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December 22, 2023

While it’s far too late for the judicial worm to turn on illegalities in the 2020 election in a way that would overturn the election of President Biden, maybe there are other consequences to be had for the people who engineered what may be the most consequential criminal collaboration or conspiracy in history. 

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To quote the daily X post of @lsferguson:

Who gave the order to stop counting votes” in unprecedented lockstep, sending home election monitors, and increasing the opportunities for voter fraud is a prima facie basis to believe there was a criminal conspiracy in the 2020 election. But there is much more to create reasonable or probable cause for real investigations.

At that critical time following the election and preceding the events of January 6, 2021, the Trump campaign and others, including voters and state officials, were filing lawsuits in the respective states where voting illegalities, material irregularities, unconstitutional acts involving ballot distribution, and outright voter fraud occurred. 

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Those emergency lawsuits were hampered by the lack of opportunity to gather evidence through formal discovery. 

One of the most publicized of the lawsuits was filed by Texas attorney general Ken Paxton challenging certification of electors in Georgia, Michigan, Pennsylvania, and Wisconsin. 

His Motion for Expedited Consideration filed on December 7, 2020 before the U.S. Supreme Court bit off an awful lot considering the lack of opportunity for discovery. Paxton nevertheless cited incidents in Georgia, Michigan, Pennsylvania, and Wisconsin that had the cumulative effect of stealing the election nationally, but his case never reached the argument stage because the Supreme Court said he lacked standing. 

Paxton’s case was based on Texans’ being “entitled to a presidential election in which the votes from each of the states are counted only if the ballots are cast and counted in a manner that complies with the pre-existing laws of each state,” citing the 1983 Supreme Court decision in Anderson v. Celebrezze. 

The court in Celebrezze said, “the impact of the votes cast in each State is affected by the votes cast for the various candidates in other States.” So, naturally, well-targeted illegalities and fraud, instead of merely widespread voter fraud, can be the measure of the constitutional issue to be litigated, William Barr’s excuse for inaction notwithstanding.  

Democrats didn’t need to be geniuses to know that well-targeted illegalities in key states or even certain Democrat-controlled localities diluted the impact of votes in states that followed constitutional election law.