by Ren Jander, J.D., ©2020
(Nov. 20, 2020) — The United States Senate holds plenary authority to take full possession of all ballots and machine data pertaining to the Michigan Senate race between John James and Gary Peters, and to conduct their own investigation, and to do their own recount.
With the two Wayne County Canvass Board officials denying certification, and facing dangerous intimidation, it’s clear a true controversy exists in the State of Michigan. Evidence of fraud is flying everywhere with sworn affidavits supporting all of it, from eyewitnesses and expert witnesses, specifically related to blatant statistical irregularities and programming anomalies.
United State Supreme Court precedent – and our long national history of previous U.S. Senate-controlled recounts – make this a safe call for the Republican-controlled U.S. Senate, which has the authority to order possession of ballots to be transferred immediately to Washington, D.C. John James should be petitioning the Senate to do this immediately.
In Roudebush v. Hartke, 405 U.S. 15, 25-26 (1972), the Supreme Court stated:
“It is true that a State’s verification of the accuracy of election results pursuant to its Art. I § 4, powers is not totally separable from the Senate’s power to judge elections and returns. But a recount can be said to ‘usurp’ the Senate’s function only if it frustrates the Senate’s ability to make an independent final judgment. A recount does not prevent the Senate from independently evaluating the election any more than the initial count does. The Senate is free to accept or reject the apparent winner in either count, and, if it chooses, to conduct its own recount.”
This authority to recount flows from the Senate’s plenary powers to judge the Constitutional qualifications of its members. (See Footnote 23, Id.) And the Senate has taken possession of ballots and/or voting machines multiple times before, specifically when there were rumors of fraud.
The Senate is well within its power to take possession of the ballots and conduct a recount on their own terms. In Michigan this year, the allegations of widespread fraud are supported by many sworn affidavits, and Wayne County is the center of one of the most dangerous political hotbeds right now that this country has ever experienced. The children of election officials were doxed to intimidate certified officials.
Previous Senate recounts had nowhere near the amount of evidence so far collected in Michigan. John James deserves to have certainty that all votes counted were legally certified. And the Senate has a solemn duty to determine for itself that its members were duly elected, and the upper chamber has been granted specific powers to conduct a forensic examination, order a recount, or do both. And there is the bonus motivation of getting a birdseye view of the play by play that took place in the wee small hours of November 4th, 2020, a day of infamy, but one that the Senate has ample power to illuminate for national transparency.
Written and Researched by Ren Jander, J.D.
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