Some say: respect Trump because Trump is President. Usually, and ironically, these same people used a horrible racial expletive for eight years at mention of President Obama, Blind obedience to authority is a quality against which this country was founded. The Framers of The Constitution created checks and balances in our system of government because The Framers knew about, and were all too familiar with history about, human frailties.
Yesterday’s indictments startled a lot of people, perhaps the current occupant of the Oval Office most of all. One report says Trump is holed away on the third floor of The White House, cursing about the latest developments.
Our country, and the World, face a crisis because Russia’s dictator Vladimir Putin hacked our 2016 elections to place, in the Oval Office, a psychotic buffoon.
Special Counsel Robert Mueller has taken his job—to investigate the 2016 election, ties between the Trump campaign and Russia, and any matters that arise during that investigation appropriate also to investigate—seriously. Unfortunately, Special Counsel Mueller (especially, the better he does his job) can be fired by Trump.
Also, unfortunately, the means of removal of a sitting President, specified in the Constitution, impeachment (Art. II, sec. 4) and inability to discharge duties of office (Amend. XXV), would leave in place actions by an illegitimate President.
In Bailey, et al v United States, et al, docket 16-1464, Petitioners sought to have the 2016 election declared void ab initio. The Supreme Court dismissed Bailey without comment—i.e., not “on the merits.” A similar action will be filed before a U.S. District Court. The differences between a district court and the U.S. Supreme Court, relevant to this matter, are that a district court is a plenary court. SCOTUS usually refrains from exercise of its original jurisdiction in certain matters.
The election should be declared void ab initio. If you sign a contract to purchase a car, but you learn there is no car, you would be right to expect (1) the contract be declared void (so no more monthly payments) and (2) you get your money back.
In 2016, Trump was elected through collusion with a foreign power and through material representations he knew to be false—that he would “preserve, protect and defend the Constitution of the United States” Art. I, sec. 1—and upon which the American people relied—those who voted for him so he could get close enough for “flipped votes” to make a difference—to their detriment. Those voters were unaware they had voted for someone who, at best, was chosen for his incompetence to damage our country by Vladimir Putin.
Our rights to vote and to have our votes counted should be protected at least to the same degree as we are protected in purchase of a non-existent car.
Federal courts have the power, through their equitable jurisdiction, to void a Presidential election the margin of victory for which was obtained through illegal means. Donahue v Bd of Elections, 435 F.Supp.957, 968 (E.D.N.Y. 1976).
The appointments to office made by Trump and the executive orders he has issued are matters achieved as a result of fraud and of treasonous collusion with a hostile foreign power.
I admire what Mr. Mueller has done, but the scope of his job does not go far enough and, besides, he can be fired by Trump.
Comments are closed for this blog post