Tuesday, November 24, 2020

The Lack Of Necessity Of President Trump's Legal Team- The Sure Fire Method Of Protecting Victory- By Harsha Sankar(November 2020)

 For all the hoopla and expenses that "Trump's legal team" is creating, that team is really not needed. One advocate could make an open and shut case that would have guaranteed, at least on paper, President Trump's obvious victory.

Article III details federal judicial authority. Again, bear in mind that the executive branch is ultimately responsible to the execution of all law. In Art. III, Section II, Clause II, phrase 1, it states the following "In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction." "Legal Team Trump" could have directly approached the US Supreme Court and stated that any State that did not pick its electors on election day are disqualified from having its electors serve as members in the Electoral College.

In other words, if a State fails to choose its electors on that prescribed day, its electors are deemed ineligible to vote for President. Cited is the Constitutional Justification for this. Please review Article II, Section 1 Clause 4 "The Congress may determine the Time of chusing [sic] the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

Please also review Title 3 Section 1 of the US Code. As authorized in the US Constitution, it sets the day for the election. 3 U.S. Code ยง 1 - Time of appointing electors- The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. (June 25, 1948, ch. 644, 62 Stat. 672.)

Trump's "Legal Team" unnecessarily wasted time and resources when they had a direct approach to resolve this impasse. All they had to do is take any state to court that did not take decision on Election Day itself. Legal Team Trump could have barred any state from having its electors vote.

This measure would have forced the Representatives of the House to choose the President, with each state having one vote. The Senate would have been forced to choose the VP. Since President Trump and Vice-President would have been presumed to fare well under those two scenarios, "Legal Team Trump" should have followed the preceding outlined route. It would be much more time and cost-effective. Most importantly, it would have been totally lawful.

The deadline for a state to pick its electors is Election Day itself. It was presumed if a state could not arrive at its decision on Election Day itself, then the chances its picks for electors would become much more unreliable and fraudulent. Politically, it may be more plausible to achieve election results after the day of the election but America is a Republic, not a Democracy. It puts its Rule of Constitutional Law ahead of the democratic instincts of The People.

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