|Written by Dave Hayes|
It’s been three weeks since the 2020 election and many people feel like they’ve been riding on an emotional roller-coaster. It has been an honor to stand beside patriots who stood fast, firm in their convictions, and refused to surrender their hope for the future of our nation.
The path for President Trump to obtain enough votes in the electoral college to win re-election has now been revealed. The effort hinges on the public exposure of election fraud in hearings that began last Wednesday in Gettysburg, Pennsylvania, and continue next week in Arizona on Monday and Michigan on Tuesday.
Jenna Ellis and Rudy Giuliani have made clear their strategy for getting Donald Trump re-elected. They intend to present evidence of widespread election fraud that calls into question the validity of the popular vote in Pennsylvania, Georgia, Michigan, Wisconsin, and Arizona. Although the public spotlight is currently focused on lawsuits that may prove in court claims about election fraud, it’s worth remembering that Presidents are not elected by the courts. On December 8th, state legislatures will choose electors who will vote in the electoral college on December 14th. The vote of the electoral college will determine the next President.
Although a state’s electors typically vote in accordance with the popular vote of that state, the public hearings on election fraud are intended to present compelling evidence to state legislators as to why they should choose electors who will ignore the popular vote of their state and instead vote for Donald Trump.
Pennsylvania, Georgia, Michigan, Wisconsin, and Arizona all have Republican-controlled state legislatures. Giuliani and Ellis are presenting evidence that the popular vote is fraudulent, which will remove the expectation that legislators must honor it when choosing electors. Having discredited the popular vote, Trump’s attorneys will remind Republican legislators that they have the power to choose electors as they see fit. Giuliani and Ellis will dare legislators to choose Biden over Trump and justify that decision to their constituents.
That, in a nutshell, is Donald Trump’s path to re-election. It will be difficult for state legislators not to choose electors for Trump once evidence of election fraud has been provided to them and to the public. Indeed, the Republican legislators who will choose electors have already signaled their intent to support Trump by agreeing to hold these hearings in the first place. The outcome of the electoral college vote is merely a formality.
It’s true, the media will vehemently protest such a move and claim that electors are chosen by voters on election day and that legislators cannot overrule them. But Article II of the Constitution is clear—state legislators are not required to honor the popular vote when choosing electors, even in states where laws have been passed to that effect. Chief Justice Rehnquist argued that point in Bush v. Gore as noted by Lawfare.
In exercising their power to decide how electors are to be chosen, legislatures could not be constrained by either state law or the state’s constitution. If a state’s constitution, for example, said that the people shall choose the electors in an election, that rule did not in fact constrain the state legislature. Instead, “after granting the franchise” to the people, as a majority of the Supreme Court in Bush put it, a legislature could “take back the power to appoint electors” “at any time.” Or put differently, when the legislature acted pursuant to the power granted to it by Article II, it stands above any limits imposed by state law.
I believe Donald Trump will be re-elected. His legal team has developed a brilliant strategy and Republican legislators are on board with the plan. There is little that can be done to stop Trump from being re-elected. While many people will choose to fret over the outcome of the election, I choose to see it as the inevitable outcome of a superior strategy. It’s time to move on.
It has been an honor to provide information and commentary on the election and its tumultuous aftermath. I can say today with confidence that the election crisis we’ve experienced—whether real or only perceived—is fully in the hands of God.
We will continue to report as breaking news develops!
(This article has been written by David Hayes, a contributor to RMNT News.)