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Sit down; I guarantee this Supreme Court story is real
This story was originally published on December 16.
The Supreme Court has agreed to a hearing for a case that could conceivably --- PLEASE consider this the longest of long shots --- overturn the election of 2020, throw out all the legislators who voted to certify the results and leave them ineligible to run for office ever again, even for town dogcatcher.
The case has been added to the docket for, appropriately, January 6, 2023.
As Joshua Philipp reported in a podcast for EPOCH TV, the case Brunson v. Alma Adams, et. al., alleges that members of Congress who voted against the proposed 10-day audit of the 2020 elections and certifying those results --- with no investigation after being “properly warned” of a credible threat from enemies of the Constitution --- were violating their oath of office to “preserve, protect and defend the Constitution from enemies both foreign and domestic.” It says that “this action unilaterally violated the rights of every citizen of the U.S.A. and perhaps the rights of every person living, and all courts of law.”
If SCOTUS ruled in favor of the plaintiffs, the remedy would conceivably involve removing the sitting President and Vice President and all those representatives and empower the Court to authorize the swearing-in of the rightful President and Vice President. Not kidding; that’s the remedy the plaintiffs are asking for.
The Brunson brothers are an interesting group –- literally a band of brothers, as they play in a trumpet band. Here they are, with their summary of the suit, which was reportedly written by just themselves, without legal counsel (!).
Note: Philipp’s report was made before SCOTUS agreed to hear the case, and he said then he would be “very surprised” if they did. So I guess he’s very surprised right now. Actually, I am, too, considering the way the Court refused to look into those very allegations in the weeks after the election, when they were brought by President Trump. (Of course, now we know much more about the lengths to which Trump’s enemies went to interfere with the outcome. Maybe enough Justices are feeling some guilt right now about calling the issue “moot.”)
Philipp also pointed out that this segment of his show, “Crossroads,” would not be allowed on YouTube. (Good news, though: he can now post the link on Twitter!) We’ll include the EPOCH TV link here…
The argument in this case is that by not looking into serious allegations of election fraud, those who voted to confirm the results of the 2020 election broke their oath of office and are ineligible to run for any elected office again. To give you an idea of the scope of the potential fallout, Kamala Harris is in that group, and so is Mike Pence.
This started as two separate lawsuits brought by four brothers in Utah, but only one of them is advancing to the Supreme Court. To get it there, the brothers bypassed the 10th Circuit Court of Appeals, where it was stalled, by saying in a cover letter that this suit was a matter of national security. The Court was apparently so interested in this case that they received a personal call from the Court clerk asking how soon they could get their documents together. The brothers got it all to them in one week.
The suit names President Biden, VP Harris, former VP Pence, and 385 members of Congress, and, no, that is not a typo. Those are all the members who voted against a proposition for them to investigate claims that “enemies of the Constitution rigged the 2020 election.” So, this case is NOT about whether or not election fraud occurred. It’s about whether or not these people violated their oath by failing to investigate credible allegations of election rigging by enemies of the Constitution –- allegations that had been made by over a hundred of their own colleagues.
In their words: “Is this about a rigged election? No, it’s about the members of Congress who voted AGAINST the investigation, thereby thwarting the investigation. Was this a clear violation of their oath? YES.” The suit says this violation is an act of treason and fraud. “A successfully rigged election has the same effect as an act of war: to place into power whom the victor wants, which in this case is Biden, who, if not stopped immediately, will continue to destroy the fundamental freedoms of Brunson and all U.S. Citizens and courts of law.”
“When the allegations of a rigged election came forward, the Respondents had a duty under law to investigate it or be removed from office.”
According to Philipp, a finding for the plaintiffs would “also restore Trump to office because he would have been the legitimate candidate.” We’re not yet sure how that part of the argument works but are researching. Even if a majority of the Justices found merit in this case, would they be willing to do something this huge? They would be keeping in mind the potential consequences and, of course, possible effects on the balance of power. If this happened, it would be the wildest things ever to happen within our government --- a purge, really, which, I have to admit, sounds pretty great with the state our country is currently in. But you know the saying, if something sounds too good to be true, it probably is.
Here are some thoughts on the case from Timothy Canova, a professor of constitutional law at the Nova Southeastern University Shepard Broad College of Law.
His own worst enemy
This story was originally published on December 5.
It’s hard to believe with so many contenders, but there are times when Donald Trump is his own worst enemy. He had a perfect opportunity to respond to the revelation that Twitter was colluding with Democrats to rig the 2020 election, taking orders from them to silence inconvenient speech like a waitress at a short order restaurant. Unfortunately, Trump released this statement:
"So, with the revelation of MASSIVE & WIDESPREAD FRAUD & DECEPTION in working closely with Big Tech Companies, the DNC, & the Democrat Party, do you throw the Presidential Election Results of 2020 OUT and declare the RIGHTFUL WINNER, or do you have a NEW ELECTION? A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution. Our great 'Founders' did not want, and would not condone, False & Fraudulent Elections!"
I agree with that last line, but how could he not know that suggesting we terminate the rules in the Constitution was like handing his enemies a weapon to bash him with on a silver platter, which they also bashed him with. It played right into the “authoritarian insurrectionist” narrative they’ve been trying to gin up for years. Trump actually gave President Biden – the beneficiary of all that unconstitutional censorship of free speech – the high ground to defend the Constitution against him, and Biden’s been using the Constitution as Charmin since his first minute in office. I think in sports, they call this an “unforced error.”
This is the type of unpredictable and unnecessary media storm that has many Republicans, even Trump supporters, looking to Ron DeSantis as an alternative who might carry on Trump’s policies without the drama and baggage. That’s showing up in a new poll by WPA Intelligence, a firm used by top GOP politicians and organizations. Trump’s favorability rating among Republicans is now 70%, which sounds high but is down quite a bit from its peak.
Meanwhile, DeSantis’ net favorability rating is higher than Trump’s among several demographics, including Republicans (+66 to +44), Fox News viewers (+58 to +27) and even 2020 Trump voters (+69 to +54.) DeSantis also does better among all-important Independent voters, 66% of whom view Trump unfavorably. DeSantis has a net -3 favorability rating among Independents, which sounds bad until you hear that Biden is at -27 and Trump -39.
That article rightly warns that polls shouldn’t be taken too seriously, especially at this stage. But this should serve as a warning sign to Trump’s circle that Republican voters consider 2024 to be too important to risk on someone who shoots from the hip and hits his own foot. If Trump wants to know how badly some ill-chosen words can hurt you, I have two words for him to consider: “Kanye West.” Those are also two words that should never again appear on his dinner guest list.
More on the prisoner exchange for WNBA star Brittney Griner
This was originally published on 12/10.
As we were finishing up yesterday’s morning newsletter, word arrived of President Biden’s deal to free WNBA player Brittney Griner from a Russian penal colony in exchange for Viktor “The Merchant of Death” Bout, one of the most dangerous arms dealers in the world. My immediate response was that I was glad Ms. Griner was coming home, but that sounded like the worst prisoner exchange deal ever. Since then, many people have had the same reaction, and the more we’ve learned since, the worse it gets.
For one thing, when pressed on why they didn’t also insist on the release of decorated Marine veteran Paul Whelan, who’s been held in a Russian gulag for nearly four years on bogus espionage charges, the White House claimed that Vladimir Putin just wouldn’t agree to it and insisted on releasing no more than one American in exchange for Bout. I can’t imagine Donald Trump accepting those terms, and indeed, he made it abundantly clear that he would not have. He blasted the deal as a “stupid and unpatriotic embarrassment” and said Whelan would have “been let out for the asking.”
Or at least he would have if any President other than Biden had asked. Putin would have easily given up two political prisoners and maybe more for the Merchant of Death (who will likely now help him obtain weapons to kill even more Ukrainians), but with Biden, he knew he didn’t have to. Note to Joe: Putin is the dictator of Russia, not of you.
Even Democratic Sen. Bob Menendez, Chairman of the Senate Foreign Relations Committee, called the release of Bout “deeply disturbing” and warned that it would incentivize dictators and rogue nations to take Americans hostage as bargaining chips.
Stephen Kruiser of P.J. Media had the most brutal take, writing, “Brittney Griner is a cliché America-hating lefty who was stupid enough to pack drugs for a trip to a hostile foreign nation. If ever anyone needed a harsh lesson about why America is better, it’s this idiot. She should have had to serve out her labor camp penalty in Russia until she was ready to wake up and sing the Star Spangled Banner every day…Bout was a HUGE bargaining chip. The U.S. should have been able to get a lot more than a dumb junkie broad for him. Paul Whelan is still incarcerated in Russia because our idiot communist overlords prioritize LGBTQ checklists über alles. Heaven help the Republic.”
This may be the worst prisoner exchange deal in history, and Biden’s most tragic botch job since the Afghanistan pullout (I consider the tragic border botch job to have started on day one.) It’s also the latest example of Biden again leaving one of our service people behind. This link has more, including Whelan’s response to being abandoned, and Biden’s non-answer when asked what is being done about Whelan’s release.
Finally, another fact worth mentioning: Just 12 hours after speaking at a vigil for victims of gun violence (most of whom these days are victims of criminals released by Democrats), Biden released one of the biggest and most dangerous arms dealers in the world, a man who arms terrorists.
Sinema leaves the Democrat Party
This story was originally published on December 10.
As Chuck Schumer was celebrating the Democrats’ win in the Georgia runoff and plotting to use their 1-vote Senate majority to force all sorts of radical garbage onto an unwilling nation, a seismic quake appeared out of nowhere: Arizona Sen. Kyrsten Sinema announced that she has left the Democratic Party and registered as an Independent.
Sinema often joined West Virginia Sen. Joe Manchin in being the only two Democrats in the Senate who stood up against the worst excesses and impulses of the leftists and their willingness to destroy the system to force through their agenda (ending the filibuster, stacking the Supreme Court, etc.) Manchin should have switched to the GOP long ago, but his going along with bad legislation, then getting stabbed in the back when the promises made to him were broken, have made him persona non grata in both parties.
Sinema is still too liberal on many issues to be a Republican, but she’s also not on board with the radical left lurch of her party, and especially not with the nasty bullying tactics they’ve adopted, like harassing her in bathrooms or making death threats against her on social media because she won’t agree to blow up the rules so that they can grab power. This is one case where we're lucky that "social justice warriors" have no social skills.
Sinema told CNN’s Jake Tapper that “both parties have created this kind of requirement or a pull towards the edges that you just unthinkingly support all of one party’s viewpoints. It’s made it difficult to find folks who are willing to work together and solve problems.” She said it won’t change what she’s been doing that much, but “I’ll be able to show up to work every day as an independent and not be stuck into one party’s demands of following without thinking.”
Unfortunately, this doesn’t mean that Schumer will lose his majority since Sinema will reportedly continue to caucus with the Democrats. But it is a hopeful sign that by driving her out, they’ve lost their leverage over her to impose their more radical, "transformative" changes. And maybe having been lied to, played as a fool and burned so badly, Manchin has also learned his lesson about trusting Chuck Schumer. He should remember the old fable about the scorpion that stung a frog that was giving it a lift across a river. When asked why he’d do such a thing and kill them both, the scorpion said, “I’m a scorpion. It’s in my nature.”
A terrible day for Republicans, Trump and America
This story was originally published on December 8.
I hate to be the bearer of bad news, but there’s no other way to put it: Tuesday was a terrible day for Republicans, for former President Trump, and for America in general in the long run.
The biggest story was in Georgia, where once again, Democrat Raphael Warnock won a narrow victory in a Senate run-off election. Only this time, it wasn’t just to give the Democrats a Senate tie but to give them control by 51-49. Any Republicans who didn’t vote (and there were more than enough to change the outcome) should be ashamed. This gives Chuck Schumer full control of Senate Committees, takes away the braking power of Sen. Joe Manchin (the only moderate left in the Democrat Party), and makes it easier for the Senate to change long standing rules and confirm Biden’s radical nominees.
Today’s Democrat leaders having no ethics other than the situational kind, we can expect to hear that the Republicans’ slim 9-vote House majority means they need to share power, compromise and not push their agenda, while the Democrats’ 1-vote Senate majority is a mandate to shove their most radical agenda items and nominees down America’s throat.
I don’t want to say that Herschel Walker was a loser in that race because he deserves respect for being a political novice who ran a good race against overwhelming opposition, lowball attacks and piles of out-of-state money and still lost by less than 2%. But it’s another coat of tarnish for former President Trump. Walker was one of his hand-picked candidates, most of whom won their primaries but cost Republicans seats in the general election. Trump is facing growing concerns that while his popularity is strong with the GOP base, he’s just too radioactive to attract swing voters who are needed to win general elections. In that regard, Ron DeSantis may be as big a winner in that race as Warnock.
Stephen Kruiser at PJ Media offers a different take, arguing that the GOP has much deeper problems that can’t be blamed on Trump.
Trump also suffered a big defeat in a New York courtroom, where a jury found the Trump Corporation and the Trump Payroll Corp, two entities under the Trump Organization umbrella, guilty on 17 counts of tax evasion and liable for a $1.6 million fine. It’s actually not as bad as it sounds: the case was based on testimony from former CFO Allen Weisselberg, who pleaded guilty to charges that he manipulated the company’s books and his own compensation package to illegally reduce his taxes, through things like not declaring the value of some of his benefits as income. You know, the type of thing that countless Wall Street executives do and never get prosecuted for it.
For Trump, it mostly amounts to a PR defeat. Weisselberg took full responsibility and did not implicate Trump or any of his family members (despite what I’m sure was extreme pressure to do so.) Even the New York Times admitted that the companies “largely perform back-office functions, employing and paying top executives, so they do not hold any loans, liquor licenses or other privileges that might slip away in the wake of the conviction.” And $1.6 million sounds like a lot, but to Trump, it’s precisely the amount of his total Presidential salary that this alleged “greedy, selfish crook” donated back to the Treasury. (FYI: Biden keeps his entire salary, but of course, he deserves it. Just look at the results!)
That link has more details, including Trump’s response. He said he will appeal the verdict, calling it part of the continuing witch hunt against him, and noted that the charges involved no monetary benefit to his companies and were entirely the actions of his ex-employee and his accountants. He also said that despite record high violent crime in New York City, the prosecutors spent all their time and effort on an unprecedented prosecution of his company over "fringe benefits" when no murder cases have come to trial in six years.
I can’t argue with that. But while I don’t want to appear to be trying to excuse cheating on your taxes, I do have to point out that the tax code is so incomprehensible even to the IRS that vindictive prosecutors could probably go after anyone over disagreements on how to interpret something like “contract worker or employee.” The real verdict that Americans should reach from this case is that we need to scrap the tax code and replace it with the Fair Tax, which would eliminate both tax cheating and partisan prosecutions over tax disputes.
Trump will also have to worry about the House January 6th Kangaroo Kommittee’s announcement that it intends to include criminal referrals as part of its report. They didn’t say whom they want to prosecute, but since it’s obvious that they’re as obsessed with “getting Trump'' as Captain Ahab was with Moby Dick, you can bet that they’ll recommend the DOJ prosecute Trump despite them failing to produce evidence that he committed any crimes.
VOTE HERE: Do you agree with President Biden's deal to swap Russian Arms Dealer Viktor Bout for WNBA star Brittney Griner?
Vote here: https://www.mikehuckabee.com/top-issue-poll
And as Bonchie at Redstate.com points out, this is bad news for Trump because between the Biden DOJ and DC juries, the lack of evidence of any crime will in no way prevent Trump from being prosecuted or convicted. As we saw with the raid on Trump’s home to seize his own Presidential documents, we’re already deep into banana republic territory.
Finally, in the last piece of bad news for Republicans, Trump and America, the Supreme Court rejected without comment a lawsuit alleging that Dominion Voting Machines and Facebook billionaire Mark Zuckerberg had an undue influence over the 2020 election. The plaintiffs argued that the Founders intended elections to be run by the people’s representatives in the states, not by private individuals whose money is used to influence the outcome.
The lower court threw out the suit not on its merits but on the controversial dodge that the plaintiffs didn’t have “standing” to sue because they couldn’t show that they suffered specific damages worse than every other voter suffered. Seems pretty weasely to shirk the court’s responsibility to ensure we have honest elections just because every American was harmed and not just the ones who brought the case, but that was the court’s excuse.
I Just Wanted to Say:
Thank you for reading the Sunday Standard.