A case before the U.S. Supreme Court—the only legal action to seek an independent investigation of our country’s 2016 election—seeks also, if collusion occurred between Russia and the GOP  campaign for President, an order the election be declared void ab initio.  Bailey, et al v U.S., et al, is set for conference on September 25, 2017. The Petition cites treason, among other grounds, as how the relatively few votes needed in “swing” states to grab the Electoral College were flipped. Petitioners have “standing” as voters, and some as voters in those in those swing states.
   The highest court of another country just declared its presidential election void.
   The Supreme Court of Kenya—a nation of nearly 50 million—has voided its Presidential election held last month, and ordered a new election be held in 60 days. Kenya’s Chief Justice David Marenga stated: “An election is not an event, it is a process from the beginning to the end.”  Those words hold as true for the United States as for Kenya.
   Bailey v U.S. is brought before the Court as a Petition for Writ of Mandamus. The Petition asks for independent investigation by a “Special Master.”  An independent investigation by Special Counsel Robert Mueller is impossible because Special Counsel Mueller is in the Executive branch and subject to being “fired” by the President.  On that date, a lot of time will have been spent.  The houses of Congress are unwilling to investigate.  Republicans are too vested and Democrats are too timid.
ARGUMENTS AGAINST BAILEY?   
1) THERE’S NO EVIDENCE OF RUSSIA-TRUMP CONNECTIONS.
   This is a matter that is solidly established, except to the 38 percent of Trump voters who deny anything—even his own words on tape—that place Trump in an unfavorable light.  
   Speaker of the House Paul Ryan, President Donald Trump, and Vice President Mike Pence have all admitted to Russia having interfered with our election.  The ties between Trump and Russian oligarchs go back decades.  Trump lied during the campaign when he said he had no financial ties to Russia.  At the same time he signed an agreement in regard to construction of a Trump Tower in Moscow.  Congressional enactment last month cited the 17 U.S. intelligence agencies that found Russia tried to interfere with our elections.
2) THERE’s NO EVIDENCE RUSSIAN INTERFERENCE AFFECTED THE RESULTS.
   First, Vladimir Putin is reported to have spent tens of millionns of dollars on the U.S. elections. If Putin had not achieved the results he sought, there probably would be a lot of bodies missing from various places, here and in Russia.
   Second, irregularities have been found in voting in Wisconsin, Michigan, Florida, Ohio, North Carolina, and Pennsylvania.  In Bailey, Petitioners seek an independent investigation to determine the extent of Russia’s efforts and whether the results were altered.
3) STOP WHINING—THE DEMOCRATS LOST.
   This is not a game.  The current occupant of the Oval Office lost—on the losing side, came up short, was not in first place—by three million (3,000,000) votes.  With each day come new revelations of collusion between Russia and the Trump campaign. The election was not a sporting event.  The 2016 election was about the Nation’s and the World’s future.
4) THE SUPREME COURT CANNOT DECLARE AN ELECTION VOID.
   In 1976, a United States District Court noted that the Federal courts have the equitable power to nullify an election.  :  “Protecting the integrity of elections particularly Presidential contests is essential to a free and democratic society. ... It is difficult to imagine a more damaging blow to the public confidence in the electoral process than the election of a President whose margin of victory was provided by fraudulent registration or voting, ballot-stuffing or other illegal means.” Donohue v. Board of Elections, 435 F.Supp. 957 (E.D.N.Y. 1976).  Early in our Nation’s history, the Supreme Court held a mandamus action such as this can be brought if there is no other adequate, specific, legal remedy. Marbury v Madison, 5 U.S. 137, 150 (1803).  
5) A STATE OF WAR MUST EXIST FOR TREASON TO OCCUR.
   The Constitution defines treason to include “adhering” to an enemy—in this case  Russia.  If treason only can be charged during time of “war,” “treason” only can have been a crime during roughly 12 years in our Nation’s history.
6) IMPEACHMENT WILL OCCUR.
   First, impeachment and conviction would have to occur for removal of the current occupant from the Oval Office.  That would be protracted and to a degree partisan.  In the meantime, the wrongdoers enjoy the fruits of their wrongful conduct.  Second, Vice President Pence was on the same ticket.  We should not allow anyone to benefit if it is established Russia had its way with our elections.
   The 2016 election was a process—not a one-day event.  Russia clearly set about to have an effect on the results of the election months, and perhaps several years, before the election was held.  
   Human beings came into being in East Africa according to our mitochondrial DNA.  We evolved from there and spread throughout the World.  Perhaps we should look to the place where our species has its roots for an idea of how we can address an election that was stolen through treason, as alleged in the Petition in Bailey.  James Madison wrote only the judicial branch is sufficiently independent to determine disputes such as this.  
   I am counsel of record for the twelve (12) Petitioners in Bailey.  We face a constitutional crisis as grave as any in our Nation’s history.  This effort is not “partisan” for either party.  The effort is to take control of the Oval Office back from a hostile foreign power—Russia.
   If you agree that at the very least an independent investigation, as I have described, should be conducted or, further, the election was stolen, please share this with at least three other people.  Ask each of those people to share, in turn, with three other people.