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CONFIRMED: Trump Legal Team Says Fake Electoral College Dates Do Not Matter, Only Constitution Decides Next President
National File ^ | 12/09/2020 | Jack Hadfield

Posted on 12/09/2020 8:24:34 AM PST by SeekAndFind

President Trump’s top legal advisors, former New York Mayor Rudy Giuliani, and Jenna Ellis, have confirmed an assessment from the legal minds behind the Amistad Project, noting that states do not have to obey arbitrary deadlines such as the “safe harbour” deadline, set by federal law, and that the only deadline they have to meet is January 20th, 2021, which is set by the Constitution.

“The ‘Safe Harbor Deadline’ is a statutory timeline that generally denotes the last day for states to certify election results. However, it is not unprecedented for election contests to last well beyond December 8,” Giuliani and Ellis argue in a statement:

Justice Ginsburg recognized in Bush v. Gore that the date of ‘ultimate significance’ is January 6, when Congress counts and certifies the votes of the Electoral College. The only fixed day in the U.S. Constitution is the inauguration of the President on January 20 at noon. Despite the media trying desperately to proclaim that the fight is over, we will continue to champion election integrity until every legal vote is counted fairly and accurately.

🚨🚨🚨 pic.twitter.com/eVv29qtoeU

— Jenna Ellis (@JennaEllisEsq) December 8, 2020




Top legal experts from the Amistad Project argued last week that states do not have to send their Electoral College votes for either President Trump or Vice President Biden by December 8th or December 14th. As National File reported:

Because the deadlines set for the Electoral College are only set by federal law, not the Constitution, then states who are questioning the results of the election would have the right to ignore them if they so chose when investigating irregularities…

“Through rigorous investigations supporting our litigation, we demonstrate that state and local officials brazenly violated election laws in several swing states in order to advance a partisan political agenda,” said Phill Kline, Director of The Amistad Project. “As a result, it is impossible for those states to determine their presidential Electors in line with the arbitrary deadline set forth via federal statute in 1948, and thus, the only deadline that matters is January 20, 2021.”



TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; Politics/Elections
KEYWORDS: constitution; electoralcollege; inauguration

1 posted on 12/09/2020 8:24:34 AM PST by SeekAndFind
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To: SeekAndFind

Invoke the Insurrection Act and let’s get this over with already.


2 posted on 12/09/2020 8:30:47 AM PST by jimbug
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To: SeekAndFind

Yeah, well the Constitution says only a natural born citizen can be President and Obama is not one and they swore him in anyway.

Words have meaning or the Constitution is an illusion.


3 posted on 12/09/2020 8:49:39 AM PST by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents|Know Islam, No Peace-No Islam, Know Peace)
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To: SeekAndFind

Prayers of many American Patriots have been answered!
POTUS DJT attempts to return the country to our ORIGINAL CONSTITUTION as written by our FF, before the blind, foolish congress critters began to include their trash talk

Ep. 2348b - Countermeasures Initiated, The Constitution Will Destroy The [DS]
https://www.bitchute.com/video/suQ68N2OOBqi/


4 posted on 12/09/2020 8:56:41 AM PST by V K Lee ("VICTORY FOR THE RIGHTEOUS IS JUDGMENT FOR THE WICKED")
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To: SeekAndFind

We are being strung along Michael Savage said weeks ago “Donald Trump is gone” but the political machine needs your money and votes in Georgia for the special election. The electors meet on Monday in the contested states and vote Biden.

I remember this same scenario playing out with legal cases and so on even a law passed by Congress in March of 2005 and the end result Terri Schiavo starved to death.


5 posted on 12/09/2020 9:04:13 AM PST by Nextrush (FREEDOM IS EVERYBODYS BUSINESS, REMEMBER PASTOR NIEMOLLER)
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To: SeekAndFind
"... states do not have to obey arbitrary deadlines such as the “safe harbor” deadline, set by federal law, and that the only deadline they have to meet is January 20th, 2021, which is set by the Constitution."

Incorrect.

The Constitution ONLY sets the END of the current POTUS term... it is silent on when the next POTUS term begins.

In other words challenges can continue with a QUALIFIED VP-elect standing in as POTUS. Or if no VP is qualified/challenged, then the house may elect a temporary POTUS to fill in until a POTUS is constitutionally elected.

It is also important to note that the Inauguration Day, swearing in of the POTUS for a new term, is also set by federal statute and can be ignored. There is no constitutional deadline.

All spelled out in the 20th Amendment.
6 posted on 12/09/2020 9:23:05 AM PST by Bellagio
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To: SeekAndFind

“Justice Ginsburg recognized in Bush v. Gore that the date of ‘ultimate significance’ is January 6”

Well if Ginsburg said so, then that should be good enough for the dimoKKKRATS.


7 posted on 12/09/2020 9:26:20 AM PST by Parley Baer
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To: Parley Baer

In this case this is not an election this is multiple federal crimes international interference in our election in there for all of these dates are completely meaningless

All that matters now is this investigation and getting to the bottom of all of this corruption and fraud

Until that time Donald Trump our wonderful president will continue to be in charge of everything

The Texas law state has a lot of teeth and is the perfect cage to go right to the supreme court because it’s state versus state

This is far beyond the 2020 election either the constitution of the United States matters or it doesn’t and politicians can just ignore it and make lies they see fit in it for state legislatures and all of the constitutional provisions for the distribution of power

Now of course on the left there be more than happy to trash the constitution write a whole new one that says the third charge and nobody else can run and we have a new socialist nation

So that it really Hass to happen is for us to stop defending liberty with our lives are fortunate in our sacred honor and this great nation will no longer exist and we will become a subservient nation to communist powers


8 posted on 12/09/2020 9:31:56 AM PST by Truthoverpower (The guv-mint you get is the Trump winning express ! Yea haw ! Trump Pence II! Save America again )
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To: SeekAndFind
The Constitution is not totally silent on this.

Article II Section 1 says:

The Congress may determine the Time of chusingthe Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Whatever day it is, they must all vote on the same day. If the Electoral College votes on December 14th, there is no second vote for late states. If they are going to delay the vote, that decision must be made before December 14th.

-PJ

9 posted on 12/09/2020 9:33:00 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: Truthoverpower

I agree with you. This goes far beyond the 2020 election. This will determine that fate of our nation.


10 posted on 12/09/2020 9:37:33 AM PST by Parley Baer
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To: Political Junkie Too
Article II Clause 4:

The Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.


The constitution has no remedy(is silent) for missing a mandatory federal statutory deadline and cannot be displaced/usurped by US Statute... nor does a 72 year old federal statute that describes December 8 and 14th deadlines for EC delegates, the meeting of delegates, or the tallying of their votes, have ANY constitutional basis for supreme authority whatsoever.

The Constitution must be amended to include hard-deadlines and not allow legislative statutory deadlines that cannot be held up to the constitution as immovable unequivocal law.

As it stands in federal law... remand is back to the respective state. It is the the states responsibility to remedy the failure to appoint delegates as provided for per federal statute.

3 USC §2. Failure to make choice on prescribed day

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.


So where is the URGENCY to beat a deadline?
11 posted on 12/09/2020 10:04:46 AM PST by Bellagio
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To: Bellagio
This still misses my point.

The Constitution DOES say that the Electoral College must vote on the same day ("which Day shall be the same throughout the United States"). Regardless of whether the day the Electoral College votes is set legislatively, is missed, or has no remedy for missing it, once it meets to vote there can be no second vote for late states.

So where is the URGENCY to beat a deadline?

The urgency is to move the date of December 14th, which was Constitutionally set by Congress according to Article II Section 1 ("Congress may determine the Time..."), because if states do hold their Electoral College vote on that date, then they are Constitutionally protected in saying that was the date and no other states can vote late.

Failing that, the urgency is to vacate the certifications of these four states and let the state legislatures directly choose the Electors in time for the December 14th Electoral College vote.

-PJ

12 posted on 12/09/2020 10:21:04 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: Political Junkie Too
You're ignoring the statute. And no, the constitution DOES NOT prescribe a deadline... it only recognizes that the congress can create federal law to establish, to 'prescribe a day' to give uniformity, not a HARD deadline.

3 USC §2. Failure to make choice on prescribed day

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.


Article II Clause 4:

The Congress may determine the Time of chusing
[sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.


That simply means that Congress 'MAY'(choose to) at its discretion DETERMINE the day the Electors shall give their votes. And if congress so chooses to DETERMINE a day the Electors shall give their votes, then that day shall be the same throughout the several states(United States).

There is no HARD deadline.

Your interpretation is without a legal lens.
13 posted on 12/09/2020 10:47:11 AM PST by Bellagio
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To: Bellagio
You're not reading what I'm saying.

The Constitution says: "which Day shall be the same throughout the United States."

That's not a deadline, but it says that the Electoral College can meet ONLY ONCE, that is, on the same day in all states.

You cannot stagger the Electoral College vote over multiple dates.

Therefore, if some states vote on the 14th, then that's it. No more states can Constitutionally vote after that, because it is no longer "which Day shall be the same throughout the United States."

A second day of Electoral College voting would be unconstitutional.

-PJ

14 posted on 12/09/2020 10:54:47 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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To: Nextrush
I remember this same scenario playing out with legal cases and so on even a law passed by Congress in March of 2005 and the end result Terri Schiavo starved to death.

Yep and two Bushes were involved in that State Approved murder.

15 posted on 12/09/2020 11:38:06 AM PST by itsahoot (The ability to read auto correct is necessary to read my posts understanding them is another matter.)
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To: Political Junkie Too
One more time...

Uniformity is the constitutional mandate... NOT A DEADLINE. Nothing more, period!

Have a nice day.
16 posted on 12/09/2020 11:47:20 AM PST by Bellagio
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To: Bellagio
I have never used the word "deadline." You keep putting that word in my mouth.

You totally refused to address "which Day shall be the same throughout the United States."

All I said was that once some states hold an Electoral College vote, that's it.

Why won't you directly address that singular point?

-PJ

17 posted on 12/09/2020 11:55:13 AM PST by Political Junkie Too (Freedom of the press is the People's right to publish, not CNN's right to the 1st question.)
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