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De Omnibus Dubitandum - Lux Veritas

Friday, June 11, 2021

Peacefully and proactively dealing with election fraud

Earlier in the week, I asked the question: What if Proof of 2020 Presidential Election Fraud Develops? I mentioned several remedies that have been widely talked about from impeachment to a Pentagon coup to rioting in the streets.

None is an ideal solution. The first wouldn’t correct the problem, the second would turn the United States into a third-world banana republic and the last would bring about a modern version of the bloody chaos that characterized post-revolutionary France. An ideal solution would reverse Biden’s inauguration and inaugurate Donald Trump as the rightful president -- and do so while maintaining our Constitutional Republic.

There is another option that theoretically could do that, one based on concepts familiar to Americans, thanks to shows from Perry Mason to Law & Order: “Fraud vitiates everything” and “fruit of the poison tree.”

In 1878, in United States v. Throckmorton, the Supreme Court held that “There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents, and even judgments.” In English, fraud invalidates contracts – and an election is nothing if not a contract. Everyone knows if you sign a contract based on fraudulent information, that contract is invalid. That leads to “void ab initio“ which means that fraud from the beginning taints everything resulting from it.

The other doctrine is one we’ve seen TV lawyers use to throw out evidence against their client because it was obtained illegally. The evidence is inadmissible as the “Fruit of a poison tree.” The Supreme Court, in 1939, explained this in Nardone v. United States which holds that, if a tree is poisonous, so too is its fruit. (Hat tip to Andrea Widburg, Donna Palen, and Al Simon)..............

This means that, if fraud is shown, the election is invalid. Biden is not president and every action his administration took is void as if it never happened. Of course, that’s never been done in a presidential election but it’s happened a handful of times in lower elections............To Read More............


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