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writing for godot

Is This a Republican Conspiracy that Ends the US Democracy’s Rule of Law

Written by Leonard   
Tuesday, 27 October 2020 18:03

It appears that our 2020 Federal election has exposed a possible Republican Federal Government Conspiracy to suppress the votes of millions of Americans. Instead of following the norms associated with the Rule of Law to have as many eligible Americans vote in elections,  it appears that the Republicans in the Senate, the President, Trump Executive Branch Appointees and specific Supreme Court Justices may indeed be members of a massive Government Conspiracy to disenfranchise voters nationwide. Voting is often cited as “the most important citizen’s right” that protects any democracy.   This Conspiracy of abnormal actions could influence the already biased Electoral College process in a number of  swing states and place Trump as President against a possible plurality of votes against him, of as many as 10 million or more US citizens.  It could  also provide victories for several down ballot US Republican Senators who are currently predicted to lose their elections. Finally, Trump has indicated that he would not accept a normal transition of the Presidency if he lost the election and would disrupt the process enough to make sure the Supreme Court, with three of his  recent appointees, chooses the President.

So how did the Republicans orchestrate this Conspiracy?

First, after the death of Justice Scalia, McConnell and the Republicans stole a Supreme Court Justice slot from President Obama by blocking his nominee, Merrick Garland, for the Supreme Court, a full eight months before the 2016 election, an unprecedented, arbitrary exercise of power breaking a Senate legal norm that is inconsistent with the rule of law. This allowed Trump to use this slot to appoint a conservative, Neil Gorsuch to the Court in early 2017.  McConnell and the Republican controlled Senate also had to kill the required 60 vote requirement for Senate Supreme Court Justice approval, a process that broke a second Senate legal norm leading to a second pretense of operating under the rule of law.

After Justice Kennedy stepped aside in 2018, in order to appoint Brett Kavanaugh, Trump’s replacement nominee who was accused of serious sexual assault charges, the Republican controlled Senate, after a pathetic non-investigation, quickly moved, without a full investigation, to a simple partisan majority Senate approval.

In 2020, after the Democrats strongly recommend their supporters vote by mail, Trump’s recently appointed Postmaster General, his inexperienced crony Louis Dejoy, ordered the US Postal Service (USPS) to slow down processes and remove automatic processing machinery to place delays in the US mail system delivery of ballots for counting.  At the same tie, Trump advised Republican voters to vote in person and not by mail. Federal Courts ordered the USPS to reverse their “forced delivery slow-down,” but this order has apparently been defied and the internal-county delivery of US mail, normally a 1-2 day process, now averages 6-7 days in certain non-preferred voter areas...this is an arbitrary exercise of power to suppress legal voting.

Recently, because of the death of Justice Ruth Bader Ginsburg, McConnell and Graham reversed their decisions on blocking an election year Supreme Court appointment process and declared it OK now for Trump to nominate, and the Senate to approve, a Supreme Court Justice, even after the actual 2020 Presidential election had already begun and millions of votes had been cast...while McConnell blocked Obama’s nominee in 2016 eight months before the next election...Really? arbitrary abuse of power decision that violates the rule of law.

Then, Trump announced a nominee to replace Justice Ginsburg, Amy Coney Barrett, who believes we should follow the 18th Century version of the US Constitution verbatim and whose conservative religious beliefs clearly influence all her decisions. Trump also announced he intends to deny the 2020 election vote count if he loses the election because a claim of fraudulent mail-in ballot processes, even though multiple studies have proven that mail-in voting has little if any fraudulent voting.  He also stated that he would force the 2020 election decision into the now Republican very friendly Supreme Court.   He would need Barrett’s vote in an already biased Supreme Court...and she knows it!

But we are not done yet following Trump-Republican abuse of the rule of law. Graham and McConnell followed Trump’s orders and processed the latest conservative nominee appointment at break-neck speed so that she is in place to 1) reverse previous state court and state executive decisions and disallow properly postmarked mail-in ballots during the Codiv19 pandemic so they will not be counted if they arrive past election day, Nov 3; 2) make sure the Justice is in place on election day because Trump intends to use any processes he can to sufficiently cloud the election process in order to throw the election to the Supreme Court on Nov 3 or shortly thereafter.  Trump publicly states this to everyone, including Justice Barrett.

Finally, we see all this playing out while  ignoring the Rule of Law:  The Supreme Court overruled the Wisconsin Supreme Court decision to allow counting ballots postmarked before Nov 3 to be counted as long as they are received up to 6 days past Nov 3.  These ballots were mailed in to protect the Wisconsin voters during the Pandemic. It appears that the USPS, under Executive Branch direction, purposely slowed its delivery processes to interfere with the election and it now takes an average of 10 days in Wisconsin, under this recently Trump appointed Postmaster General, who appears to be following orders from the TOP to slow the delivery of ballots in targeted geographical areas.

After the Wisconsin Supreme Court vote was overturned,  Judge Kavanaugh went even further by hinting at some additional legal possibilities that  could help Trump stop the counting of all mail-in ballots received after Election Day or, even worse, by overriding legally counted results with the help of Republican state legislatures.

It seems that the Republicans, following the lead of Kavanaugh, may now specifically target other swing states to reduce the heavily Democratic mailed in ballots, e.g., Pennsylvania and Michigan, after their Governors and Secretaries of State have suggested they use the USPS for mail in ballots months ago, and after millions of ballots have already been mailed-in during the month of October.   Many of these ballots are now stuck somewhere in the Republican ordered USPS imposed slowdown and may arrive after Nov 3.

The Court would have to overrule both a recent US Supreme Court 4-4 decision and the decisions made by many State Courts, even though the States have the Constitutional right to run federal elections for their  citizens.  Shockingly, Kavanaugh is raising this issue many weeks after the start of the 2020 election and hinting that Judge Barrett would be joining the Court and could help with a broad ruling that would suppress hundreds of thousand or even millions of votes after the voters were instructed by their states months ago on how to best vote during the pandemic...”seems to violate rule of law”

Perhaps to make sure we remain a Nation under the Rule of Law, it might be appropriate for the US House of Representatives to appoint a Special Counsel or Special Prosecutor to investigate the possibility that President Trump and numerous Republican members of the Federal Government’s Executive, Legislative and Judicial Branches have orchestrated and implemented a massive Conspiracy to disenfranchise voters and illegally influence the 2020 federal elections. Of course the Conspirators have pretended with every action to be following  the  Rule of Law, but were often using unusual and abnormal legal practices to unethically suppress the vote by overruling State Supreme Courts, Secretaries of State and State Executive branches who have been acting to protect the lives of their citizens during the worst global pandemic in the last century and during the ongoing 2020 election.

Maybe this is the time to question exactly what Rule of Law Trump and his Republican co-Conspirators have been following for 3 ½ years, because it does not seem it fit any Democracy’s concept of the Rule of Law.

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