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A couple of days ago, I wrote –- this was fairly tongue-in-cheek –- about Joe Biden deserving prosecution under the Logan Act, as he is a private citizen speaking under no authorization with world leaders to affect foreign policy. It seemed particularly fitting; after all, Biden is reportedly the one who brought up the Logan Act in the Oval Office as a way to target Michael Flynn. (Ironically, unlike Biden today, Flynn was justified in talking with foreign leaders, as he was incoming national security adviser during an OFFICIAL TRANSITION.)

Since raising the issue of the Logan Act, I’ve seen that others are wondering about this, too

Biden is “playing President.” The media are playing along. He addresses them in front of an official-looking cardboard backdrop that says he’s the President-elect, and the media take him seriously because they choose to. JOE BIDEN IS NOT THE PRESIDENT-ELECT.

He might, God forbid, actually become President-elect if he survives the careful examination of the vote that absolutely must occur. But with the myriad allegations of massive, deliberate fraud that might be confirmed and reverse the count enormously in key states, he might not get through that process. Democrats were the ones who pressed for massive mail-in balloting, which --- intentionally, I believe --- weakened the process and left it vulnerable to outside manipulation (especially by the dead, ha). So they’re just going to have to wait while we make sense of the crazy result, which statisticians say is mathematically impossible.

The vote has NOT been certified. I’m reminded of Lucy informing Charlie Brown, “Peculiar thing about this document. It was never notarized.” For once, it’s time for the Republicans to pull away the football and let the Democrats land helplessly on their backs.

As reported in the WASHINGTON EXAMINER, Biden is already play-acting the role of President-elect, accepting “congratulatory” calls from world leaders from France, Germany, Ireland and the U.K. and discussing issues such as climate change and COVID-19.

In her report, Haley Victory Smith refers to him as the “apparent President-elect.” Apparent to WHOM? Haley Victory Smith?

Smith says that despite Trump’s refusal to concede, “many world leaders have recognized Biden as the victor.” Well, that’s probably because they listen to our media, and also because Biden's already assuming the mantle of power, quite inappropriately, speaking with them about foreign policy when he’s not supposed to be doing it.

I would add that one leader who HASN'T yet congratulated Biden is the president of Mexico, Andres Manuel Lopez Obrador; he says he himself has been “robbed” of office before by a corrupt process and will wait until our count is certified. Of course, AMLO is catching a lot of grief in the press for doing the right thing.

Reports say he "refuses," but that's too harsh; he's just prudently waiting until our legal issues are resolved, as our own media should.

Anyway, Biden’s team has been quite open about these talks, as they add to the perception that he really is Prez-in-waiting. They say Biden spoke to French President Emmanuel Macron about Iran’s nuclear program (!). He spoke to British Prime Minister Boris Johnson about Ukraine (!) and the Western Balkans.

"I’m letting them know that America is back,” Biden told reporters. “We’re going to be back in the game. It’s not America alone.”

Now wait just a doggone minute. I realize the media are playing along with this “game” –- an unwittingly apt choice of words from Biden –- but the “game” has gone too far.

During the presidential debate hosted by Chris Wallace on September 29, Biden was asked, as the final question, “Will you urge your supporters to stay calm while the vote is counted, and will you pledge not to declare victory until the election is independently certified?”

Biden did not waver: “YES. And here’s the deal: We count the ballots, as you pointed out. Some of these ballots in some states can’t even be opened until Election Day, and if there’s thousands and thousands of ballots, [it’s] gonna take time to do it.”

And so it will. But Biden has PLEDGED not to declare victory until the election results are certified. The results have not been certified, so...does this mean he hasn't declared victory? And if he hasn’t, what in blazes is he doing “playing President” and talking with foreign leaders about Iran and Ukraine? Trump's the President; Biden's a private citizen. Say, isn’t that a violation of the LOGAN ACT??

I would really like to have an answer to this. And I want it from his own lips, not in some CYA statement put out by his legal team.

Last Saturday night, Megyn Kelly said on NEWSMAX that the legal fight over the election is not over, even if the margins make it a longshot. (I would add that since Saturday, hard evidence has been produced that makes it seem like less of a longshot.) She said the Trump campaign deserves its days in court and the election deserves to have “its tires kicked,” particularly in Pennsylvania, where judges had no business jumping into what the legislature constitutionally determines.

Kelly called Trump’s fight “an uphill battle.” But almost a week later, we’ve got sworn evidence of large-scale lawbreaking, and we don’t yet know the extent of the targeted election fraud that appears to have taken place. Kelly accused Biden of being worse than disingenuous with his calls for unity and healing. She called him hypocritical for alienating everyone who voted for Trump at the same time he’s claiming he can unite all Americans.

"[Biden’s speech] was written by a man in his basement for the past year,” she said. (I would add that it’s unlikely Biden himself wrote the speech.) “Because the nation’s extremely divided right now...And you need to look no further than Joe Biden’s own party.”

"Biden’s been saying this all along,” she said. “He’s the unifier, he’s the one who’s going to bring us together. It sounds delightful...and I want that...But let’s get real. It’s not connected to reality on the ground in this country right now. And the only reason you’re hearing Biden and all these Democrats calling for it is because they won.”

Megyn, just one tiny point of clarification: it’s because they want you to THINK they won. Again, they haven’t.

But, but...THE NEW YORK TIMES splashed a big headline on Wednesday’s paper: ELECTION OFFICIALS NATIONWIDE FIND NO FRAUD. This is just more "gaslighting" to make us believe voter fraud is a bogus conspiracy theory --- you know, like the one they've helped perpetrate against Trump for going-on five years. Ignore them.

Joe, stop “playing President,” or you might have to be indicted for violating the Logan Act. Wouldn’t that be something if you had the distinction of being the first American to be successfully prosecuted under it? I just love the idea.

Yesterday, we brought you the story of how Biden’s team is already pressuring the General Services Administration to anoint him as the “President-elect” –- well, heck, the media have –- and to immediately start the “transition” process for a Biden administration.

We said wait just a doggone minute. Nothing about this is official yet. The head of the General Services Administration, in charge of setting up the “transition,” agreed that the Biden team’s push for this was premature. And, as of Monday, something else IS official: Attorney General Bill Barr has sent a memo authorizing the Department of Justice (including all U.S. attorneys and FBI Director Christopher Wray) to investigate voting irregularities in the 2020 election.

Barr apparently reads his mail. On Friday, 39 Republican members of the House had written Barr, appealing to him to allow DOJ resources to look into the allegations and make sure the election and vote counting process are fully consistent with state and federal law. People who’ve been asking, “Where is Bill Barr?” should be glad to know he’s on the job.

The letter to Barr, authored by Rep. Michael Cloud of Texas, said, “While each state runs its own election process, the United States Department of Justice is ultimately responsible for the integrity of federal elections. The American people must have the utmost confidence that the outcome of the presidential election is legitimate.”

Here’s the memo from Barr authorizing the investigation. It makes great reading.

Barr says that to wait until after the vote is certified would not be advised, as “Such a passive and delayed enforcement approach can result in situations in which election misconduct cannot realistically be rectified.” No kidding.

Barr is minimally concerned that these actions will impact the vote, in that voting has already taken place. “...I authorize you to pursue substantial allegations of voting and vote tabulation irregularities prior to the certification of elections in your jurisdictions, as I have already done in specific instances.” Also, he warns: “While it is imperative that credible allegations be addressed in a timely and effective manner, it is equally imperative that Department personnel exercise appropriate caution and maintain the Department’s absolute commitment to fairness, neutrality and non-partisanship.” Barr stresses that he isn’t saying voting irregularities have impacted the outcome of any election, just that he’s giving the authority to address those allegations.

This phrase jumps out: "...as I have already done in specific instances." No elaboration. Apparently, some investigation of specific allegations has already been going on.

Barr didn’t predict where this would eventually lead: “...it would likely be prudent [for U.S. attorneys] to commence any election-related matters as a preliminary inquiry, so as to assess whether available evidence warrants further investigative steps.”

Attorney Harmeet Dhillon, in a piece she wrote for FOX News, lays out the various GOP lawsuits examining a variety of irregularities at the polls in Michigan, Georgia, Arizona and Pennsylvania, explaining how they likely could have impacted the vote in those states.

As reported in the EPOCH TIMES, a 78-page lawsuit has been filed by David A. Kallman, senior counsel with the Great Lakes Justice Center, in Detroit (Wayne County) alleging “clear fraud” and numerous issues of misconduct.

In Pennsylvania, House Speaker Bryan Cutler has called for a “full audit” of the presidential election returns before the vote is certified. He cites “very serious equal protection rights issues” due to votes from different counties being treated differently.

Also, 10 attorneys general have filed an amicus brief with the U.S. Supreme Court in support of Pennsylvania Republicans who are asking that the ruling extending the deadline for mail-in ballots be overturned. As we’ve discussed, it’s the state legislature’s job to set the deadline, not the governor and the state supreme court.

Here’s the brief.

We reported yesterday on another serious allegation, this one about voting machine software deliberately flipping votes. There’s much more to be examined before we can be confident we've counted every legal vote but not the illegal ones.

My point: this is far from over. Biden may be deluded into thinking he’s officially the President-elect –- and I can understand this if he’s watching almost any news outlet --- but HE IS NOT THE PRESIDENT-ELECT. It’s almost as if he, like the rest of America, were being “gaslighted” about this. So, it occurs to me that another question, only slightly tongue-in-cheek, needs to be asked: Since Biden is essentially a private citizen right now, with the race up in the air, is he already talking with foreign leaders as if he were President?

When he was Vice President, attending a January 5, 2017, Oval Office meeting with outgoing President Obama and a handful of top-level bureaucrats, he reportedly (according to Sally Yates) brought up the Logan Act, an obscure law that said it was a crime for a private citizen to conduct foreign policy. Ordinarily, I wouldn’t care about this centuries-old law that has never been used to successfully prosecute anyone, but since Biden himself apparently thought it was a good law to use to go after then-incoming National Security Adviser Michael Flynn, it might be fun to look at applying it here.

Is Joe Biden already talking with foreign leaders and trying to set foreign policy as a private citizen of the United States? If so, he’s certainly as subject to the Logan Act as Mike Flynn was --- arguably more so, since Flynn actually was serving the duly-elected President during an official transition period.

(Related: Biden’s team is rumored to have been working behind the scenes with Trump’s Secretary of Defense Mark Esper, even though election results have not been certified, votes are still being counted and alleged irregularities are being investigated. You will note that President Trump has just terminated Esper. Trump's being savaged by the media –- so what else is new? –- for firing Esper during the “transition” --- which is NOT officially underway --- but the two reportedly had a strained relationship, and if the rumors are true about Esper coordinating with the Biden team, one has to wonder what else has gone on behind Trump's back.)

Now, here's where the Logan Act comes in: We know Biden plans to take a far different approach to foreign policy, particularly with Iran and China, than Trump did (unfortunately), so I wonder if he's already been in touch with, say, Tehran or Beijing, undermining Trump's policy. Biden is not a member of the current administration, nor is he even officially cleared to be in the “transition.” Since calls between Americans and foreign leaders are surely picked up by our surveillance, if Biden is "playing President" on any of those calls, I assume his name will be unmasked, he will be investigated and interrogated by the FBI –- with the goal of catching him in a perjury trap and ensnaring him in litigation for years –- and he will possibly be prosecuted under the Logan Act for trying to affect U.S. foreign policy as a private citizen.

It wasn’t too harsh a punishment for Mike Flynn.

And now, here's a similar take, just found at RedState.com. I swear we thought of this completely independently.

If you saw Maria Bartiromo’s SUNDAY MORNING FUTURES yesterday, you know that legal powerhouse Sidney Powell --- known for her determination in defending Michael Flynn --- has taken a leading role in Trump’s election challenge in a number of states. Lawsuits are expected to be filed Monday, including at least one in Pennsylvania.

Powell claimed that “there has been a massive and coordinated effort to steal this election from ‘we the people of the United States of America,’ to delegitimize and destroy votes for Donald Trump, [and] to manufacture votes for Joe Biden. They have done it in every way imaginable, from having dead people vote in massive numbers, to absolutely, fraudulently creating ballots that exist, only voting for Biden.”

As the WASHINGTON EXAMINER reports, Powell said on the show that at least 450,000 ballots –- this includes 98,000 in Pennsylvania, 80-90,000 in Georgia, 42,000 in Arizona, 69-115,000 in Michigan and 62,000 in Wisconsin –- have already been identified in key states that “miraculously” have just a mark for Biden in the presidential race but no other mark down the ballot, not even for big races such as for U.S. Senate. (That in itself is not proof of ballot box-stuffing, but it’s very unusual and highly suggestive of it.) She said that if you look at the ballots in Florida, “where things were done right,” you can see how the rest of the balloting should have gone.

She also said an “algorithm” was used to calculate the number of votes they’d need to flip and they used computers to do this. She suspects the same method was used to cause Doug Collins and John James to lose their races. “There were many people affected by this. We have got to fight tooth-and-nail in federal court to oppose this abject fraud and the conspiracy behind it.”

But the news that made headlines was her claim that the software used in voting machines manufactured by Dominion Voting Systems, a company in which top Democrats hold significant interest, flipped votes from Republican to Democrat or added votes that didn’t really exist. She said the “glitches” that happened never should have. (Maria also mentioned the “stop-downs” as returns came in as something she’d never seen.) For more details, the WASHINGTON EXAMINER has a report.

If Powell does have evidence of this, she didn’t present it on the show. She did say that some Democrats should be angry about this, too, naming Bernie Sanders as someone who may have lost primary elections through this same tactic.

This is something that absolutely must be checked out. Dominion machines are in use in 28 states and Puerto Rico, including ALL the battleground states where Trump’s team is contesting the vote count.

In answer to Maria’s question about investigation by the Department of Justice, Powell said she didn’t know where they were on it, but that they need to be investigating. (I realize they don’t announce when they are investigating, but in this case they need to be on it, fast.) Powell also noted that they now have an affidavit from a postal worker who swears he was told to back-date ballots. She also said there are “at least three major federal issues” for the Supreme Court to resolve.

She says that when the real votes are counted, “Trump will win. He is the President, and he is in charge of this country.”

Where to start on the situation we as a nation are now facing? First, let’s get one thing clear: Does anyone think for ONE SECOND that –- given all the anomalies of this election and the strange turnaround that completely changed the outcome –- if the situation were reversed and Trump were ahead, the Biden campaign would say, “Yes! The people have spoken! Donald Trump has won re-election! We’re leaving now.”? Anyone?

Of course they wouldn’t. They’d recount close states and find every bit of evidence of voter fraud that might have influenced the outcome –- which this year, I must point out, is all coming from the Democrat side. They’d NEVER go quietly. (Recall Gore in 2000 –- that took well over a month.) So anyone –- including the media –- saying it’s over and Trump should concede need to put a cork in it until we determine the actual vote count.

The left NEVER accepted Trump as the duly-elected President, even though he was. They concocted a story about Russians and STILL push it, though exhaustive investigation found no evidence. They undermined him –- and demeaned us –- at every turn. They tried to remove him with a sham impeachment. Now, they expect us to slump away defeated after a few days while they coronate his opponent? NO.

Biden is already pretending to be the President-elect, giving speeches saying “the people have spoken.” Actually, the media have spoken, but they don’t decide this. They DON’T certify the vote. Still, they just can’t wait, so this is the kind of headline we’re seeing everywhere.

When Democrats say “the people have spoken,” that’s not what they mean. They refer to the ballot count, which may or may not reflect the people’s will. They want to freeze it before it can be shown that “the people” might want something very different from what THEY want to give them.

My staff and I have been looking through almost countless reports about this to see what is partisan spin (from both sides) and what might actually reflect reality. Here’s some good sense from AMERICAN THINKER.

The author, Jay Valentine, is clear that he supported Trump and has tried hard to contain his confirmation bias, but he has a degree in statistics and sees plenty of reason to examine the result. Not only is this NOT OVER, he says, but it’s “scary for Biden.” That’s why the Biden campaign and the media (but I repeat myself) are in such a hurry to declare him the winner and get everybody used to the idea.

Valentine first looks at Philadelphia and the order from Justice Alito to keep late ballots separate. Remove those, and Trump wins Pennsylvania. (Of course, there are scores of eyewitness accounts that suggest outright fraud in Philadelphia, also in Pittsburgh.) Valentine thinks Trump will win the state.

Here’s a story we found about Pennsylvania accepting mail-in ballots for this election at almost 30 times the rate predicted by historical rejection numbers. Hmm...

Valentine also finds numerous anomalies in Nevada and Wisconsin. For example, Wisconsin election clerks were told to fill in ballots themselves where critical information had been left off. This information is supposed to be resolved before Election Day. Such ballots don’t count, at least according to retired Wisconsin Supreme Court Justice Michael Gableman, who said on local radio that the statute is “very, very clear. If an absentee ballot does not have a witness address on it, it’s not valid.” The Wisconsin GOP “estimates that thousands of witness addresses may have been changed.” Here are more details concerning Wisconsin.

Michigan is a mess, too, especially Detroit, where many accounts have emerged about GOP observers being ejected or otherwise barred from seeing the process. Here’s just one.

By the way, don’t look for such reporting through a Google search. They’ve “fact-checked” it and found it all to be “false.” Not so.

Problems have also arisen on a smaller scale; example, Michigan.

"Voter fraud is kind of like larceny,” Valentine says. “A little is okay. It is even kind of entertaining...” (like all those jokes we’ve told about dead “Democrats” voting) “...But voter fraud on this scale is just not sustainable. It does not pass the common sense test...The overwhelming number now goes beyond humor and rubs our faces in it.”

Trump has, as he puts it, “gone to the mattresses.” We’ll just see what the “will of the people” is.

Also, Mark Levin had a MUST-SEE program this Sunday on LIFE, LIBERTY & LEVIN. Here’s a great clip of him with guest Ken Starr; if you missed it Sunday night, the show in its entirety should be online soon.

As they discussed, it was a deliberate choice to have legislators direct the process for choosing electors for their states, to keep it as close to the people as possible. This “got lost in the Pennsylvania shuffle,” Starr said, calling what the governor did through the state supreme court to change the rules “a constitutional travesty.” Justice Alito has stepped in to say, in effect, that “the legislature is the boss.” That’s why he’s having late ballots counted and kept separately, pending a decision by the full Court about the power of the state legislature.

"To ‘count every vote’ may be a crime” under state law, Starr said, perhaps even under federal law. You don’t count every ILLEGAL vote. “It’s shameful,” he said, “that Vice President Biden’s people and the Vice President himself are saying ‘Count every vote’ and selling a lot of t-shirts.”

Levin observed, “The Democrats...want to vote earlier and earlier and count later and later.” Yes, to create unreliability and chaos. (I would add that it keeps early voters from being able to change their minds.) Starr cited two cities, Detroit and Philadelphia, for having “a sordid history of voter fraud,” involving “criminal convictions” that in Pennsylvania involved the sitting state senate majority leader, who went to jail.

Imagine someone actually going to jail over this!

As Levin said, there have been over 300 lawsuits this year in key states, to “stack the deck” with the methodology by which votes are cast and counted, setting us up for the current mess. (I should mention that we previously reported Clinton attorney Marc Elias of the firm Perkins Coie being particularly active in this process.)

Levin also hosted constitutional scholar and election law expert Hans von Spakovsky, senior legal fellow at the Heritage Foundation and a former commissioner for the Federal Election Commission. He was also counsel to the assistant attorney general for civil rights in the DOJ, in charge of enforcing voting rights law. He spoke about those 300+ lawsuits, which had “a common theme.”

"They all tried to get the security protocols that are in place for absentee or mail-in ballots eliminated,” he said. Signature requirements, signature comparisons, limits on ‘vote harvesting,’ voter ID –- they wanted it all out the window. Is that to ensure we “count every vote,” or that we “count every ballot, real or not”?

Be sure and watch the entire interview, as well as Levin’s closing statement --- you’ll see why the media and the Biden campaign (same thing) do NOT get to call this election; why it might very well turn out differently; and why it’s so important, whatever the outcome, that this be done right.