Joe Biden is not
‘president-elect’
Changing vote counts after Election Day raises significant legal and
constitutional concerns, and President Trump should use every legal and
constitutional remedy to ensure that the American people can trust the
results.
Meanwhile, the media, including social media platforms like Twitter and
Facebook, are inaccurately labeling Biden as president-elect. No
official sources have called the election. Federal law and the
Constitution limit official sources to state officials, the Electoral
College, and, ultimately, Congress. Thankfully, the Constitution does not
give the media the ability to declare the winner of a presidential
election.
We have long warned of the chaos and increased risk of fraud from
recklessly mailing 100 million ballots and ballot applications. Our most
recent research,
in September, revealed that 353 U.S. counties had 1.8 million more
registered voters than eligible voting-age citizens. In other words, the
registration rates of those counties exceeded 100% of eligible voters. The
study collected the most recent registration data posted online by the
states themselves. This data was then compared to the Census Bureau’s
most recent five-year population estimates, gathered by the American
Community Survey (ACS) from 2014 through 2018. ACS surveys are sent to 3.5
million addresses each month, and its five-year estimates are considered to
be the most reliable estimates outside of the decennial census.
It is not normal for multiple states to be counting presidential votes for
days after Election Day. And it raises significant concerns about the
validity of post-election counts. Federal law seems clear that the
presidential contest is supposed to be decided by Election Day. For
example, 3 U.S. Code § 1 states:
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
On Election Day, President Trump had the votes to win the presidency. These
vote totals were changed because of unprecedented and extraordinary
counting after Election Day.
The state legislatures of Pennsylvania, Georgia, Michigan, Wisconsin, and
Arizona have independent constitutional authority to resolve presidential
election disputes. And Congress has the ultimate authority to accept or
reject electors.
As you know, we are a national leader for cleaner elections.
In 2018 the Supreme Court upheld a voter-roll cleanup program that resulted
from our settlement of a federal lawsuit with Ohio.
California settled
a federal lawsuit with us and last year began the process of removing up to
1.6 million inactive names from Los Angeles County’s voter rolls. Kentucky
also began a cleanup of hundreds of thousands of old registrations last
year after it entered into a consent decree to end another of our
lawsuits.
And in 2020, we sued North
Carolina, Pennsylvania,
and Colorado
for failing to clean their voter rolls, and sue Illinois
for refusing to disclose voter roll data in violation of federal law.
You can learn more about our election efforts here.
I provide additional details in my latest book,
A Republic Under Assault: The Left’s Ongoing Attack on American
Freedom.
Public Colleges Defy the Law with Segregated Events to Further
Diversity
The Department of Justice (DOJ) should investigate “an alarming trend of
racial segregation” at America’s taxpayer-funded universities,
according to a pair of United States Senators who cite a number of
troubling examples in a letter
to Attorney General William Barr. Our Corruption Chronicles
blog explains.
The segregation incidents appear to be part of a growing and increasingly
powerful movement aimed at promoting diversity by somehow undoing what
leftists assert is systemic racism at academic institutions in the U.S.
This has led officials at campuses nationwide to organize numerous events,
create race-based dorms and other divisive activities that, ironically,
infringe upon the decades-old federal law enacted to prohibit it.
In fact, in the letter to Barr the senators—Tom Cotton of Arkansas and
Kelly Loeffler of Georgia—note that the colleges appear to be violating
Title VI of the Civil Rights Act of 1964, the landmark legislation that
prohibits discrimination on the basis of race, color, religion, sex or
national origin. The law also strengthened school desegregation and voting
rights. The section that the lawmakers refer to in their letter to the
attorney general specifically prohibits discrimination based on race in
federally funded activities or programs like the ones listed. The senators
urge the DOJ to investigate the discriminatory events and other
accommodations provided in their letter as well as other similar cases as
part of “our nation’s commitment to equality before the law.” After
noting examples as well as a National Association of Scholars report
documenting incidents, the legislators write this: “Sadly, there is
evidence that segregation is a growing trend, especially on college
campuses.”
Cotton and Loeffler point out two recent examples in the letter to Barr.
The first involves online discussion groups hosted by the University of
Michigan that were segregated based on race, with moderators also
segregated by race. Situated in Ann Arbor, the school is
ranked third nationally among all public universities and has an
enrollment of around 31,500. The events, sponsored by the campus Center for
Social Justice and Inclusion, were advertised as “virtual cafes” that
offered opportunities for students to gather and discuss their experience
on campus and in the world as members of a particular racial group. The
series of discussions included separate events for Black, Indigenous and
People of Color (known as BIPOC) and “non-POC”, or white students.
“In plain English, the University of Michigan appears to have created
‘whites-only’ and ‘non-whites-only’ events, in a manner reminiscent
of the doctrine of racial segregation overturned by Brown v. Board of
Education,” the senators’ letter states. The lawmakers reveal that
the university’s chancellor subsequently apologized, though the school
maintains that the race-based events were never intended to be exclusive or
exclusionary for individuals of a certain race.
Another example embedded in the letter involves the University of Kentucky,
a public institution in Lexington with an enrollment of about 30,000. In
August, a campus conglomerate called Bias
Incident Support Services (BISS) hosted segregated training sessions
for resident assistants (RA), students who oversee dorms and enforce
policies and rules, typically in exchange for free housing and a meal plan.
One of the sessions was for “RAs who identify as Black, Indigenous,
Persons of Color, and one for RAs who identify as White.” The training
that excluded white students was described as “Healing Space for Staff of
Color” while the training for white students was coined “White
Accountability Space.” In the “whites-only” meeting RAs received
materials that listed “common racist behaviors and attitudes of white
people.” Amusingly, segregation was one of the examples on the list. BISS
is responsible for cultivating and nurturing a culture of belonging at the
University of Kentucky, according to its website, which states that
“inclusion is what diversity looks like in action.” BISS also claims
that it engages in programming and activities centered in inclusive
excellence.
The August event certainly did not reflect that. In fact, it was quite the
opposite. “College administrators often rationalize these forms of racial
segregation, claiming they give members of certain racial groups,
especially minority groups, spaces where they can discuss shared concerns
and issues,” the senators write. “Thus, these defenders attempt to
portray racial segregation as a tool to further diversity.” Some in
academia also claim that segregated facilities and events protect racial
minorities from what they assert is endemic racism in schools, according to
the lawmakers. “Whatever the rationale, the effect of racial segregation
is to divide the student body on a college campus, creating racial or
ethnic enclaves,” the letter declares. The senators end by pointing out
that racial segregation is antithetical to our nation’s creed and that it
is illegal under multiple federal laws.
Mexican Cartels’ Ability to Control Territory, Co-opt Governments
is a Great Threat to U.S.
While mainstream media coverage of a Department of Homeland Security (DHS)
threat assessment focuses on white supremacists, the lengthy report offers
plenty of other serious national security threats that have selectively
been ignored. Our Corruption Chronicles blog brings us the
latest:
Among those threats are Mexican-based drug cartels that control territory
along the U.S. Southwest border. DHS released the 26-page document, titled
“Homeland Threat Assessment” (HTA), recently to provide the American
people with an overview of the information collected and analyzed by agency
employees around the world. “The HTA is primarily informed by
intelligence analysis prepared by the DHS Office of Intelligence and
Analysis (I&A) and by the Component intelligence offices, which identified
the leading security threats to the Homeland based on a review of
all-source intelligence information and analysis,” the report states.
“Given the array of potential issues, I&A’s scoped its analysis to
focus on key threats covered by the intelligence elements of the
Department, which expert analysts considered most likely and with the
potential to significantly affect U.S. security.”
The agency determines that white supremacists pose the most persistent and
lethal domestic terrorism threat to the U.S. and the media ran with it,
essentially ignoring other serious problems documented in detail by DHS in
the first annual report. For instance, DHS writes that “Mexico-based
cartels pose the greatest threat to the Homeland because of their ability
to control territory—including along the U.S. Southwest Border—and
co-opt parts of government, particularly at a state and local level.”
They are considered Transitional Criminal Organizations (TCOs) by the
government and will continue to undermine public health and safety in the
U.S. and threaten the country’s national security interests, according to
DHS. “They represent an acute and devastating threat to public health and
safety in the Homeland and a significant threat to U.S. national security
interests,” DHS writes. “Beyond their complicity in the 71,000 drug
overdose deaths in the U.S. last year, TCOs destabilize partner nations,
decrease citizen confidence in good governance, foment corruption, and
destroy confidence in the international banking system.”
Homeland Security officials reveal that countering the drug cartels will
remain an enduring challenge to U.S. safety and security in the future.
“TCOs will continue to take advantage of illegal migration flows to enter
the United States and attempt to exploit legal immigration avenues,” the
agency writes, adding this: “Criminal elements attempting to provide a
level of legitimacy to their illicit immigration claims by intermingling
with migrants travelling to the US Southwest border pose an intrinsic risk
to the U.S. lawful immigration system.” COVID-19 disrupted some cartel
operations, but the criminal syndicates’ ability to move large quantities
of illicit goods into and throughout the U.S. remains largely intact. The
Sinaloa and Jalisco New Generation Cartel (CJNG) networks are identified as
the Mexican TCOs that pose the greatest cross-border drug smuggling threat
in the near-term. “They dominate the lucrative trafficking of cocaine,
heroin, fentanyl, and methamphetamine to the United States,” DHS
writes.
Another pertinent threat ignored in news coverage of the DHS assessment is
the prediction of a mass illegal immigration crisis at the southern border
in 2021. The agency anticipates a huge wave of migrants from both Central
and South America as well as the Caribbean. This will be due to the lifting
of COVID-19 border restrictions within Latin America, which will facilitate
transit and the devastating economic impact of the pandemic in the region.
“DHS anticipates that the number of apprehensions at the border will
significantly climb post-pandemic, with the potential for another surge as
those who were previously prevented from seeking entry into the United
States arrive at the border and as poor economic conditions around the
world fuel migration,” the report states. “This high volume of illegal
immigration, including unprecedented numbers of family units and
unaccompanied alien children arrivals, stretch government resources, and
create a humanitarian and border security crisis that cripples the
immigration system.” The migrant surges could undermine the agency’s
ability to effectively secure the border without adversely impacting other
parts of the immigration system, DHS further writes.
A section on natural disasters claims that severe weather, floods,
earthquakes, hurricanes, wildfires, and winter storms also threaten the
nation. “These disasters pose a significant threat to human health and
safety, property, critical infrastructure, and homeland security while
subjecting the nation to frequent periods of insecurity, disruption, and
economic loss,” DHS writes in the last page of the document. “Over the
last year, the United States has faced the COVID-19 crisis while
simultaneously dealing with numerous natural disasters. These natural
disasters require the Department to readjust its priority focus, as
resources continue to be reallocated to focus on responding to multiple
natural disasters, while continuing to handle its traditional roles and
responsibilities.”
Until next week...
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