The Soapbox

Los Angeles Hoo

Joined: 03/05/2014 Posts: 19539
Likes: 29798


The lawsuits alleged election illegality/unconstitutionality, which...


...may have led to voter fraud, but, regardless, invalidated the elections presumptively.

Pursuing voter fraud as a legal strategy was always a fool's errand, IMO. The nature of the election law violations that took place meant that finding voter fraud would be nearly impossible, as the ballot pool was irreparably spoiled.

Additionally, there was simply no way to prove fraud in the time allowed. How could they possibly prove fraud (if it occurred) in a matter of a few weeks when they had no access to ballots, voter rolls, discovery, etc.? By way of example, compare that effort to the FBI/DOJ investigations/prosecutions of 1/6 participants, which have now taken over a year and counting despite the full weight of the DOJ and FBI behind it. How were a handful of campaign lawyers supposed to knock this out across multiple jurisdictions in a few weeks? The impossibility of proving fraud is exactly why election laws must be followed to the letter. The Dems gameplanned it well -- I have to give them credit for shrewdness.

Instead of trying to prove fraud, the correct course of action was to have the results invalidated by a court based on the illegal/unconstitutional conduct of the election itself -- an argument of presumptive invalidity. The courts, almost unanimously, chose not to hear these cases, though, thereby providing no guidance as to whether illegal/unconstitutional/fraudulent conduct occurred.

Thus, the Trump strategy shifted to a Congressional challenge along the same lines, which obviously didn't pan out. While courts in multiple states have subsequently found election malfeasance to have occurred, the horse is already out of the barn, as Biden has already been sworn in. Again, the Dems gameplanned this well.

A part of me is okay with the courts punting on the election cases because it was arguably a political matter to begin with, and perhaps the best way to address similar problems in the future is what you now see being fortified in states around the country -- i.e., empowering state legislatures to be the backstop if/when elections are conducted illegally/unconstitutionally.

Even if a court had ruled in favor of Trump in 2020, what would have been the remedy? That there was no remedy is likely one reason the courts punted. Legislatures are now being empowered to provide a remedy should we see a 2020 situation again in the future.

I won't address the silly EC comment, as we both know you know better.

[Post edited by Los Angeles Hoo at 01/27/2022 5:19PM]

(In response to this post by Capital City Hoo)

Posted: 01/27/2022 at 5:05PM



+0

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Current Thread:
 
  
This country is suffering a reality crisis. -- Shenhoo 01/27/2022 1:17PM
  Of course the election was "rigged" in favor of Biden... -- Los Angeles Hoo 01/27/2022 2:32PM
  Just tripe ** -- Hoo TV 01/27/2022 6:39PM
  ^^^ FOS ^^^ -- TomGlansAski 01/27/2022 4:14PM
  Saying it was rigged = lie ** -- 111Balz 01/27/2022 3:57PM
  You might be the most insane person on this board -- wahoo138 01/27/2022 3:21PM
  ^worst take ever ** -- Capital City Hoo 01/27/2022 3:12PM
  "Fraudulent" means that... -- Los Angeles Hoo 01/27/2022 4:26PM
  LMAO! ** -- Seattle .Hoo 01/27/2022 5:34PM
  Ok. but all the lawsuits alleged voter fraud -- Capital City Hoo 01/27/2022 4:45PM
  Who actually reads those ravings of a lunatic? ** -- wahoo138 01/27/2022 3:20PM
  I'm guilty. :( ** -- Seattle .Hoo 01/27/2022 3:24PM
  "I stopped reading." So on-brand.** -- Los Angeles Hoo 01/27/2022 2:41PM
  Now that should make for an interesting primary season -- Capital City Hoo 01/27/2022 2:09PM
  Virginia is what happens. ** -- Los Angeles Hoo 01/27/2022 2:25PM
  He said next to nothing about 2020 -- Capital City Hoo 01/27/2022 2:31PM
  LMAO!!! ** -- Seattle .Hoo 01/27/2022 2:35PM
  Then don’t vote ** -- WaxHoo 01/27/2022 2:08PM
  Shows the effectiveness of propaganda. ** -- hoolstoptheheels 01/27/2022 1:38PM
  You know you would be in that 6 out of ten if asked -- TomKazanski 01/27/2022 1:51PM
  When did I do that? I did the opposite of that. -- hoolstoptheheels 01/27/2022 2:00PM
  Is it in fact lawless? Cite the law. ** -- WaxHoo 01/27/2022 1:58PM
  These are not all minors ** -- TomKazanski 01/27/2022 2:17PM
  No? ** -- WaxHoo 01/27/2022 6:09PM
  Well then there could be action against the Biden admin if -- hoolstoptheheels 01/27/2022 2:24PM
  Oh shut up already ** -- Capital City Hoo 01/27/2022 1:56PM
  Clearly, Republicsn candidates will be -- Shenhoo 01/27/2022 1:44PM
  One of us is a crazy Covid guy, but we clearly disagree on who. -- hoolstoptheheels 01/27/2022 1:57PM
  What’s the public health official’s lie ** -- WaxHoo 01/27/2022 2:10PM
  LOL as if only one of them has lied. ** -- jpmHoo 01/27/2022 2:53PM
  About what ** -- WaxHoo 01/27/2022 4:08PM
  A crisis of integrity, you say? ** -- Shenhoo 01/27/2022 1:35PM
  DUH!!! ** -- WaxHoo 01/27/2022 1:47PM

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