In the end federal case law may offer the only relief from a president-elect’s wrongdoings.
We have a president-elect guilty of acts of warfare against America.
Americans should now recognize that we have a president-elect engaged in wrongdoings. Wrongdoings that do not require further investigation. We have a president-elect guilty of – actively and enthusiastically aiding and abetting a foreign government’s plot against America, – guilty of acting as an active enabler of a foreign government’s attempts to subvert free American elections, – guilty of denying, distracting and refusing to investigate government improprieties, and guilty of politicizing and delegitimizing acts of warfare against America while actively supporting a foreign government’s attempt to undermine American democracy. All of these charges can be factually supported directly from the public record of statements, actions, and behaviors of the president-elect. All of these charges are actionable by the US Supreme Court, using existing federal case law to find Trump guilty of actively and enthusiastically aiding and abetting a foreign government’s plot against America.
RELATED ARTICLE: MARKS v. STINSON | 19 F.3d 873 (1994)
We have a president-elect complicit of and participating in foreign interventionism.
To date, multiple intelligence community assessments have been released detailing allegations that Russians in the highest echelons of the Kremlin did in fact interfere with the 2016 presidential elections all of which at various times were presented to Trump. While no direct and undeniable evidence has yet surfaced to prove Trump, or any Republican for that matter, was directly involved, there is overwhelming indirect evidence that Trump and his associates are complicit of and participated in the alleged Russian activity. The full breadth and scope of this Russian involvement is still unknown to the American electorate who now find themselves searching for possible legal remedies available to deal with a president-elect proven to have engaged in fraudulent or conspiratorial conduct that supported foreign interventionism, and who’s behavior has proven to have had some outright effect on the outcome of the American electoral process. Americans should understand that there exists no clear constitutional remedy to reverse the certification of a presidential election.
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We have the federal case law to bring to trial a president-elect.
However, at least one federal court decision suggests there may be some federal case law on the question of whether it is possible to invalidate the outcome of a presidential election after the fact when there is evidence of wrongdoing on the part of a president-elect. This case law deliberates interesting rationale that could theoretically be applied to Trump if it can be shown that he is guilty of any wrongdoing. This case law demonstrates that the courts have a constitutional responsibility to intervene in the electoral process if: 1) the will of the electorate is not reflected in the outcome; 2) wrongdoing occurred to benefit one candidate and harm the other; and 3) the benefited candidate knew or conspired to the wrongdoing. This constitutional responsibility exists to allow the courts to order a new special election, even at the presidential level. The first and only time in the history of the courts when the courts exercised this constitutional responsibility to reverse the outcome of an election was in 1994 in the case of Marks v. Stinson.
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In this 1994 case the courts choose to intervene and invalidate a 1993 state senate election due to the winning candidate being found guilty of committing election fraud. In this particular case the winning candidate and his campaign team were found guilty of intentionally failing to enforce election laws, and hurrying to certify the winner in order to mislead the electorate. It does not take much of a leap of faith to draw a parallel to the Republicans being aware of the CIA’s conclusion that the Russians had intervened in the elections thus CAUSING ELECTION FRAUD TO OCCUR yet the Republicans quickly moved to cover this up and opted to immediately confirm Trump as the president-elect.
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The president-elect must be overturned for wrongdoings.
In her history, America has never experienced a case of first impression with regards to the presidency being overturned due to wrongdoing by a president-elect. America’s constitutional construct also contains no constitutional process or system to guide the American electorate in this situation. But the constitutional logic currently supporting our historical federal court’s case law may prove to serve us well now in our time of trouble. Granted, it is not entirely clear from a constitutional point of view how this case law could impact a presidential election. However, the courts have clearly established it is within their constitutional responsibility and authority to overrule the results of an election and to order new special elections, even at the presidential level. The courts have reiterated that “protecting the integrity of elections, particularly Presidential contests, is essential to a free and democratic society.” In the end the last remaining question is – When will the courts “walk the walk”?
RELATED ARTICLE: 2016 election and rightful winner
We are now headed towards America’s first Culture War and possibly a new Civil War.
While some readers may view this article as just political prognostication, at some point, we all must put country ahead of politics and all agree that our constitution means something beyond parchment. With the daily waterfall of chaos cascading upon our national populace, the American people need to consider their own strategy BACK TO DEMOCRACY.
Paul Cogan is a writer for the republicandirtytricks.com and is based in Toronto, Ontario, Canada. He specializes in coverage of political, economic, and environmental news. You can contact him by following him on Facebook at https://www.facebook.com/paul.f.cogan.
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