The Constitutional Process Did Not Stop Fraud. We Need to Do That.


By John Mills | The Epoch Times | January 22, 2021

As soon as the Nov. 3, 2020 election started looking odd in the early morning hours of Nov. 4, my laser focus for this election was to ensure we ran the complete constitutional process. It was not about President Trump or now President-Elect Biden, it was about fully exercising the constitutional guidance on elections given in the 12th Amendment and 3 United States Code.

My journey with more fully understanding the election process began in late 2019 in the aftermath of the Virginia State Assembly election debacle. From this journey I learned many things.

First and foremost, I learned about a stunning lack of knowledge, passion, and participation in the voting process by most non-progressives at the county and state level. I learned further that all elections are predominantly a local event, federal law and guidance is actually very sparse on the voting process.

I’m finding that few really care to understand the election process and simply assume someone else is taking care of the election process. The answer is yes, someone else is taking care of the process. This “someone else” are people, methods, and processes that are questionable.

Finally, I learned that if anyone wants to get mad at anyone about the outcome of the Nov. 3, 2020 Election, they need to focus their time, attention, and energy to the Republican apparatuses (the Party and the elected executive and legislative Republicans at the state levels) in the six contested states.

Fraud and the Constitutional Process

I read, analyzed, re-read the 12th Amendment and 3 United States Code to prepare numerous point papers at the request of others. The stark reality is that we did follow the Constitutional process for this election. At the same time, there was massive, corporate-level fraud in the election process.

Bafflingly, these two components, the Constitutional process and election fraud are not mutually exclusive. This does not mean the Constitutional process is broken or faulty. In retrospect I like to observe that the Constitutional process graciously allows for the imperfect nature of Man (and Woman) in an incredible calculus to arrive at the best possible decision in a democratic republic.

I was contacted daily by multiple groups and personalities seeking an exact, step by step, technical manual sequence for what would happen. Few liked my answer. The reality is that the 12th Amendment and 3 USC give some sequence, but mainly they provide parameters.

Could Vice President Pence have sent the Electors back to the States for clarification from the State Legislatures? Yes, I believe he could have, and it still would have been within the spirit and intent of the letter he released. In the end he didn’t, that was not unlawful nor violated the Constitution.

There was massive evidence of the evidence of fraud in the election process, arguably best summed up in the 3rd Navarro Report. Media, the courts, and the executive branch seemed patently uninterested in following up on any of the evidence.

It is a crucial and possibly the key role of the Judicial Branch to compel the release of evidence primarily held back from public review by the county and state sworn election officials. They didn’t and the six key states adopted unstoppable inertia, despite noteworthy, heroic exceptions, as it appeared many on the Republican side wanted to push the contention over the final election outcome to someone else. Again, the “someone else” syndrome struck.

Totalitarianism in Disguise

With the chaos at the U.S. Capitol on Jan. 6, 2021, hundreds of thousands of Trump supporters came to be associated with violence.

Were members of BLM and other radical groups responsible for initiating the violence? Perhaps—and there have been arrests and charges made in Washington, D.C. and at other riots around the country.

Was this a set up by Antifa? Possibly.

Did some Trump supporters try to calm and defuse the violence? Yes. Even if true that some Trump supporters were carried away by the psychology of the mob, there needs to be a complete investigation and responsibility assigned for the unlawful actions on Jan. 6 for all participants on all sides.

What has quickly been apparent is that the riot at the U.S. Capitol was the equivalent of the Reichstag Fire . The riot is being used as a pre-text for harsh censorship and purges by social media–a modern “blacklisting.” Although respected personalities attempt to stand against the media led mob, many succumb to this false narrative that Trump caused the violence.

The consequent coordinated purge by social media of accounts is simply un-American and demands transparency and review.

Simultaneously, the Speaker of the House led a second impeachment vote and the case has been handed to the Senate for a trial, which may happen after the President leaves office, questionable in its standing.

This unreasoned, hateful pursuit of President Trump does little to heal American society and is what Third World Countries do after an election coup. This frenzy against free speech and President Trump is totalitarianism disguised as moral outrage—very similar to what happened to former President Park in South Korea.

Involved in the Process

The “conspiracy” theories I was frankly swamped with over the past few months for the most part started with a kernel of truth. Many of the people sharing these were very well educated, well informed, and well-meaning. They live outside the veil of classified knowledge of the departments and agencies of the U.S. Government and other vestiges of the swamp.

They are well-meaning people trying to make sense out of what happened.

Instead of waiting for martial law, fleets off the coast, military action to seize the voting machines in Frankfurt, and so on, I suggest we need to demand absolute transparency over every step of the voting process.

Every single ballot needs to be optically scanned to ascertain its validity. Every single ballot passed through needs to be observed by multiple bi-partisan observers double-checking the voting tallies. The voting machines need to be as dumb as possible and only count votes with none of the insane proportional allocation of votes. We need absolute transparency over the election machine companies and their ownership.

Americans voted reasonably well before the 2002 Helping America Vote Act which created this train wreck. Let’s help ourselves and ensure every one of us gets involved in the local election process. Despite the Constitutional process which allowed a victor with considerably less votes, if we get decisively involved, the best is yet to come for the United States.


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