There’s plenty of confusion over the legal options available to President Trump
following the 2020 election.

Republicans feel that there exists an abundance of evidence concerning fraud, while Democrats scream “sore loser!”

The public wonders if, and how, the election results may be overturned.
The judicial branch of the government will ultimately decide, so let’s look at that
process.

THE COURT’S ROLE

President Trump is hoping for a recount in key battleground states. An election
recount is a process by which votes are re-tabulated to verify the accuracy of the
original results. They typically occur in the event of a close margin of victory,
accusations of election fraud, or due to administrative errors.

Since presidential elections are structured and supervised by individual states,
the US Supreme Court cannot make a communal decision. The President’s legal team must work their way through each battleground state.

Regardless of any decision made by the judiciary along the way, the losing side will appeal to the next judicial level.

A recount request begins with petitioning the state government, then onto a state
judge, state appellate court and state supreme court. If all the jurists decide that there is no basis for a recount, Trump’s legal team starts the federal journey.

There are 94 US federal judicial districts, one example of which is the Northern District of Ohio. If election fraud is suspected in Ohio a lone federal judge will decide its merit, but their decision can be appealed to one of the 13 United States Courts of Appeal.

The last line of appeal is the United States Supreme Court which will render a binding and final decision.

CAN THE COURTS OVERTURN AN ELECTION?

Contrary to the Democrats contention that there is no voter fraud, the U.S.
Supreme Court noted that known instances of fraud “demonstrate that not only is the risk of voter fraud real but that it could affect the outcome of a close election.”

One example is the 2015 city council election in the New Jersey town of Perth
Amboy which was decided by a mere 10 votes. A judge overturned the election and
ordered a new one after it was revealed that at least 13 illegal absentee ballots had
been cast.

The 2003 mayoral primary in East Chicago, Indiana, was overturned by the state Supreme Court after evidence of widespread fraud was revealed. The new election resulted in a different winner. 

ADMISSIBLE EVIDENCE

A major source of disagreement surrounds the basic issue of what constitutes direct
evidence in a court of law.

Simply stated it is: “Testimony of a fact given by a witness who gained the knowledge through his own senses or, evidence from a document or, an item produced before the court.”

There have been many examples of individuals questioning evidence that would clearly be admissible in court.

When White House press secretary Kayleigh McEnany cited 500
sworn affidavits alleging 11,000 incidents of voter fraud, the press demanded,
“But where’s the evidence!”

The affidavits are admissible evidence since the witnesses observed the fraud directly. The court, public or media may not believe the witnesses, but their statements are considered direct evidence.

Michigan misprinted approximately 400 absentee ballots substituting the
name Jeremy Cohen instead of Vice President Pence. Michigan AG Jocelyn
Benson explained the incident as a computer error.

This issue taken alone would not be considered direct evidence since the numbers involved are insignificant, there was no evidence of fraud and the problem was corrected. It is anecdotal and may support an overall belief but lacks substance.

Detroit: Counts for ballots in about 72% of Detroit’s absentee voting precincts
for the August 4th primary election are skewed. The number of ballots tracked in
precinct poll books did not match the number of ballots counted.  

Math is an exact science so it is unclear whether the discrepancy can be resolved.
Currently, this is circumstantial evidence since there is no proof of prejudice against a particular candidate. It does support an overall pattern of fraud. 

Butler Count, Pennsylvania.: The Butler County Bureau of Elections director says an unknown number of mail-in ballots were lost by the postal service. Federal
postal investigators are now looking into what happened.

This is admissible evidence once the county officials determine the approximate number of lost ballots. If the ballots cannot be found, then the court may order a re-count or a re-election in that particular county only.

There are countless other allegations of voter fraud throughout the nation. Some
include rumors or gossip run amok on the internet and some involve legitimate
mistakes.

There are many lone wolf individuals who vote twice for their candidate or harvest twenty votes but these instances happen in every presidential election and rarely
alter the outcome due to the millions of votes cast.

The only way that the 2020 election can be overturned is proof of coordinated and significant fraud favoring Joe Biden.

Former Federal Prosecutor Sidney Powell claims she has that proof citing that
software used by Dominion Voting Systems and other vote machine companies which was developed specifically to steal elections.

She stated that, “We have evidence now of information from the systems going to three or four different foreign countries during the time of the election, those countries themselves could have watched the live votes come in and changed the numbers. There’s significant evidence of foreign interference from the worst communist countries on the earth with our election.”

Powell claims evidence exist that is mathematically irrefutable by experts, including
three professors at Princeton. Additional evidence includes statements from individual poll watchers who observed at least 30 machines being manipulated in favor of Biden.

CAN THE ELECTORAL COLLEGE ALTER THE ELECTION RESULTS?

The 2020 election isn’t officially over. Electors from all 50 states will meet on
December 14th to place their official votes for their states.

They then send six copies of their votes to the President of the Senate. Congress will count the votes during a joint session on January 6, 2021 and once that vote count is finalized, the election results are certified.

The U.S. code does allow Congress to object to electoral votes. An objection needs to be in writing and signed by at least one Senator and one Representative.

The rules are very vague on what constitutes an objection, and the two houses must decide if the objection is valid. If the Democrats win control of the Senate, it’s game, set, and match for Biden.

But, if the Republicans maintain the Senate it could get very interesting in January.

 

The 2020 Election fraud scandal is just another way that government officials and Democrats have tried to remove President Trump from office. 

Listen to my interview on Conservative Business Journal Podcast with John Di Lemme where I share about another controversial topic in America, the corrupt gang of FBI agents led by former director James Comey that tried to …

 

Get John Ligato’s book, “The Comey Gang: An Insider’s Look at an FBI in Crisis” here on Amazon…