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The Trump administration, the Republican Party, and private institutions and individuals have sought relief from the courts to impune the gross electoral irregularities of the 2020 election in at least six key battleground states. These challenges have, for the most part, not achieved the desired results of the petitioners. Democrats, their mass and social media operatives, the techno tyrants, and some never-Trump Republicans have claimed victory. Regarding the argument that in the judicial realm, these petitions have been dismal for the Trump team, this is clearly the case. However, on the more paramount question of the systemic electoral anomalies in Pennsylvania, Michigan, Georgia, Arizona, Wisconsin and Nevada, the charges of fraud have not been disproven or debunked.
The reason that the most pressing matter at hand, the presumptive issue of fraud, has not been invalidated is because it has not had its day in court. In other words, the judicial court case losses for the Trump team have been due to technical, procedural, jurisdictional, remedy and/or time-related matters. This includes the recent Supreme Court decision not to listen to the Texas case. Regarding the specific merits of fraud, where a court has heard from witnesses, examined the evidence presented, followed due process, and thereby rendered a decision based on the specific matter of whether fraudulence occurred in this election in the affected states, this has not taken place yet. To stress the point further for the purpose of clarity, the exercise of fraud to help elect Joe Biden is a matter which has not been refuted.
Categorically, one can responsibly conclude that the rule of law in the U.S. has been ruptured. In addition to the sham that has been the 2020 election, the authoritarian lockdown executive edicts in certain Democrat strongholds, the political tolerance exercised towards the flagrantly Communist Black Lives Matters and Antifa spring/summer insurrection and the ensuing ideologically prejudiced application of the law, has made a mockery of the once bedrock solidness of the American constitutional order. Civility, law and order, and the legitimation that honest elections bestow, has now been dealt a massive blow with the malfeasance witnessed.
To be unambiguously clear, one can only explain the draconian anomalies present in this presidential election, as through a coordinated scheme carried out in a targeted fashion. The three main mechanisms for this feat were: (1) mail-in voting; (2) Dominion software voting machine manipulation; (3) and unconstitutional maneuvers by the executive and/or judicial branches to change state electoral laws.
In specific terms, this is how the 2020 election was tampered with: illegally harvesting votes; signing ballots for persons without their consent or knowledge; denying entry to Republican observers for vote counting (a legal right); casting false votes from deceased persons; altering dates for absentee voting; little or no verification of ballot signatures; the dumping of mysterious votes in early morning hours arriving by truck; tutelage of voters at the polls; excessive distance between Republican observers and the tabulating tables; the utilization of ballot drop-off boxes without proper chain of custody transfer accountability; systemic failures in the Dominion software that computed the votes; erratic outbursts in the numbers of votes appearing during the counting for short periods of time; the disappearance of votes meant for Trump; the usurpation of the power of the legislative branch by the judicial and executive branches, in effect, rewriting the electoral law (unconstitutionally); and the extension of the date for receiving the votes on election day (unconstitutional).
This rampant electoral shenanigans are substantiated by four types of evidence. First, there is testimonial evidence. This is composed of first-hand witnesses who have, under oath and penalty of perjury, signed affidavits and/or given verbal testimony. The second kind of evidence are video footages of numerous electoral improprieties and/or crimes such as: denying Republican observers’ entrance to vote tabulation centers and obstructing reasonable accessibility to comply with state laws and review the counting and vote validation process; postal workers facilitating ballots to unauthorized people; bizarre movement of ballots without observer presence, etc. Another form of evidence has been the “glitches” and other phenomena stemming from the Dominion voting machine software. The last type is statistical evidence. While this is circumstantial in nature, statistical data analysis composes empirical evidence from past electoral experiences that comfortably pass all tests of rationality and logic.
Can a democracy long endure with the permanence of election fraud? Not for long. A sociopolitical model of popular self-government cannot withstand the destructive effects of coneivance. Once it is clear that the path to victory is delineated through electoral trickery, elites will take notice and adapt to the new norms. The republican social contract becomes inert. That lays the groundwork for one of two outcomes: a failed state or tyranny. State legislatures bear an enormous weight these days. They ultimately are constitutionally empowered to choose the electors (Article II, Section 1.2).
The President, using his emergency powers, can also act and seek a thorough accountability process of the electoral irregularities, which have materialized, much more in a comprehensive fashion, than on an isolated basis. It is imperative, though, that someone not allow fraud to become the new electoral norm in the United States.
Julio M Shiling, political scientist, writer, director of Patria de Martí and The Cuban American Voice, lecturer and media commentator. A native of Cuba, he currently lives in the United States. Twitter: @JulioMShiling // Julio es politólogo, escritor, director de Patria de Martí y The Cuban American Voice. Conferenciante y comentarista en los medios. Natural de Cuba, vive actualmente en EE UU.