Yes, he has been disbarred in CA. Yes he is a defendant in the Fani Willis case in Georgia. But how did he get there after a very distinguished career in constitutional law?
Warning this is a very long piece and does have some redundancy in it. But he lays out the sequence and the timeline and his sources for election issues in multiple states. And the efforts he made to verify the information he was receiving, the amount of which he described as "drinking from a firehose."
Some tid-bits but really encourage people to at least skim the whole thing. he jams a lot facts and legal procedures that were not followed in these states.
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Warning this is a very long piece and does have some redundancy in it. But he lays out the sequence and the timeline and his sources for election issues in multiple states. And the efforts he made to verify the information he was receiving, the amount of which he described as "drinking from a firehose."
Some tid-bits but really encourage people to at least skim the whole thing. he jams a lot facts and legal procedures that were not followed in these states.
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When President Trump, then candidate Trump, walked down that famous escalator at Trump Tower, one of the planks in his campaign platform was that we need to fix this problem of birthright citizenship. People who are just visiting here or are here illegally ought not to be able to provide automatic citizenship to their children. People laughed at him for not understanding the Constitution.
In his next press conference, he waved a law review article, and said there is a very serious argument that our Constitution does not mandate birthright citizenship for people who are only here temporarily or who are here illegally. That happened to be my law review article on birthright citizenship.
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Then, during the Mueller investigation, I appeared for an hour on Mark Levin's television show and said the whole Russia collusion story (which Trump rightly called the Russia "hoax") was illegitimate completely made up. President Trump thought that my analysis was pretty good, and invited me to the White House for a visit.
When the major law firms were backing out of taking on any of the election challenges, President Trump called me and asked if I would be interested. Texas had just filed its original action in the Supreme Court against Pennsylvania, Georgia, Wisconsin, and Michigan -- four swing states whose election officers had clearly violated election law in those states and with an impact that put Biden over the top in all four.
Two days later, I filed the motion to intervene in the Supreme Court in that action. The Supreme Court rules require the lawyer on the brief to have their name, address, email address and phone number.
Nobody in the country at that point really knew who Trump's legal team was, but all of a sudden people had a lawyer and an email address. I became the recipient of every claim, every allegation, crazy or not, that existed anywhere in the world about what had happened in the election. It was like drinking from a fire hose.
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I received communications from some of the best statisticians in the world who were working with election data and who told me there was something very wrong with the reported election results, according to multiple statistical analyses.
One group decided to do a counter-statistical analysis. They said the statisticians had misapplied Stan Young's path-breaking work. Unbeknownst to them, one of the statisticians I was relying on was Stan Young himself.
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Those were the kinds of things we were dealing with. I became something of a focal point for all this information. The allegations of illegality were particularly significant. I'll just go through a couple of states and a couple of examples:
In Georgia, the Secretary of State, Brad Raffensperger, signed a settlement agreement in March of 2020 in a suit that was filed by the Democratic Committee that essentially obliterated the signature verification process in Georgia. It made it virtually impossible to disqualify any ballots no matter how unlike the signature on the ballot was to the signature in the registration file.
The most troubling aspect of it, to me, was that the law required that the signature match the registration signature. Secretary Raffensperger's settlement agreement required three people to unanimously agree that the signature did not match, and it had to be a Democrat, a Republican and somebody else, so you were never going to get the unanimous agreement. That means no signature was ever going to get disqualified and in Fulton County, election officials did not even bother conducting signature verification
When Brad Raffensperger, who is not part of the legislature, unilaterally changed the rule from what the legislature had adopted by statute, that change was unconstitutional, not just illegal.
Another alteration of the rules set out by the legislature occurred in Fulton County. Election officials there ran portable voting machines in heavily Democrat areas of Atlanta, which was contrary to state law.
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Pennsylvania. One of my favorite cases comes out of Pennsylvania. The League of Women Voters, which claims to be non-partisan but is clearly anything but, filed what I believe was a collusive lawsuit against the Democrat Secretary of the Commonwealth of Pennsylvania, Kathy Boockvar, in August of 2020.
The premise of the suit was that the signature verification requirement that election officials had been applying in Pennsylvania for a century violated the Due Process Clause of the 14th Amendment because voters whose ballots were disqualified were not given notice of the disqualification and an opportunity to cure the problem.
The premise of the lawsuit was that there was a signature verification process but that it violated federal Due Process rights. The remedy the League of Women Voters sought was to have the court mandate a notice and opportunity to cure requirement.
The Secretary of the Commonwealth of Pennsylvania decided to resolve the lawsuit by providing something the League had not even requested. She decided, on her own, that Pennsylvania did not really have a signature verification requirement at all, so the request relief notice and opportunity to cure would not be necessary.
Unilaterally, she got rid of a statute that election officials in Pennsylvania had been applying for 100 years to require signature verification. She then asked the Pennsylvania Supreme Court to approve what she had done.
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Wisconsin. One of the people who has testified for me in my California bar proceedings was Justice Mike Gableman, former Justice of the Wisconsin Supreme Court. He was hired by the Wisconsin legislature to conduct an investigation.
His investigation efforts were thwarted at every turn, with the Secretary of State and others refusing to comply with subpoenas, etc. Nevertheless, he uncovered an amazing amount of illegality and fraud in the election. For example, the county clerks in Milwaukee and Madison had directed people that they could claim "indefinitely confined" status if they were merely afraid of COVID.
That is clearly not permitted under the statute, but voters who followed the county clerks' directive and falsely claimed they were "indefinitely confined" did not have to submit an ID with their absentee ballot as the law required -- again, opening the door for fraud.
Although the Wisconsin courts held that the advice was illegal and ordered it to be withdrawn, the number of people claiming they were indefinitely confined went from about 50,000 in 2016 to more than a quarter of million in 2020. The illegal advice provided by those two county clerks in heavily Democrat counties clearly had impact.
Election officials in heavily Democrat counties also set up drop boxes. They even set up what they called "human drop boxes" in Madison, which is the home of the University of Wisconsin. For two or three consecutive Saturdays before the election, they basically ran a ballot harvesting scheme at taxpayer expense with volunteers whom I suspect were actually supporters of the Biden campaign -- working as "deputized" county clerks to go collect all these ballots, in violation of state law.
How do I know it is a violation of the state law? The Wisconsin Supreme Court after the fact agreed with us that it was a violation of state law.
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Then in Michigan, we had similar things going on. We probably all saw the video of election officials boarding up the canvassing center at TCF Center in Detroit so that people could not observe what was going on. There were hundreds of sworn affidavits about illegality in the conduct of that process in Detroit.
Then there was one affidavit on the other side submitted by an election official who was responsible for legally managing the election. He said, basically, that everything was fine, it was all perfect.
The judge, without holding a hearing on a motion to dismiss, at which the allegations of the complaint are supposed to be taken as true, rejected all the sworn affidavits from all the witnesses who actually observed the illegality, and instead credited the government affidavit without the government witness evening being subject to questioning on cross-examination
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Of the cases that actually reached the merits --there were fewer than a dozen of them, if I recall correctly -- Trump won three-fourths of them. You have never heard that in the "New York Times." And the Courts simply refused to hear some clearly meritorious cases, such as one filed in the Wisconsin Supreme Court. The majority in that case simply noted that it did not see any need to hear the case, over a vigorous dissent that basically said, "Are you nuts? This was illegal, and we have a duty to hear the challenge."
Two years later, that same Court took up the issues that had been presented to it in December 2020, and it held that what happened was illegal. But by then it was too late to do anything about it.
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