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TWJ Exclusive: The Viral Memo Changing the Trump Legal Strategy
Western Journal ^ | Nov.22,2020 | William J. Olson & Patrick M. McSweeney

Posted on 11/29/2020 6:37:30 AM PST by libstripper

The Western Journal is presenting this memorandum, written by two prominent conservative legal scholars, essentially verbatim, with only enough editing to format it for the Op-Ed section of our website. Because of the importance of the subject matter and its potential to impact the results of the 2020 presidential election, we felt it was even more important than usual to allow these newsworthy authors their own voice, with as light a touch from our editorial staff as possible. — Ed. note

The American People deserve lawful presidential elections: “No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.” Wesberry v. Sanders, 376 U.S. 1, 10 (1964).

During the 2020 Presidential Election, many of the so-called swing states, including Arizona, saw unprecedented — and unlawful — erosions of procedural safeguards as well as administrative irregularities on Election Day. People deserve an honest accounting of who won. Many Americans voted via a process – absentee ballots, including mail in ballots – that the bipartisan Jimmy Carter-James Baker commission identified as “the largest source of potential voter fraud” in the wake of the contested 2000 election. BUILDING CONFIDENCE IN U.S. ELECTIONS: REPORT OF THE COMMISSION ON FEDERAL ELECTION REFORM, at 46 (Sept. 2005).

(Excerpt) Read more at westernjournal.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: 200509; election; fraud; legislaures; redmirage; states
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Strong argument for the legislatures of the swing states where the election was stolen appointing the electors.
1 posted on 11/29/2020 6:37:30 AM PST by libstripper
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To: libstripper

Attention president Trump: Throw the red flag!

Stop the clock while the entire country watches the review of the play.


2 posted on 11/29/2020 6:50:03 AM PST by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: libstripper

“legislatures of the swing states”

they have to grow a pair and stand up for what is right, fair and legal and let the bodies fall where they may. AND arrest and prosecute corrupt sellout state officials who took money for changing election laws/rules and selecting Dominion and software. Anybody heard anything about Governor Kemp of Georgia. Is he acting like Biden and hiding in a basement somewhere in south Georgia?


3 posted on 11/29/2020 6:54:40 AM PST by DOC44
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To: libstripper

Awesome info...thanks!


4 posted on 11/29/2020 7:00:31 AM PST by MCEscherHammer
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To: libstripper

What many Freepers (and many others) do not understand is that the Constitution is not a suicide pact where the law can be used to bind Americans to slavery to a deeply corrupt kleptocracy that has stolen an election.

At the end of the day _that_ is the issue that the Supreme Court and the Congress will have to address—or face the prospect of being the last Supreme Court and the last Congress of a dead Republic.

These are the stakes—quibbles on “standing” and “state law” and “the governor this” and “the secretary of state that” and “certification” are laughably irrelevant.


5 posted on 11/29/2020 7:21:54 AM PST by cgbg ( Remember 1876--we _can_ do this!--Biden--Office of the Prisoner-Elect)
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To: libstripper

“Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated. [McPherson v. Blacker, 146 U.S. 1, 34–35 (1892) (emphasis added).]”

BOOM!


6 posted on 11/29/2020 7:28:28 AM PST by faucetman (Just the facts, ma'am, Just the facts )
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To: libstripper

Reading the article at the link.

I had to stop to tell everyone to DISREGARD everything they said because I discovered a TYPO! /s

“Remember than number.” Substituting an “n” for a “t”!

Can you believe it! The writers of this article MUST BE morons! How can we believe MORONS? /S


7 posted on 11/29/2020 7:43:40 AM PST by faucetman (Just the facts, ma'am, Just the facts )
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To: cgbg

I agree.

I worry that people will get foolishly hung up on niceties and legal minutia. We are determining the future of the country. Justice is pretty obvious here. People who try to steal an election must not be allowed to seize power. Politicians who feel differently, should be dealt with.


8 posted on 11/29/2020 7:51:48 AM PST by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: libstripper

A weakness in this and similar statistical analyses is that the batch data comes from the NYT, rather than directly from official State Election Boards. I realize that this is partly because the NYT captured and kept batch data as it became available. Wouldn’t the respective states have to have had the same data at some point? Where did it go?

So what was the NYT’s source of batch data? State Election Board or Secretary of State websites? Seems to me that legislatures should subpoena BoE heads and SoS’s, along with comprehensive backup data, to testify in public hearings. Make them explain under oath each increment of their “data dumps” — who sent each one and exactly when; was the data posted exactly as received?

Simultaneously, subpoena the Election Officials from the big/suspect counties, for witnesses and data. Does each increment of their data match what was posted on the state level? What were the criteria for sending “batches” of data? Were batches being sent during the night when counting had supposedly stopped?

The stake in the heart is going to be insider witnesses to blow the whistle on the “backfill” operations (creation of ballots to match the desired total results).


9 posted on 11/29/2020 8:01:04 AM PST by Chewbarkah
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To: libstripper

10 posted on 11/29/2020 8:06:05 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: faucetman
This is important, and so I will post the full quote from the US Supreme Court with respect to the electors claus in the US Constitution. So the trick now is to get the legislatures to get on board, review their statistics and other evidence, and exercise their role: In one century-old case, the U.S. Supreme Court applied the electors clause, recognizing the exclusive authority of the state legislatures to act for the people with respect to selection of electors. The appointment of these electors is thus placed absolutely and wholly with the legislatures of the several states. They may be chosen by the legislature, or the legislature may provide that they shall be elected by the people of the state at large, or in districts, as are members of congress, which was the case formerly in many states; and it is [no] doubt competent for the legislature to authorize the governor, or the supreme court of the state, or any other agent of its will, to appoint these electors. This power is conferred upon the legislatures of the states by the constitution of the United States, and cannot be taken from them or modified by their state constitutions … Whatever provisions may be made by statute, or by the state constitution, to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated. [McPherson v. Blacker, 146 U.S. 1, 34–35 (1892) (emphasis added).]
11 posted on 11/29/2020 8:06:43 AM PST by MikeyB806
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To: cgbg
The bipartisan decision that Trump would be denied a second term must have been made in February shortly after the impeachment resolution was defeated in the Senate.

By the time the Transition Integrity Project was revealed to the public in June, the basic outline of the steps to be taken was set.

Necessary propaganda operations were in full swing by October, with nearly simultaneous publications in Deep State organs domestically and overseas, pushing the "Red Mirage" lie about ballot counting - a perfect outline of what they intended. "Red Mirage" propaganda appeared nearly simultaneously in the New York Times, Washington Post, ABC/NBC/CBS/CNN/PBS, the UK Guardian (linked), and elsewhere. Most of it indicated that Biden would not declare victory until Friday, November 6 - which is in fact what happened.

Recall HRC's demand that Biden not concede "under any circumstances". Recall Schumer and Pelosi's simultaneous declarations that the military would "drag Trump out of the White House".

You are fighting against a decision taken by the GOP and the Democrats almost a year ago. All the GOP had to do was keep silence - which is exactly what they have done.

Do you imagine that, after all this work and all this time, the conspirators neglected to lock down the Supreme Court?

12 posted on 11/29/2020 8:06:48 AM PST by Jim Noble (Lo there do I see the line of my people, back to the beginning)
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To: Jim Noble

The good news about any conspiracy is that the conspirators are fallible human beings.

Chaos theory suggests that they may not have covered _all_ the angles.

The chaos is each of us—one at a time—taking whatever action we can.

That may mean calling our state legislator is we live in one of the contested states.

That may mean showing up in a local demonstration to show our support for President Trump.

That may mean prayer for the success of our President.

We do not live in a pre-determined universe.

Each of us has a role to play, and a struggle to fight.

Let us join “Operation Chaos” and do our part to wreck the plans of the evil-doers.


13 posted on 11/29/2020 8:12:06 AM PST by cgbg ( Remember 1876--we _can_ do this!--Biden--Office of the Prisoner-Elect)
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To: libstripper
Time for EVERY Freeper in EVERY state to call/email their State representatives to "encourage" them (with threat of losing re-election) to exercise their duty to appoint the electors in their State if there is reason to believe that the election in their State was fraudulent or otherwise does warrant the seating of electors.
14 posted on 11/29/2020 8:21:26 AM PST by MikeyB806
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To: libstripper

Good argument for Trump’s legal team to write a detailed speech for Trump to make, as President, directly to the legislatures of Pennsylvania, Michigan, Wisconsin, Arizona, Nevada AND Georgia.

My view is that this is not about “candidate” Trump but about the sitting president of the United States having concluded the nation’s federal election was not run without obvious fraud, and reminding key state legislatures of their Constitutional duty in such circumstances.

The speech needs to detail key pieces of evidence and the key legal and constitutional matters. It should be written as a statesman and scholarly speech and not a “campaign” speech. It should be written as a U.S. President soberly reporting on a matter, not as a campaign appeal for approving a candidate; just as an appeal to soberly admit the consequences of doing nothing about the fraud.

AFTER the speech is delivered to the states concerned. Trump then needs to make the speech public.


15 posted on 11/29/2020 8:28:08 AM PST by Wuli
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To: Jim Noble
Do you imagine that, after all this work and all this time, the conspirators neglected to lock down the Supreme Court?

I'm sure they locked down the RBG Court. The ACB Court was an unexpected surprise that might change the entire equation.

Election Day sloppiness certainly suggests the anti-Trump coalition didn't feel their position was invulneralble.

16 posted on 11/29/2020 8:46:44 AM PST by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: faucetman

Too much coffee!


17 posted on 11/29/2020 9:00:42 AM PST by TexasGator (Z1z)
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To: cgbg

You bring up an interesting point, one I have pondered at times in my now, I guess, long life in very different scenarios and situations.

There is a very famous old saying...roots in the Bible, so it is old...”there’s nothing new under the sun.” And while it is true....it is also not complete - not quite the be all and end all of knowledge. Because there are truly new things. Things that have never happened before in just the way they are happening now. Yes, there’s been voter fraud before. Probably as many elections in the history of the world have been fraudulent as not.

But there has never been, here under this set of laws and precedent, in this kind of country, with this history, in this state of division or revolution this particular conflict before. And as much as humans seem to hate doing it, there is going to have to be a lot of out of the box thinking to get out of this box. That means this may be one of those rare occasions where the Supreme Court may have to do something “for the ages” make a truly monumental, ground-shaking decision.

Even Brannon, as out of the box as he is, seems to have a hard time grasping that hard stops may need to be ignored by the Court in order for the Constitution to not be turned into a suicide trap...a trap for the people, instead of a protection for the people. (He’s probably just trying to get people in the Administration off their ass, never an easy thing to do). But this unprecedented situation may call for something entirely new, different and creative from places where such things are so rare as to be almost unimaginable.


18 posted on 11/29/2020 9:18:08 AM PST by Scott from the Left Coast (I did not leave my country, my country left me)
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To: faucetman
"... there is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated. [McPherson v. Blacker, 146 U.S. 1, 34–35 (1892) ..."

BOOM!

BOOMS, BLAMS, and BLOCKBUSTERS are nice but I just heard President Trump's new interview with Maria Bartiromo in which Maria asked (paraphrase): "Will you succeed in the SCOTUS?" To which Trump responded (paraphrase): "I have no idea. It's very hard to get heard by the SCOTUS. We need one legislature or Justice to be brave. We've had prestigious attorneys and very prestigious law firms sadly withdraw from prosecuting our election-fraud lawsuits because of threats."

So far, I have seen zero BOOMS, BLAMS, and BLOCKBUSTERS. Virtually every election-fraud case has gone against the President. And I have literally no faith in the far-left SCOTUS Chief Justice John Roberts (nominated by pro-Election Fraud RINO George W. Bush). Thanks for nothing, George!

I've been consistently talking about what I call the massive "Democrat Party Cabal" for a month now. So it's nice that at least one revered conservative legal scholar and attorney, William Olsen, finally got around to co-authoring that new article in Western Journal, mentioning why state legislatures, via the EC, must protect the USA from any nefarious "cabal" seeking to undermine and destroy our country. I thought -- finally! -- a prominent Washington DC Republican attorney is finally getting around to calling it what it is -- a stunningly massive "cabal." Then, on a quick pass through Olsen's article, I saw he was actually quoting Alexander Hamilton's Federalist reference to "cabal." So, I guess, Great minds think alike (one in 1778, one in 2020). LOL. ;) Wish we could have had a few ales together in some colonial pub and talked shop, Alex!

I'm not a lawyer, so I depend on the words of Trump's attorneys. Weeks ago, Trump attorney, Jay Sekulow, said on his radio show that very many things all have to go Trump's way in court for him to gain a second term. Based on that statement and the words of other Trump attorneys, I initially assigned a WAG 25% likelihood of Trump getting a second term. Recently, I slightly bumped that up to 27%. I'll continue updating my WAG as events unfold ...

19 posted on 11/29/2020 9:59:38 AM PST by gw-ington (The Office of the President-Elect gw-ington and Vice President-Elect Loch Ness Monster)
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To: gw-ington
what I call the massive "Democrat Party Cabal"

If you do not see that the GOP is part of it, you will never understand.

20 posted on 11/29/2020 10:05:42 AM PST by Jim Noble (Lo there do I see the line of my people, back to the beginning)
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