December 26, 2020

Independence Hall in Philadelphia, Wikimedia Commons, public domain

Mr. Vice-President-

The likelihood that you will ever see this open letter is remote.  Neither you nor your aides likely visit this website – too bad – so unless someone who does visit forwards the message to you, it will probably remain unseen on your computer screen or mobile device. 

Yet it is written because, when I channeled Benjamin Franklin last night, he specifically requested that the attempt be made, because the only way to ensure that you would never see it is to forego the effort in the first place.  Indeed, many of the points hereafter to be made are at Dr. Franklin’s channeled suggestion.  I shall try to be brief. 

On January 6, 2021, you will be called upon under the Constitution and the 12th Amendment thereto to preside over the Joint Session of the Congress assembled to count the electoral votes cast for President and Vice-President.   

Against the backdrop of unprecedented anomalies, unexplained irregularities and documented suggestions of voter and election fraud occurring in certain particular states, the question of whether those votes have been “regularly given” and/or whether certain electors have been “regularly appointed” surges to the forefront.  That question, according to Dr. Franklin, is a threshold one which should be addressed at the very outset of the Jan. 6th proceedings.

The term “regularly given” derives from 3 U.S.C. § 15 regarding the counting of electoral votes.  That statute does not directly address, however, the issue of whether the original votes cast were “regularly given.” (Emphasis added).  It prescribes only the procedures whereby a vote which is presumed to have been “regularly given” is to be mathematically counted.  That presumption, however, is a rebuttable one.  Indeed, it has been recognized that the term is subject to differing interpretations.  Moreover, to the extent that the statute is inconsistent with and/or contrary to the intent of the 12th Amendment, the Amendment, rather than the statute, will control.

If the bona fides of certain electors are tainted by the noted anomalies, irregularities and suggestions of voter fraud noted above, then those votes cannot properly be deemed to have been “regularly given” and, according to Dr. Franklin, should not be counted. 

The first entry for the definition of the term “regular” found in Webster’s Dictionary is: “constituted, conducted, scheduled, or done in conformity with established or prescribed usages, rules, or discipline.” (Emphasis added).  It is abundantly clear to any objective observer that the votes now reposed in the “swing state” slates of Biden electors are not…, repeat, not the result of compliance with or in conformity with “established or prescribed usages, rules or disciplines.”  Instead, they are just the opposite.  Dr. Franklin concurs.

Thus, at minimum, the electoral votes of those slates of state electors where the popular votes have been irredeemably tainted by the anomalies, unexplained irregularities and suggestions of fraud noted above – and which are of widespread public notice – cannot properly be deemed to have been “regularly given,” the protestations and propaganda of the Fourth Estate and others notwithstanding.

Accordingly, they should at minimum be disregarded and either replaced with the “regularly given” votes of electors pledged to President Trump, or not counted at all in the determination of whether the 270-vote “electoral count” threshold for the presidency has been met.  If that threshold is not met – and satisfied as a threshold, preliminary matter – then in that event, the procedures of the 12th Amendment should control.

Painting of Benjamin Franklin by Joseph DePlessis, 1785, public domain

Finally, Dr. Franklin suggested that you be reminded of the question that was posed to him (and the answer he gave) when he left the final adjournment of the Constitutional Convention in Philadelphia on Tuesday, September 17, 1787.  While you have no doubt heard it before, it bears repeating now.  When asked if the labors of the Founders had produced a republic or a monarchy, Dr. Franklin replied: “A republic, if you can keep it.”

This open letter recommends that you heed Dr. Franklin’s admonition.  At least the attempt has been made.

J. DeMaio

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  1. I knew that POS Pence would NOT follow through, just like ALL the media (including OAN & NewsmaxTV). ALL of the media said “TENS of thousands” when CLEARLY MORE THAN A MILLION… US Citizens attended the PEACEFUL protest happened at OUR [Taxpaying US CITIZENS] Capitol, and that “All Republicans ABHORE the ‘violence'”, when in point of fact *I* do NOT abhore the violence while also stating that those who stormed into the Capitol bldg were NOT Republican #ElectionTheft Protest but COMMIE AGITATORS, WHICH WAS CLEARLY EVIDENT BY LOOKING AT THEIR FACES (THEIR YOUTH, etc.) Those rabble rousers were CLEARLY too young to have fully developed Frontal Lobes. It seems VERY obvious that 99% of the US politicians, whether DemonRATS or RINOs, WANT communism to take over. Oh, just as clearly, those politicians do not expect to be touched by a commie takeover (though they WILL BE but such people are ALWAYS STUPID & SHORTSIGHTED), they only expect the AMERICAN CITIZENS who ELECTED them (or the Dominion Machines/SmartMatic software that FRAUDULENTLY ‘elected’ those politicians) to be CRUSHED, DESTROYED, TORTURED AND FORCED TO DIE PREMATURELY to SUFFER UNDER SATAN’S HATEFILLED RULE.

  2. MR. VP PENCE,, GOD IS WATCHING YOU, AND SEE WHAT YOUR DECISION IS ON THE ELECTION. DON’T PUT A BABY-KILLER,, OPEN BORDER,, AND THAT IS FOR ABORTION AND SAME-SEX MARRIGE, WHICH IS A ABOMINATION OF GOD. DON’T PUT EVIL IN THE WHITE HOUSE.. YOU KNOW THAT THE DEMS. CHEATED, EVERYONE KNOWS THEY DID. KEEP PRESIDENT TRUMP IN OFFICE

  3. Pence should use his authority under the 12th amendment to select the Trump electoral votes and dismiss the fraud ridden Biden votes. To save this country, Trump needs to be re-elected. Pence may be our only hope.

  4. Good article, but I have a question: Are sworn statements by eyewitnesses of voter fraud called, “documented suggestions”, instead of evidence because that is what a judge says they are?……If not, why is a sworn oath not referred to as evidence and what good does it do for anyone to sign a sworn oath? Can a judge “prove” the sworn eyewitness evidence is nothing more than a documented suggestion solely because they say so?