Morgan Freeman and Rob Reiner are great and courageous to have formed the Committee to Investigate Russia. Mr. Freeman stated we “have been attacked” and that we “are at war.”
The evidence of Russian attacks on our 2016 elections is beyond serious question. Russia hacked voting software in at least 21, and perhaps as many as 39, states; paid people in the Trump campaign; and weaponized the internet.
Russian President Vladimir Putin hates democratic principles and systems. He sought to compromise our system and place in the Oval Office his preferred candidate for President.
Putin only had to “flip” a relatively few 40,000, votes in a few “swing” states to nab the Electoral College for a person who lost the popular vote by three million.
In Federalist Paper No. 68, Alexander Hamilton warned against the “desire in foreign powers” to raise “a creature of their own” especially to President.
“The Constitution ... protects the right of all qualified citizens to vote, in state as well as in federal elections.” Reynolds v. Sims, 377 U.S.533, 554 (1964) as cited in Donahue v. Board of Elections, 435 F.Supp. 957, 966 (E.D. NY 1976). A person’s participation in the political process through voting and having her or his vote counted is a right both ‘individual and personal in nature. Reynolds v. Sims, 377 U.S. at 561. The right to vote can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise to vote. Reynolds, 377 U.S. at 554.
The most basic rights are illusory if the right to vote is undermined. Wesbury v. Sanders, 376 U.S. 1, 17 (1964).
Messrs. Freeman and Reiner need not re-invent this particular wheel.
SCOTUS case Bailey, et al v U.S., et al, docket 16-1464 will be considered in conference tomorrow by the Supreme Court.
Visit Revote2017 dot net to see what you can do, in these last hours, to help to get the Supreme Court to hear this case—in which Petitioners ask that a Special Master (under the Federal Rules of Civil Procedure) be appointed to conduct an investigation independent of the Executive or Legislative branches, and, if Russia’s interference is found to have influenced the outcome of the 2016 elections, the results of the election be declared void.
Disclosure: I am counsel of record for the petitioners in Bailey.
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