I’d like to think that my calls for “peace” woven into my public statements regarding these events have become repetitive to the point of being tedious. I just scrubbed the one moment of ill-conceived humor I could think of to the contrary (a comedic suggestion to any federals ordered to fire upon civilians or given other Unconstitutional orders, which I have amended and expanded to focus on consulting UCMJ, lawyers, and conscience). If any reader knows of any other moment within these essays where such dark humor as I might have directed at bankers in the past were included in a essay about DC, please let me know in the comments (because I cannot think of any more).
Other than that, as I say, I would think would have grown wearisome my calls in speeches and interviews for America to show why it is the exceptional country: because we are not not only going to get through this, we are going to do so peacably. Going back to when I was first appearing on Tracy Beanz and similar podcasts, I have spoken lines such as, We are going to rally peacably! We’re not the goons! They are the goons but we are the ones who remain peaceful! We are going to get through this peacefully! Etc.
I have been surprised at how few have wanted to discuss what that idea means in practice. The answer is not self-evident. I have dropped a solution into a couple-few interviews, and one quite clearly about a week ago. Let me approach methodologically here my dreams and aspirations (far-fetched though they be) and what (in my view) yours should be:
- For me, violence is a hard constraint. It may not be for you, dear reader, and I understand that. I suppose I have seen the aftermath of civil wars enough to know that preventing one is Guardrail #1 for me. Though I have never been part of the “Trump will be reinstated by August” crowd, and made that clear repeatedly in interviews, I made the mistake with one pestering journalist of allowing that (based on what I expected to come from Maricopa and other forensic audits) it could happen (not that it WOULD), and they have false tried to lump me in the “Trump will be reinstated by August” crowd. But I repeat: I fear that would trigger a civil war, and is a bridge too far. If you are one desirous of Civil War II, I am not the guy to whom to pay attention.
- The process-driven side of me reads the Constitution to say that no matter what the facts are or later turn out to be, any disputes were sealed by the kiss of the United States Senate on January 6-7. That there has to be a finality to the decision lest Executive powers be impaired. In my book I wrote that the Framers knew the political question had to be resolved with finality, so the Framers put this in step, the Senate’s ratification, to seal it.
- I do understand that there are lawyers who say that there is a fundamental principle in law that holds that fraud vitiates everything and that this would govern here. If this principle governs, it would mean that the fact that the Senate sprinkled holy water on things January 6-7 is not decisive if it later turns out to have been driven by fraudulent elections (as I believe the Maricopa audit will prove).
- I do not know how to adjudicate between those two principles. However, in the absence of a good argument to the contrary, I would think the right argument is this: The Framers clearly anticipated that a “tumult” in elections in the states could spill its way up the chain to DC, and in order to seal that off they created the process by which the US Senate ratifies the states’ electoral votes. I would imagine that part of that thinking was the danger of having an Executive decided in a process that could be, in any way, unraveled. Thus, they would have understood the need for a process to deliver a result that was final, come hell or highwater.
- So reluctantly I affirm to my readers: I am not in this because I think getting Trump reinstated by SCOTUS this year is a feasible reality.
- Anything is possible, but I would think there are two big arguments against it. One has to read the Constitution as precluding it (unless fraud vitiates everything is the broadest, most powerful legal concept in the universe). And because it triggers violence, even Civil Way II. Which we do not want.
- Maybe you say, If there was fraud, Trump’s claim on the Presidency is not yours to give away Byrne. But like I said, these are my “dreams and aspirations”, and in my dreams and aspirations, President Trump is a big enough man to forsake a claim that he might turn out to have, if he knows that exercising it will create a civil war, in favor of a path such as I offer below.
- Accepting that actually opens up the path to a peaceful political resolution of these matters. Here is how it should run:
- The Maricopa Audit will be delivered. I truly have been kept in the dark about as much of it as they could, but I have heard enough to suspect it is not the proverbial “clean bill of health”.
- If the Maricopa Audit comes out “clean bill of health” then I will walk away. Since November 10 or so I have been saying that the only way to resolve things was to open the ballot boxes in six counties. Since then, there is one place that happened: Maricopa. If it is a dry hole, it is a dry hole.
- However, if the Maricopa Audit comes out documenting fraud on a scale that could only have occurred thanks to a scheme worthy of a heist movie, then it will trigger forensic audits in somewhere between 13-20 states (at last count, and not including Wendy Rogers’ new movement to form a caucus among 50 state legislatures).
- Most states think such audits will cost $4-$5 per ballot audited.
- Jovan and I have designed an “assessment” that can be done quickly (1-2 weeks) for .25 cents/ballot (and, in the case of Michigan, have offered to pay it). This assessment looks at all the ballots, performs about half of the checks for fraud that Jovan has designed, and can direct the counties to precisely the subset of individual ballots that need to be forensically audited (thus dramatically dropping the price to states).
- Results from those audits will (be (I predict) shocking to the public, and cause:
- state legislators to be better informed so that when they return to session they can address election integrity promptly in their states (as the Constitution would seem to favor), and do so in a way that governs in the November 2022 election;
- In the House and Senate:
- Republicans may begin to do their jobs and stand up for their constituents in the face of excesses by the Biden administration.
- Sane Democrats will be able carve a way forward apart from Biden, and not go along with any of the three changes (changing election law, changing the electorate, and changing the Supreme Court) he wishes to make in order to lock in the rig. The audit results will give cover to sane Democrats to say: it is time to stop the extreme stuff, the “let’s change the foundation of everything” stuff. Just return to normal Democratic governance;
- Maybe, just maybe, the judiciary will start showing up for work someday.
- We are 14-months-and-a-wake-up from the next election. As a nation we need to keep cool together. That means doing nothing that provokes violence. Don’t even joke about it.
- Because we are Ameri-cans (and not Ameri-can’ts), we can be cool for 14 months. We the People get the audit results, we have our state legislatures fix our states’ election systems (I think the Maricopa Audit and the other audits it triggers will provide all the information they need to do that). In 14 months we have a new election, we get honest people both to observe and work in the polling stations in 14 months. And we end up with a House of Representatives that we know truly represents We the People. And 1/3 of the Senate will have been freshly elected.
- At that point, a lot of good things happen. If that House really wants to go forward with federalizing election law (HR1) they can, but I think it more likely that at that point We the People will, through the chamber closest to us, pursue other kinds of changes. Such as making elections more secure.
- I do understand that there are ways (that sound far-fetched to me) that an overwhelming majority in the House could somewhere reinstate Donald Trump in January 2023. They could impeach this, they could appoint that, they could election this….
- It sounds far-fetched to me, as I say, but if there is a way to do that within the due process of law, have at it. Note that is different than arguing in favor of unraveling the Senate’s January 6 decision.
- Then, in two years beyond that, Trump will be 78, and ready to run. He is a lot more robust than Biden is at 78. He might win in a landslide in 2024.
Now I know that some of my readers may be disappointed that I am saying that Trump may have all kinds of legal claims to argue for reinstatement (if the audit results from Maricopa and subsequent audits show what I expect), but I do not see how they play out peacefully. I can see legal paths where he could get back to the White House in three years, and hear of far-fetched ones that could get him there with a new House of Representatives, if the audits document that election 2020 really was cooked. But the need for peace is paramount, and that means we have to focus on completing audits and establishing election integrity for the November 2022 election.
To this President Trump may reply, “If I have a legal claim, then I have a right to pursue it.”
To which I respond, Maybe. But Sir, twice in our infamous 4.5 hour meeting in your office, I told you that if January 6 comes and goes and you do not open the ballot boxes, then, it will be too late. “It would be sore-loserism,” I said. When these Maricopa audit results come out I think that you will see that you have every claim in the world to say that you were cheated. But in the interest of peace, let us focus on using this information to trigger other audits in other states, restoring election integrity, retaking the Republican Party from within, and in 14 months we will retake all of the Peoples’ Chamber and 1/3 of the Senate. Yes Sir, maybe you could demand more. But for the sake of peace, let us focus on not disrupting any Constitutional timelines. Spend the next 14 months getting healthy, walking and golfing, enjoying life. You ar the eminence grise again already; in 14 months-and-a-wake-up you could be the power behind the Throne. And a couple years later, President again. I know you love your country enough not to want a civil war no matter your claim, and I wish you would counsel your followers about the need to stay peaceful. Respectfully, if there is one man in the world who can say this to you…. it is the guy who stood in your office and told you that after January 6 the process would be sealed by the Senate and would be too late to revisit.
I could be wrong. The Marico results could be so egregious they trigger a nationwide revulsion, and it becomes impossible to keep the peace without SCOTUS action. But from where things stand now, I have to put the imperative to keep civil calm above any individual’s claims (especially an individual who on December 18 was reminded of the Constitutional meaning of January 6).
14 months. It is not so long. We the People have a Constitutional, legal, peaceful way to reclaim our government, or at least, to decide collectively in what kind of nation we really wish to live. If we want it to be a Goon society, or one where we continue to have government which draws its powers from the consent of governed in elections that are free, fair and transparent. It happens in 14 months. And if that society starts moving Donald Trump back into office as President, more power to him and to them. But for that to happen, we have to focus on the Maricopa Audit; the chain-reaction of audits that it will trigger; and the changes to election laws that need to be brought into effect in preparation for the November 2022 election. And not on trying to unscramble something that (from what I can see) at this point cannot be unscrambled peacefully.
I suspect the Maricopa Audit is going to give President Trump and hundreds of millions of Americans material about which to be truly aggrieved. I hope that after January 6, President Trump and they learned a lesson about walking into catastrophe without a plan. And the only peaceful plan I can think of involves using the information gained in the audits, no matter how egregious, to work through the political process, reform election laws so as to reestablish election integrity, and win a landslide in 14 months. Anyone calling for anything more aggressive than that better have a plan as to how it happens peacefully or it is not on my dance card.