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Preparing for a Disputed Presidential Election: An Exercise in Election Risk Assessment and Management
lawecommons.luc.edu ^ | Winter 2019 | Edward B. Foley

Posted on 11/08/2020 8:56:25 AM PST by dontreadthis

This Article considers the possibility that a major dispute over the outcome of the 2020 presidential election could arise, even without foreign interference or some other extraordinary event, but rather just from the ordinary process of counting ballots. Building upon previous research on the “blue shift” phenomenon, whereby adjustments in vote tallies during the canvassing of returns tends to advantage Democratic candidates, it is easy to imagine a dispute arising if this kind of “blue shift” were consequential in the presidential race. Using examples from both Pennsylvania and Arizona, two states susceptible to significant “blue shifts” in previous elections, the article shows how the dispute could reach Congress, where it potentially might metastasize into a full-fledged constitutional crisis. The most frightening scenario is where the dispute remains unresolved on January 20, 2021, the date for the inauguration of the new presidential term, and the military is uncertain as to who is entitled to receive the nuclear codes as commander-in-chief. In order to avoid this risk, Congress should amend the relevant statute, 3 U.S.C. § 15.

(Excerpt) Read more at lawecommons.luc.edu ...


TOPICS: News/Current Events
KEYWORDS: legal; scenarios
This .pdf is posted as a reference article for Freepers. It was written by a Constitutional attorney. It lays out virtually every scenario and option along the timeline from election day to inauguration day. It is long but readable for non-lawyers.
1 posted on 11/08/2020 8:56:25 AM PST by dontreadthis
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To: dontreadthis

Curiously, it was written 1 year prior to the election but its description of the present situation is uncanny.


2 posted on 11/08/2020 8:58:46 AM PST by dontreadthis
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To: All
Trump’s team was more than ready for "the Dem steal."

As a candidate, Trump paid slews of very smart people to protect his interests.

Not only that.......remember, he IS still the president.

Pres Trump had 17 intel agencies at his disposal.....and the buzz is they were on this like white on rice from the get-go.

God knows what evidence the 24/7 ever-vigilant NSA, alone, uncovered.

3 posted on 11/08/2020 8:59:04 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Liz

Wow, you must have been smoking the hopium early today. The intel agencies are out to get Trump. How do you explain the allegations that the CIA was involved in rigging the vote counts in favor of Biden?


4 posted on 11/08/2020 9:00:53 AM PST by dinodino
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To: Liz
"Pres Trump had 17 intel agencies at his disposal.."

There has been no shortage of bureaucratic, partisan "Resistance", active and passive, over the last four years.

Trump and team could have significant trouble extracting any actionable intel from that part of The Swamp.

5 posted on 11/08/2020 9:04:11 AM PST by Paladin2
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To: Liz

And don’t forget this new agency that was created in 2017 - 2018.

https://www.cisa.gov/

I can’t imagine they are not all over this.


6 posted on 11/08/2020 9:04:25 AM PST by icclearly
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To: dinodino

For example, the VOA, which as I understand it is basically a mouthpiece for the CIA, participated in the gaslighting by reporting that Trump, “without evidence”, was alleging election irregularities.

https://www.voanews.com/2020-usa-votes/trump-without-evidence-makes-vote-fraud-claims


7 posted on 11/08/2020 9:06:18 AM PST by coloradan (The Enemy Media isn't chartered to inform but rather to advance the interests of certain elites.)
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To: icclearly

Depends on who chartered them - are they part of the gaslighting team, or are they actually good guys? Note that many Republicans seem to be gaslighting right now.


8 posted on 11/08/2020 9:07:47 AM PST by coloradan (The Enemy Media isn't chartered to inform but rather to advance the interests of certain elites.)
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To: dinodino; Paladin2

Oh, please.......Trump knows better than that.

You can be sure no intel was accepted without a thorough screening by him and his team.

The buzz is intel sometimes “accidentally” latches onto good stuff.......like a China scam.

They apparently traced Biden ballots that emanated from China that were routed to a Chinese consulate in Texas.


9 posted on 11/08/2020 9:09:50 AM PST by Liz (Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Liz

“They apparently traced Biden ballots that emanated from China that were routed to a Chinese consulate in Texas.”

First I heard of this. Could you post a source?


10 posted on 11/08/2020 9:11:18 AM PST by proust (Justice delayed is injustice.)
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To: Liz

Please provide a link for your Chinese ballot claim.


11 posted on 11/08/2020 9:11:20 AM PST by dinodino
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To: dinodino

My understanding, and it may be incorrect, is that this was a DNC operation and not the CIA or at least directly. I think I read that the (D) operatives overseeing the CIA during Obama’s reign acquired it for DNC purposes. Allegedly, the Obama cartel of the DNC wouldn’t deploy it for HRC. The DNC did deploy it for Buyden. Someone correct me if I’m wrong.


12 posted on 11/08/2020 9:15:04 AM PST by Mr Fuji
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To: dontreadthis

bookmark


13 posted on 11/08/2020 10:31:47 AM PST by SteveH
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To: dontreadthis
In expanding the scholarly discussion on what may happen.

I think that the 14th Amendment, especially Sections 2 and 3 should be included in the discussion.

https://constitution.congress.gov/constitution/amendment-14/

The other shoe that should be dropped is the filing of a private party federal RICO lawsuit by Trump or the Republican party. Such suits are more about monetary damages (triple damages plus legal fees), but still bankrupting the Democratic party and labeling is as “organized crime” might end their power once and for all time.

https://dubilaw.com/civil-rico-case/

14 posted on 11/08/2020 11:22:09 AM PST by Robert357
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...

15 posted on 11/08/2020 11:54:14 AM PST by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: proust

This may shed some light.
Note the date. He knew this was
going to happen and you can bet
he and his team have put things
in place to ensnare the evil
doers. Using the COVID scare as
cover for producing illegal
mail-in ballots.

Donald J. Trump
@realDonaldTrump
RIGGED 2020 ELECTION: MILLIONS OF MAIL-IN BALLOTS WILL BE PRINTED BY FOREIGN COUNTRIES, AND OTHERS. IT WILL BE THE SCANDAL OF OUR TIMES!
6:16 AM · Jun 22, 2020·Twitter for iPhone
90.7K Retweets
31K Quote Tweets
288.7K Likes


16 posted on 11/08/2020 2:21:40 PM PST by Lean-Right (Eat More Moose)
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To: coloradan

“Depends on who chartered them - are they part of the gaslighting team, or are they actually good guys?”

True. This agency is under the Department of Homeland Security which has generally been supportive and responsive to the Trump team. It was created less than 2 years ago.

It should be new enough not to be corrupted (I hope).


17 posted on 11/08/2020 6:46:09 PM PST by icclearly
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