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. 

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. 

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. 

“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. 

The voting illegalities, material irregularities, and outright voter fraud in locations such as Philadelphia, Detroit, and other Democrat-controlled areas may not be evidence of “widespread” voter fraud in all states, but because of the constitutional process to elect the President, the impact of that focused illegality was widespread. 

In the shameful case of the California Bar against constitutional scholar John Eastman, he filed his Post-Hearing Brief on December 1 this year, and it identifies the types of evidence of the “small” things that occurred in Arizona, Michigan, Pennsylvania, and Wisconsin which added up to the big steal. He identifies: 

(1) use of unauthorized drop boxes, (2) avoidance of voter ID requirements through abuse of statutory “indefinite confinement” requirements, (3) illegal ballot curing, (4) violations of Wisconsin’s election law involving residential care facilities, (5) ultra vires extensions of the deadlines for mail-in ballots, (6) chain-of-custody issues involving absentee ballots, (7) weakening of signature verification requirements, (8) counterfeit ballots, (9) unavailable ballot images, (10) evidence of Vote Flipping, (11) double-counted ballots, (12) duplicate reported ballots in the Fulton County post-election recount, (13) ineligible voters casting votes, and (14) evidence of security vulnerabilities involving voting equipment. 

What must not be forgotten nor excused is that because of unconstitutional acts of non-legislative officials during the period of COVID preceding the 2020 election, the legality and integrity of the electoral process was contaminated and compromised before the vote by mailing unsolicited mail-in ballots. 

This gave mail-in voters the unprecedented opportunity for fraud, and the Heartland/Rasmussen poll tells us 20 percent took advantage. 

And, with his banana republic California bar trial concluding, I expect Eastman will feel unleashed to further expose the civil, constitutional, and criminal illegalities that should have led to the conclusion that Joe Biden did not lawfully win the 2020 election. 

So, how might all this lead to criminal remedies against those who acted in combination to violate laws in ways that affected the outcome of the 2020 election? 

Some 49 years ago U.S. Supreme Court Justice Thurgood Marshall writing in Anderson v. United States said that the federal criminal statute 18 U.S.C. § 241 applied in voter fraud cases. The civil rights “injury” under § 241 is the dilution of votes. Justice Marshall wrote: 

It has long been settled that § 241 embraces a conspiracy to stuff the ballot box at an election for federal officers, and thereby to dilute the value of votes of qualified voters…. 

That petitioners may have had no purpose to change the outcome of the federal election is irrelevant. The specific intent required under § 241 is not the intent to change the outcome of a federal election, but rather the intent to have false votes cast and thereby to injure the right of all voters in a federal election to express their choice of a candidate and to have their expressions of choice given full value and effect, without being diluted or distorted by the casting of fraudulent ballots…. 

The deposit of forged ballots in the ballot boxes, no matter how small or great their number, dilutes the influence of honest votes in an election, and whether in greater or less degree is immaterial. The right to an honest [count] is a right possessed by each voting elector, and to the extent that the importance of his vote is nullified, wholly or in part, he has been injured in the free exercise of a right or privilege secured to him by the laws and Constitution of the United States. 

Not all the illegalities in the 2020 election involved criminal fraud, nor were all of them part of a criminal conspiracy. However, the votes of over 73 million Americans were illegally and unconstitutionally diluted in a widespread manner by the voting illegalities, material irregularities, and outright voter fraud in key Democrat-run localities. 

It's not merely that “we wuz robbed.” Justice demands a reckoning. Americans are entitled to know, “who gave the order to stop counting votes in the swing states on the night of November 3/4, 2020.”

Image: Nadya Peek