by Leo Donofrio, ©2020, naturalborncitizen
(Dec. 5, 2020) — At the end of this post you may read the Bill of Complaint via Scribd, or you may download a PDF directly. It is the heart of this action, a rare form of claim, invoking the original jurisdiction of the United States Supreme Court. PLEASE help us get attention on this case. Share everywhere.
Even if jurisdiction is established, SCOTUS doesn’t have to accept the case. They rarely ever do. This is a power reserved for issues of grave public importance, usually between State parties. Regardless, the nation is at a dangerous cross-roads and all branches of Government must be put on the record for posterity to judge.
The case is properly filed. It must be docketed. Even if Leave to File is denied, at least the issue is put before the Court. This alone will add legitimacy to the final outcome, regardless of who becomes President.
An original and two copies of the Emergency Application for expedited review, sent to Justice Alito’s attention, plus an original of the Motion For Leave to File Bill of Complaint; Bill of Complaint; Motion For Expedition (to full court); Legal Argument; and the $300 filing fee, were all received at the Supreme Court on December 3, 2020 at 10:57 A.M., signature confirmed by commercial carrier.
Earlier, at 9:20 A.M., also on Dec. 3rd, an official of the Clerk’s office confirmed by email that the Office of the Clerk had received an email (with all filings attached), but that the action would only be evaluated after the paper copies were received. At about 1:12 P.M., the same official sent a cordial reply on a separate issue, and that was the last communication. The Court’s website states that it can take up to two days for papers to clear security, due to Covid-19 protocols.
Then at 11:09 A.M., Dec. 4, yesterday, forty copies each, of the Motions (with Legal Argument attached), and the initial pleading (Bill of Complaint), were delivered by commercial courier to the Supreme Court Police, where they were time-stamped as received. (See documents below.)
Supreme Court Rule 17.4 states:
“The case will be placed on the docket when the motion for leave to file and the initial pleading are filed with the Clerk. The Rule 38(a) docket fee shall be paid at that time.” (Emphasis added.)
As of yesterday, Dec. 4, 2020, the Court has received everything required, and therefore the case “will be docketed” as soon as all papers clear security and arrive in the Office of the Clerk. We have complete confidence in the Clerk’s office, and especially in the official we spoke to, although that person may not be in charge of the case file. The papers will remain redacted until the file appears on the United States Supreme Court docket.
We believe strongly that the Court should take this on, not to decide the election, but to address the equal protection violation by declaring the law, which will restore constitutional order by voiding the Defendants’ presidential elections, which will kick it all back to the State Legislatures, removing the false cover of nullified state law.
No fact-finding is necessary. There is a perilous national controversy. The Court can take Judicial Notice of their own docket as proof of the actual controversy.
The country needs a straight answer as to whether 3 U.S.C. § 1 means anything anymore. Same for 3 U.S.C. § 2. If these statutes have no force of law, it’s the end of the Republic as we know it, because these laws govern our elections and were designed to end fraud.
If this election is allowed to stand, the bar will have been set so low for law enforcement that the center will collapse. Fracture. Rot. Treason and invasion will follow. No exaggeration. Enemies foreign and domestic lie in wait, whether by intention or by neglect of authority.
I pray the Justices take this case. So should you. The State Legislatures are avoiding their powers. Presidential election integrity is their enumerated responsibility. They have PLENARY authority, state constitutions notwithstanding. Have these individuals ever read or studied the Supremacy Clause? I think so. And it scares the hell out of them. That’s understandable, but it’s no excuse.
The State Legislatures won’t acknowledge their power. I get it. It’s an awesome duty upon them if they face it squarely; resume plenary authority; order (not ask) for comprehensive signature and machine audits in full view; conduct investigations under oath; go to court for writs of Mandamus & Prohibition to make subordinate officials (SOS, Governors) obey. They have any means of choosing electors they prefer, before, during, and after an election. That is a fact. They will win at SCOTUS if they assert their true authority.
The other option for State Legislatures is to condone what happened by not admitting their power to take control, and by making believe they have no power to order the Executive of their State to get out of their way. Their complacency becomes their legacy.
This is not the duty of Congress. It’s not the duty of soldiers. It’s not the duty of SCOTUS. It’s your duty, State Legislatures. This moment. You own it.
IMPORTANT ADVICE FOR STATE LEGISLATURES: As you run up against December 14th, all you need is a simple majority and a “Resolution” acting as a body. “The Legislature thereof may direct” the manner of choosing. The entire Republican establishment was behind doing it this “brave” way, without a Special Session, or Jeb’s signature, when George W. Bush was involved. (See my previous report here.)
Any appointment without the Legislature’s consent is invalid. Choose your electors, regardless of what the Governor and Secretary of State do. Go to federal district court. Institute emergency Mandamus & Prohibition writs against state officials acting in repugnance to your broad powers. Eventually you win at SCOTUS. Full stop.
Meanwhile, have your electors meet anywhere you choose. It doesn’t matter if it’s in a parking lot, or the local coffee shop, as “The electors…shall meet” only where the Legislature “shall direct” them to meet, and nowhere else:
“The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.” 3 U.S.C. § 7.
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Read the rest here; downloadable document at end of original.
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Was it officially filed and placed on the docket?
Once Article 3 sec 2 is implemented, Article 3 section 3 should follow in short order.
I am not sure of this but I surmise that if a quorum of state legislators meet anywhere whether in “official session” or not, as elected representatives of the people and as long as a record is kept to be certified by them as “official” at a later date, they can meet anytime and for whatever purpose they deem needed. As the elected representatives of the people there is too much power there to ignore. The only body that could hold them in check are the courts, as it should be. Anything else leads to arms. I agree that this was a well written article.
… or… have the President invoke martial law, start sending people to Guantanamo for highly rude and upsetting military trials, followed by life in military prison or execution (your choice of method). Your cowardice, not even under fire, is helping to bring about a solution.
Well written article by the way.
The Pennsylvania and Arizona Legislature are adjourned until January.
Tells you everything you need to know about who is going to do what in the debacle. The republican party in its entirety should be dismantled, their offices burned to the ground and the land sown with salt.
Dang, Charlie! Don’t hold back, tell us how you really feel!
The Republican legislators are 95 % wormy cowards.
Roy Blunt is first to pop up in my mind as one of many.
NO ARGUMENT FROM ME!