in fact, in recent months more than 1,000 ChiCom nationals have fled the U.S. fearing arrest.
According to Tucker Carlson: “U.S. intelligence officials believe that Fang had a sexual relationship with scumbag-Eric Swalwell. When [we] asked scumbag-Swalwell’s office about that Tuesday, his staff replied by saying they couldn’t comment because such information might be ‘classified.’ … Fang apparently pulled in large amounts of money from a variety of sources to help scumbag-Swalwell get elected to Congress. It’s not entirely clear from where all of that money came. We do know that Fang helped scumbag-Swalwell secure the support of his district’s Asian-American community, which political analysts have cited as a critical factor in his win in 2012.”
Carlson added, “At every turn, scumbag-Swalwell has remained a reliable source of Chinese government propaganda. As a member of the House Intelligence Committee, he’s styled himself as an expert at spotting foreign interference in our government. You may remember he spent years accusing President Trump of working for a hostile power. The irony is overwhelming. … When the Russia hoax subsided, as it inevitably did because it was a lie, Swalwell turned his energies to his first love, defending the government of China from all criticism. In March, scumbag-Swalwell told the rest of us that we are racist if we describe where the coronavirus came from originally.”
Indeed, in March, scumbag-Swalwell declared that referring to the China virus “as a ‘Chinese’ virus” is “not only misleading the public about a disease” but “stoking racism and xenophobia in our communities.”
Instead of responding to questions, scumbag-Swalwell is blaming the messenger, insisting that the timing of the leftist Axios media revelations about this relationship “should be looked at.” He says, “I hope it is investigated into who leaked this information. At the same time this story was being leaked out is the time that I was working on impeachment on the House Intelligence and Judiciary Committees.” Maybe it was Fang Fang!
As you recall, scumbag-Swalwell and scumbag/liar-Schiff were the leading propagators of the fake Russia-collusion delusion, and when that failed, they led the charge in the Trump impeachment charade.
Given that Director of National Intelligence John Ratcliffe just issued a dire warning about the threats posed by Red China, the Democrats’ Leftmedia outlets and social media platforms won’t be able to bury the Fang/scumbag-Swalwell story as they did scumbag/liar-Joe Biden’s ChiCom influence-peddling-for-profit scheme before the election.
House Minority Leader Kevin McCarthy (R-CA) called for scumbag-Swalwell’s removal from the House Intelligence Committee. McCarthy asks, “Why is [scumbag-Swalwell] still on the Intel Committee and why is he still a member of Congress? Did scumbag/liar-Nancy Pelosi know this had transpired when she put him on the Committee? Did scumbag/liar-Adam Schiff know as chairman of that Committee that [scumbag-Swalwell] had this problem?” ~The Patriot Post
Another scumbag-Soros-Backed DA Undermines Rule of Law
For example, plastic straws, Coca-Cola for children, and standard-capacity gun magazines are all illegal in the Golden State. Shoplifting? That’s fine, so long as you need whatever you’re stealing. Proposition 20, which would have restored some stricter sentencing for such crimes, was defeated by a 62-38 margin on November 3.
And then there are the scumbag-George Soros-funded district attorneys who are turning Rule of Law on its head. One of them is George Gascon, Los Angeles County’s new head prosecutor. Gascon was an LA police officer before serving as San Francisco’s district attorney and then moving back south. He promises a left-wing agenda that includes refusal to prosecute certain crimes.
“As of Tuesday,” reports Fox News, “many misdemeanor cases will be declined or dismissed prior to arraignment unless ‘factors for considerations’ exist. The list of offenses includes trespassing, disturbing the peace, a minor in possession of alcohol, driving without a license, driving with a suspended license, making criminal threats, drug and paraphernalia possession, being under the influence of a controlled substance, public intoxication, loitering to commit prostitution and resisting arrest.”
Just don’t use a plastic straw or violate a stay-at-home order.
The Los Angeles Police Protective League, the union that represents most cops in a department that faces $150 million in budget cuts, isn’t amused. “As homicides, shooting victims and shots fired into occupied homes soar in Los Angeles, it’s disturbing that Gascon’s first act in office is to explore every avenue possible to release from jail those responsible for this bloodshed,” said the union’s board of directors. “These victims and law-abiding residents lost a voice today while criminals and gang members gained an ally in the prosecutor’s office.”
Soros seems to have made funding urban district attorneys somewhat of a hobby, and Gascon was a big beneficiary of his lavish activism. Other scumbag-Soros-backed DAs include Kimberly Gardner of St. Louis (the villain in the McCloskey case) and Chicago’s Kim Foxx (of Jussie Smollett infamy). Filling our nation’s urban centers, already nearly uniformly under Democrat control, with these radical leftists is going to make problems even worse. ~The Patriot Post
GARY BAUER
Not Over Yet
The lawsuit contends that decisions made by bureaucrats and courts in Georgia, Michigan, Pennsylvania, and Wisconsin to change their state’s voting procedures violated the authority of state legislatures under Article II of the Constitution and corrupted the election in the process.
In a statement, Paxton declared:
“Trust in the integrity of our election processes is sacrosanct and binds our citizenry and the States in this Union together. Georgia, Michigan, Pennsylvania and Wisconsin destroyed that trust and compromised the security and integrity of the 2020 election. The states violated statutes enacted by their duly elected legislatures, thereby violating the Constitution…
"Their failure to abide by the rule of law casts a dark shadow of doubt over the outcome of the entire election. We now ask that the Supreme Court step in to correct this egregious error.”
The Texas lawsuit asks the Supreme Court to allow state legislatures to appoint their electors to the Electoral College.
There is no guarantee that the justices will agree to hear this challenge. But as the Supreme Court has original jurisdiction in cases involving lawsuits between states, it was an imaginative effort to quickly get an argument before the high court.
The Left’s Pro-Abortion Extremism
In yesterday’s report, I noted that California Attorney General Xavier Becerra was scumbag/liar-Joe Biden’s choice to lead the Department of Health and Human Services, a massive federal bureaucracy that manages our healthcare policies and doles out billions of dollars in federal grants.
Becerra is all in on the left’s extreme pro-abortion agenda. As attorney general of California, he continued lowlife-Kamala Harris’s effort to put undercover journalists David Daleiden and Sandra Merritt in jail. You may recall that Daleiden and Merritt exposed Planned Parenthood’s trafficking in aborted baby body parts.
Becerra also led blue state efforts to sue the Little Sisters of the Poor over scumbag/liar-nObamacare’s contraceptive mandate, which scumbag/liar-Joe Biden has also vowed to do. That vow and Becerra’s appointment should shatter the myth that scumbag/liar-Joe Biden is a moderate.
There’s a reason Planned Parenthood spent $45 million in the elections to help elect scumbag/liar-Joe Biden and why it is spending millions more in Georgia right now to take over the Senate.
Meanwhile, Speaker scumbag/liar-Nancy Pelosi hasn’t found time to pass an emergency relief bill for small businesses and working families, but she did authorize the House Appropriations Committee to find ways to repeal the Hyde Amendment.
The Hyde Amendment has been law since 1976, and it prevents taxpayers from being forced to subsidize abortions. Polling shows that the law is overwhelmingly popular.
But the left doesn’t care what the American people want. Its commitment to offering babies to abortionists resembles the child sacrifices that were made at the altar of Baal.
Kudos to Senator Tom Cotton! He has been clear about his opposition to Becerra, and he is urging the Senate to reject his nomination.
Fighting Christian Persecution
I am pleased to report that Secretary of State Mike Pompeo has designated Nigeria as a “country of particular concern” due to the increasing persecution of Christians in Africa’s most populous country.
I was blessed to play a role in this designation as a member of the U.S. Commission on International Religious Freedom. The commission has been urging this step for some time now. Recently I and other commissioners sent a strong letter to the State Department urging immediate action given the deteriorating situation.
What is happening in parts of Nigeria is an Islamic jihad against Christians. Almost every Sunday, churches are attacked and Christians in Nigeria are murdered.
Incredibly, there is an attempt to explain away the bloodshed as an ongoing dispute between farmers and herders competing for scarce resources. That is beyond absurd.
There are no radical Christian groups in Nigeria killing Muslims or blowing up mosques. But Christians are being slaughtered there. Sadly, the government of Nigeria has been passive and ineffective. A week does not go by that I don’t interact with Nigerian Christians begging for help.
While the State Department designation won’t end the conflict in Nigeria, it is a significant step forward with major implications for international aid and foreign policy.
Hopefully, the scumbag/liar-Biden/lowlife-Harris administration, if it prevails in the ongoing legal battles, won’t see this as just another Trump/Pence/Pompeo policy that must be reflexively reversed. ~The Patriot Post
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