Edwin A. Sumcad –
Joe Biden and a crowd of followers celebrating news organizations’ proclamation of election win while currently being legally challenged in the court of law for fraud and gross violations of the Constitution, might be shocked to know that even as of this very disturbing second week of November 2020, he has not won the election – yet, and might even win!
Proclaiming a presidential candidate President-Elect does not mean that the election is won while being legally challenged in court, in which case the winner has yet to be determined, litigated, and decided. Only then will the official proclamation starts. But for Biden, even from there, it is still a long, long way to go.
“The unusual and complicated presidential election certification process in the U.S. entwines all 50 states and the District of Columbia, the Senate, House of Representatives, the National Archives and the Office of the Federal Register. It also involves the Electoral College – a uniquely American institution that convenes in 51 separate locations once every four years to pick the president . . .” The Biden camp should know this warning and stop claiming an election win that does not exist. The American people will not fall for this shenanigan.
I want you to know that this quote comes from the legal document called “The Conversation” warning presidential candidates not to be rush in proclaiming themselves President-Elect. It was just republished September 14, 2020 and now publicly circulating. It is authored by Amy Dacey, Executive Director of the Sine Institute of Policy and Politics, American University.
Amy Dacey is former CEO of the Democratic National Committee. This forewarning did not come from the Republican playbook. It warns Joe Biden and Kamala Harris, their own political assets, in what President Trump described as the Left’s conspiracy to steal the presidential election.
And worse, with this writing on the wall, Joe Biden may suddenly wake up from a bad dream — a nightmare, if you may – and realize that he is not winning the election, and in fact could be losing to Trump when the U.S. Supreme Court so decides. As Trump’s at least 20 legal actions filed in different courts are gaining traction, Decision Desk HQ had just called out — the Dems should have goosebumps and start taking their anxiety pills – that Trump’s legal court initiative had just won the state of North Carolina even as we speak. It has 15 electoral votes. And so is Alaska with 3 electoral votes.
Which simply means that all of Trump court challenges depend on how the highest court of the land will decide once these all end up in the U.S. Supreme Court where they are destined to be finally decided.
Take note of this legal shock-bolt sting that would jolt Biden and his enabling entourage that conspired to give him this mirage of winning the election through fraud and lockpicking of reportedly fake ballots to steal the election. I am referring to the Republicans’ scarecrow against donkeys feeding on the ballot-harvesting field, in the name of the newly confirmed Associate Justice Amy Coney Barrett who will join the majority of the sitting Conservative Justices of the U.S. Supreme Court.
The Dems fear constitutionalist Associate Justice Barrett as shown in the congressional hearing where they all went banana trying to block her confirmation. If she is a nightmare to the Dems and the Left-wingers who are allegedly stealing the election from President Trump with their fingers caught in the cookie jar, the composition of the U.S. Supreme Court that will decide those cases of violations of the Constitution and plain criminal activities of electoral perpetrators violating the Procedural and Substantive Due Process Clause of the Constitution in the conduct of presidential election, will likewise stun the whole nation as the first of its kind that ever happens in the history of U.S. legal jurisprudence.
While engulfed in a virtual celebration of imagined victory with a spike of Biden-Harris self-congratulatory speeches nobody is interested to listen to because there is nothing new in what they are saying, boring and the fact that nothing yet is definite — except that this empty rhetorical boredom is a brilliant oratory to the ears of interested listeners the likes of Black Lives Matter that just recently marched in the streets crying on top of their lungs to defund the police which means getting rid of police allows criminals to attack unprotected and defenseless Americans, rob, mug, and murder them; joined by ANTIFA, thugs and violent mobs who weeks before were burning down buildings, looting malls, shooting police and innocent bystanders including children across the land – Joe Biden and Kamala Harris should instead prepare for a “peaceful transition of power” from virtual reality to actual reality which may involve jailtime for those who committed criminal acts in stealing the election. Attorney General Bill Barr had already set in motion the required legal apparatus necessary to bring those villains to justice.
Before I touch on the constitutional areas of dispute which the U.S. Supreme Court has an urgent reason to intervene and create a possible reversal of illegal votes for Biden and ballots counted against Trump, let us look back to just a few days or so prior to election day November 3.
News organizations Trump has been describing to the American people as the enemy of the state that were calling out election results deliberately stopped counting when Trump was winning in all critically contested States. At the same time, the Media mob prematurely declared Arizona for Biden when Trump was leading with a wide margin, while only 73% of the votes were counted. It was at this point when the finger pressed the anomaly button triggering violations of the Constitution accompanied by massive ballot counting fraud, mostly in targeted contested States.
When State call in of votes was stopped, Biden was nailed down to 238 electoral votes and cannot move upward because Trump was winning, while Trump has 214 electoral votes and with a wide margin of number of votes ahead of Biden, was expected to move this number upward when it was suddenly aborted. As we all know, the magic number of electoral votes to win the election is 270. Trump could have easily passed this number if the awaited manufactured fake ballots did not come and counted, purposely to save Biden.
Let us do the numbers to prove that this winning streak for Trump is true and beyond any iota of possible reasonable doubt.
One of those pending States when counting was stopped was Pennsylvania, the Key State to all battleground States. It has 20 electoral votes. Biden was losing to Trump 44.8% to 54.1% of the counted votes.
In North Carolina Trump is winning 50.1% to Biden’s 48.7% votes. It has 15 electoral votes. In Georgia, Biden was losing to Trump 50.5% – 48.3%, with 16 electoral votes. Trump was leading in Michigan by 226,000 votes with 79% of the votes counted. It has 16 electoral votes. Wisconsin has 10 electoral votes when Trump was leading 51.3% – 47.2%. Alaska has 3 electoral votes with 56% counted, and Trump leading by 63%-33%.
If we add up all the electoral votes at the time they stopped calling in, Trump would have passed the winning magic 270 number with a total of 294 electoral votes. They – those who protect Biden — aborted the counting and state call in, and they have to answer for their bad intentions and ulterior motives for stopping it to steal the election.
This first countermove against Trump was started by Fox News who first declared and awarded Arizona to Biden when he was far behind Trump. This was the cue to stop the call out for the States where Trump was surging ahead of Biden because Fox News was supposed to be supportive of Trump and mistrust of the planned shenanigans would smell less fishy and appear less suspicious.
Several hours later, Associated Press followed this cue, calling Arizona for Biden, and the rest of the pack joined Fox News. Without this move, Trump would have won Arizona by at least 30,000 votes according to Bill Stepien, Trump’s campaign manager who kept up the tab and had watched the count with an eagle eye.
But then a tsunami of reported illegal and spurious ballots believed to be waiting in the wings, were reportedly counted and called in to neutralize and ultimately drowned Trump’s lead, of which a declaration of victory by the anti-Trump news networks for Biden followed. It brought us to this deadlock situation where we are now.
I have anticipated this precipitate action from Biden’s architects of electoral fraud and their accomplices on the ground. It was so clearly logical to expect that this is what a defeated candidate like Biden would do – launch a preemptive strike against Trump and unitarily declare a win for Biden as President-Elect. In a psycho-warfare, it was a “moral” victory.
But it is nothing more than just a strategic declaration of triumph for Biden. Nothing is officially final about it. But with it a rogue presidential candidate who is losing could in the mind of the American public win the election. It is in this situation where Biden is in right now.
On November 5, 2020, I gave a notice to White House, President Trump and his advisory staff with this advice which was published in the nationalwriterssyndicate.com and read by millions: “President Trump Should Declare Election Victory Immediately” when proofs were showing that Biden and his accomplices were stealing the election. Anyone can read this preemptive strategic advice in this Website right here and now.
In his official declaration to the public that he just won the election, President Trump must explain to the American people to make them understand how the Dems and the radical Left are stealing the election for Joe Biden.
The bottom line is, it should not be Biden but the President of United States who has the power of the presidency to do it, the one who should first launch a preemptive strike against electoral fraud, putting Biden in a defensive mode, and forcing him to go to court to nullify the declaration, and to get a legal remedy. At this point in time, Biden and his accomplices who were clearly planning from the very beginning an election heist to stop Trump from winning, would have been forced to go to court to invalidate Trump’s strategic declaration in a badly compromised presidential election – a declaration that Trump is the President-Elect.
It was only later on when it came out in one of those succeeding disturbing social media reports that President Trump was favorably considering this option but met resistance from members of the staff who were in that WH election-war room.
Trump’s Clear Pathway To Win
Once Trump’s multiple legal actions end up in the U.S. Supreme Court, there are only two legal doctrines Justices may consider and deliberate on and apply to reverse the badly flawed presidential election results that created a legal precedence in the celebrated Bush v. Gore case. These are The Equal Protection Clause, and State Legislatures’ constitutionally mandated Plenary Authority that deals with Electoral College votes.
This can be checked out easily using your computer’s search engine.
However, these may be technically written for lawyers. You are looking at formal or legalese documents that are hard to comprehend. I will try to simplify and reduce them into a layman’s language as much as I can, for a much easier reading and understanding of all readers.
The Equal Protection Clause
It is actually a simple legal principle expressed in technical terms in the Bush v. Gore case. The counting of the “hanging chad”, or incomplete punch card ballots, are not the same from county to county. This disparity violates the Constitution’s Equal Protection Clause. It nullified Gore’s recount of ballots and declared Bush the winner.
Let me quote the following documented evidence: “In Pennsylvania counties, election officials were contacting voters whose mail-in ballots were disqualified due to technical reasons, (i.e.) to confirm their signature or fill in missing identifying information, validating their ballot so it will count. Since only some, not all Pennsylvania counties were doing this ‘ballot-curing’ process, the State’s lack of uniformity violates the Constitution’s Equal Protection Clause.”
With more than 2.6 million ballots in Pennsylvania involved in this mess, the Media mob declared Biden President-Elect. If reversed, starting from Pennsylvania alone and going to the next contested States, Trump can be declared a re-elected President. This is replicated in other States where ballot-counting and harvesting were contested by Trump’s multiple legal actions filed in court.
Plenary Authority Of State Legislatures
Pennsylvania models the corruptions in the rest of the contested States. This is what happened in Florida in the year 2000 in the celebrated Bush v. Gore case that ended up in the U.S. Supreme Court.
Again, let me quote the following documented evidence: “Ordering an emergency recount whose timing deadlines deviated from the legislatively provided election rules, Florida Supreme Court was usurping the Florida legislature’s plenary authority.”
In Pennsylvania which models similar other contested States, on record Liberal State Secretary Kathryn Boockvar “issued guidance that allowed counties to keep (and count) any mail-in ballots . . . received by Nov. 6”, which was beyond November 3.
It violated the State Legislature’s Plenary Authority to change the election date. Under Article II of the Constitution, only the State Legislature is allowed by the Constitution to alter the election date of voting. The Pennsylvania Secretary of State violated the Constitution when she did that regardless of any reason that she propounded to hide that violation.
The Secretary of State hiding her political color as a die-hard Liberal who hated President Trump before she took her oath of office, also ordered the 67 counties to segregate those ballots (and no doubt there was a large bunch of it) from the rest of the in-person and mail-in votes in case of a court challenge. But there was no way of verifying how many manufactured and corrupted ballots were allegedly counted, segregated and reportedly “cured” for Biden because authorized poll watchers were not allowed to watch.
As to those legal actions on poll watchers not allowed to witness the processing of ballots that would end up in the U.S. Supreme Court, it is a question of facts. At most standard jurisprudence requires that the finding of facts is remanded to the lower courts where the decision is made. If the finding of facts in the lower courts rises to the question of law or involves a violation of the Constitution, it could go back to the U.S. Supreme Court on appeal for final adjudication. Normally, violation of Due Process gives rise to a constitutional question falling within the jurisdictional cognizance of the U.S. Supreme Court. This gives a 3rd constitutional avenue for Trump’s multiple legal actions to create another pathway towards reversing the remarkably flawed election to his favor.
The Procedural And Substantive Due
Process Clause Of The Constitution
In order to camouflage their wrongdoing, perpetrators of voting frauds claim in defense that there was no evidence of voter frauds. This sounds a bit silly because Trump’s battery of attorneys will not go to court without it. But the Media mob is covering, propagating, and promoting this nationwide legal blinder to protect Biden.
Of course there is a lot of evidence – including tons of sworn in affidavits – that do not only prove fraud was committed, but in my review, found that fraud was in fact prevalent, pervasive, and incrementally widespread it boggles the imagination.
In the meantime, a lot of documented proofs continues to be submitted in courts – and still being submitted as more and more sworn-in affidavits kept coming in — showing that a lot of dead people, and former residents of those embattled States who have long moved out of State, had voted in the last November election. This is one of the most exciting part of the evidence because not only that they were dead when they voted, but upon review of their records, it showed that a lot of them were born more than one hundred years ago.
The same thing in favor of Trump in the case of poll watchers who were denied their right to watch by orders of courts. It is a question of facts, not of law or Constitution which the U.S. Supreme Court will remand to the lower courts for fact-finding and determination. That determination can be appealed to the highest court of the land. The constitutional issue revolves around violations of the Due Process Clause.
Let me explain this constitutional due process clause briefly and how it applies in favor of Trump’s legal challenge in court.
The 14th Amendment – The Due Process Clause
For easy reading, let me quote this published legal document. You can fact-check this document in your search engine.
“Due Process is essentially based on the concept of ‘fundamental fairness’. For example in 1934 the U.S. Supreme Court held that due process is violated if a practice or rule offends some principle of justice so rooted in tradition and conscience of our people as to be ranked as fundamental.
“The U.S. Supreme Court provides 4 protections: Procedural due process (in civil and criminal proceedings), Substantive due process, Protection against vague laws, and a vehicle for the incorporation of the Bill of Rights.
“It does not prohibit the inherent right of States to do certain actions to any individual but it does require that certain procedures be followed before any action is taken.
Procedural due process based on ‘fundamental fairness’ addresses which legal procedures are required to be followed in state proceedings.”
Application: Poll watchers had a duty to observe and watch the processing and counting of ballots to ensure the integrity of the election. This legal procedure ensures “fundamental fairness” in the conduct of the presidential election. When poll watchers were barred from doing their duty (they could not even see what was going on), due process was violated. “The U.S. Supreme Court held that due process is violated ‘if a practice or rule offends some principle of justice so rooted in tradition and conscience of our people as to be ranked as fundamental.’”
The State rule excluding poll watchers to perform their duty – a duty so rooted in our electoral process — offended a principle of justice which violated the Constitution’s Procedural Due Process. Here it is clear that there was a breach of “fundamental fairness”.
Good luck to President Trump. While Biden is forming his imaginary Cabinet, Trump might as well also prepare for his second term as a re-elected President of the United States.
God Bless America! #
© Edwin A. Sumcad. Access NWS November 12, 2020.
The writer is a former United Nations Diplomat. He is a Lawyer with graduate studies in Law (LLM), Journalist-cum-Economist (M.A. in Development Economics), World-Bank-UN-ILO scholar specializing on Fiscal and Monetary Policies, ASEAN Specialist, Litterateur (Litt.B. Philosophy and Letters), and author. He just published his latest book– Leading A Divided Nation – President Donald J. Trump and America Under Siege . . . it is in the book section of this Website, and in Amazon.