Sunday, November 15, 2020

UPDATED: What To Expect From The Trump Team's Legal Challenges

The Dems and their Media/Big Tech allies are working feverishly to suppress dissenting voices and present the nation with a fait accompli--the election was "won" by Biden despite Dem failure in House and Senate races and in the face of overwhelmingly improbable statistical anomalies.

At the same time, Trump's team is doing what it can to buoy support and to get its own messaging out--to prevent public acceptance or resignation in the face of what was clearly fraudulent.

This morning Rudy Giuliani and Sidney Powell both appeared--separately--on Maria Bartiromo's Sunday Morning Futures to discuss the state of the Trump team's election challenges. Of course, that means sorting through the rhetoric looking for solid things. In particular, looking for ways to connect the evidence they've gathered to the remedies they're seeking with regard to specific state elections--exclusion of entire classes of votes (mail-in ballots, for example, those counted without GOP observers present, etc.) or even a re-do. For example, demonstrating nefarious software capabilities isn't ipso facto proof of actual fraud having occurred. Nor are general conflicts and apparent corruption proof of actual fraud in the elections. The evidence that Trump's legal team presents will need to bear directly on the issue of actual fraud, rather than motive or ability alone. Motive and ability can enter into the presentation, but it won't be able to carry Trump to victory all on its own.

In the transcripts below I've attempted to edit out passages that don't bear directly on what we can reasonably expect the main thrust of the Trump challenges to be. What emerges, in my opinion, is a narrative of the fraud that runs like this: Democrat officials in ten to twelve states systematically and illegally excluded GOP observers from the ballot counting. Seven states actually halted the counting for a period. The purpose of these actions was 1) to determine--through the use of Smartmatic software on Dominion machines--how many votes were needed to overcome Trump's lead, and 2) to use the software system to inject the needed votes into the tabulation system without being observed.

That's the narrative of the fraud. The question is: What evidence will be needed to prove that, and will the Trump team be able to do so? Maria Bartiromo questioned Rudy Giuliani and Sidney Powell on these issues. 

Note two things. 

First, Rudy's first tactic will be to maintain that ALL ballots that were counted in the absence of GOP observers are ipso facto invalid and must be deducted. That would be simple. If that doesn't work, they will argue in the alternative that software was used to manipulate the tabulation. He says they have proof. 

Second, Powell makes a clear distinction between "voter fraud" and "election fraud". She states forthrightly that we're looking at "election fraud," and that means she's referring to the use of software to jigger the tabulation or vote count. So that will be a key part of their case--possibly THE key part.

Here's how it goes, starting with Rudy:

MARIA: One source says that the key point to understand is that the Smartmatic system has a backdoor that allows the votes to be mirrored and monitored, allowing an intervening party a real time understanding of how many votes will be needed to gain an electoral advantage. Are you saying that the states that use that software did that?

RUDY: Well, I know, I can PROVE, that they did it in Michigan. I can prove it with witnesses. We're investigating the rest. ...

Number two, they didn't allow Republicans in key places to observe the mail vote. That makes the mail vote completely invalid. Now, they didn't do it everywhere. They did it in big cities where they have corrupt machines where they'll protect them. Meaning: in Pennsylvania, Philadelphia and Pittsburgh. In Detroit. ... They did it absolutely in Phoenix, Arizona. They did it absolutely in Milwaukee, Wisconsin. Republicans were shut out from enough of the count so they could accomplish what Smartmatic wanted to do. And that pattern that you have there [of states that shut down vote counting], we have evidence that that's the same pattern that Smartmatic used in other elections in which they were disqualified. In other words, this is their pattern of activity. And, yes, there IS a back door, and we actually have proof of some of the connections to it. Right now our cases are the most developed in Pennsylvania and in Michigan. ...

MARIA: Do you have the Dominion hardware in your possession? [RUDY laughs.] Do you have that hardware in your possession to prove it? Can you prove the case without the hardware or without the software?

RUDY: [Begins by saying he has people who can DESCRIBE the hardware and software, its design, features, and so forth--whose identities he can't reveal.] And then we have proof that I can't disclose yet. ... And it was done deliberately. The fact that it was done in all those states tells you it was a plan. The crooked Democrat leaders in those ten or twelve places where we were shut out didn't all develop that idea by themselves. Right? They didn't have the same dream that night. 'Cause it was a plan. ...

Next up is Sidney, in two parts:

MARIA: Do you have the software in your possession, do you have the hardware in your possession? How will you prove this, Sidney?

SIDNEY: Well, I've got lots of way to prove it, Maria, but I'm not gonna tell on national TV what all we have. I just can't do that.

First of all, I never say anything I can't prove. Secondly, the evidence is coming in so fast I can't even process it all. Millions of Americans have written, I would say, by now, definitely hundreds of thousands have stepped forward with their different experiences of voter fraud. But this is a massive election fraud, ...

They can stick a thumbdrive in the machine or upload software to it, even from the internet--they can do it from Germany or Venezuela, even. They can remote access anything, they can watch votes in real time, they can shift votes in real time. We've identified mathematically the exact algorithm they used, and planned to use from the beginning, to modify the votes in this case, to make sure Biden won. ... In fact we've got math in Michigan and Pennsylvania, I think it is, that all of a sudden hundreds of thousands of votes at a 67% ratio for Biden 23% for Trump were uploaded multiple times into the system.

UPDATE: From a later interview with Sidney Powell (h/t TGP), in which she lays it all out:

It’s massive criminal voter fraud, writ large--across at least 29 states, it could've been happening. Anytime a voting machine was connected to the internet--and we have evidence that many were--it was obviously happening. It’s obvious from the algorithm and the statistics that our experts are tracking out, where batches of votes and when the curves changed. And it’s going to blow the mind of everyone in this country when we get it all together and can explain it with the affidavits and the experts that have come forward.

And here's a bit of general encouragement, via Instapundit:

If Media Didn’t Think Trump Could Win, It Wouldn’t be Targeting his Lawyers. “When dealing with compulsively dishonest people, it doesn’t pay to spend too much parsing their words. It’s more helpful to study their deeds. The media keeps claiming that President Trump can’t win, that his legal challenges are futile, hollow, and have absolutely no chance of winning in court. And, it’s also launching a full-scale Jihad against those law firms and lawyers participating in legal challenges against the election results. This harassment, which includes threats to the licenses of lawyers who represent Republican clients, is an unprecedented violation of political norms. But it’s also a tell.”



  1. When Sidney referred to how Haspel should be fired, Maria B. moved on, to Sidney's reference to Kickbacks to state brass.
    Any guess, as to why Maria ducked pursuing such a major demand?

    1. Not sure. Sidney makes it clear that our intel agencies were well aware of the capabilities or features of this software, because they were using it to manipulate elections in foreign countries. By the same token, they must have suspected that they same features not only could be but actually WERE being used within the US. I suspect that would have been the case in more limited circumstances than this year but, for example ... 2018?

    2. Mark, any thoughts about Trump’s EO on election fraud issued in Sept 2018? He didn’t sign this EO right before this year’s presidential election, but back in 2018 before the midterms. And why is it only surfacing now?


    3. I've seen Maria do this often in interviews where expanding the larger picture would be painful. She will also many guests to do the same. Lindsey Graham interviews for example. She will take 3 or 4 steps down a path and then deflect.

      I think it's to look plausible without hitting any actual substance. I suspect that it's part of Fox's over all protection/ propaganda racket.

    4. It appears from what I saw at AT to deal with foreign powers rather than domestic political parties.

    5. "I suspect that would have been the case in more limited circumstances than this year but, for example ... 2018?"

      I remember reading last week, but I can't remember where, an article alleging that the software was first used domestically in Dallas county, Texas, during 2018 election.
      Tom S.

  2. Hank Williams Sr - Drifting Too Far from the Shore

  3. Well, I will wait until they show me something. At this point, any something will do to keep me interested for another week.

  4. "could've been happening."

    I'll believe it when I see it. Until then, too many people sounding like the phony Russia Hoax purveyors on the left.

  5. To adapt the old Gulf War II saw, this is shaping up to be the Mother of All Federal Election Lawsuits. It's difficult to even imagine how so much evidence in so many states, so many kinds of evidence-- much of it with national security and criminal enterprise implications-- can be effectively presented to a court under intensely short deadlines. The critical decisions of which courts, when, with what's a challenge of epic proportions.

    I wonder whether the Trump campaign needs to be holding rallies or other events, particularly in these contested states, partly to educate citizens and partly to demand that Republican legislators show courage to prevent this fraud from succeeding. Judges, too, need courage.

    I suppose that is the ultimate question in all of this: does the United States system of government have enough brave men and women who will do what's necessary to prevent this brazen Democrat Mafia from destroying our republic? I don't think that's hyperbole. There are several ways the Great Theft can be thwarted-- legislatures refuse to certify or pick Trump electors or mandate an audit/recount; Judges could throw out Biden votes; Justices could invalidate state elections and order remedies that give Trump the win; the election could go to the House under the 12th Amendment. And beyond this, if Trump is certified the winner, the Democrats will resort to violent insurrection which may require all of us to resist. All of these things require real courage.

    Do we have it?

    1. Your ultimate question is very well put. And, more than anything else we have witnessed and pondered, perhaps even more than the thought of a Biden administration, the very question leads me to despair. Over the past two weeks, I have had a nagging, growing sense that as a nation we are too politically and morally exhausted to stand against even the most blatant corruption and tyranny. I pray I am wrong. I hope I am wrong.

    2. H/T to Tom S. who quoted Franklin in a comment to “Justice Alito Unloads” :

      “Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.”

    3. If such a case were to be assembled and presented, I would think something of such importance should immediately be submitted directly to the Supreme Court, especially if the fraud is based on conspiracy that pervades the entire system in several states.

      Still waiting to see such evidence. But I'm not counting that out, especially since Powell's weekend statements given with such vehemence, that if there is nothing substantial there, she will have utterly destroyed her credibility. She quite clearly said that she does not make the statements she has made without being able to prove them.

      Right now, there is nothing to be courageous for. If the evidence is really there, then, yes, we may need it. If the Hunter story disappearance is any indication, we can expect the national media to willfully ignore any evidence the Trump team delivers. And some GOP may run away from a just fight.

  6. I don't pretend to know if anything will come of this, but all that needs to be done is to prove fraud in ONE state, as Giuliani claims he can do in Michigan, then everything will blow up.

  7. Sidney took it up a few notches in this interview on Rush. More and more specific on what they are looking at in Spain and Germany. All I can say is WOW!