By: Jeffrey Winograd
The United States is on the brink of political Armageddon – a decisive conflict with virtually anonymous federal and states jurists siding with a corrupt Democratic criminal enterprise in total disregard for finding the truth.
That is essentially what has been happening while President Donald Trump has been seeking recourse in the halls of justice to establish whether the 2020 presidential election process was illegally undermined.
Judges in Michigan, Wisconsin, Nevada, Arizona, Georgia and Pennsylvania have demonstrated they lack the wisdom and courage to discover the truth.
For example, a judge in Michigan rejected the admissibility of the sworn, under penalty of perjury, affidavit of Jessy Jacob, a Detroit city employee, who made various allegations regarding the coaching of voters and offering of specific illegal voting instructions.
Why the rejection? Because she didn’t name parties and provide dates, as if this problem could not have been easily cured by questioning before the bench.
Now, a federal district court judge in Pennsylvania has tossed out a key lawsuit brought in behalf of Trump and individual voters.
In the words of Judge Matthew Brann, an Obama appointee who sits in the United States District Court for the Middle District of Pennsylvania: “Among the grounds that could justify a denial of leave to amend [the lawsuit] are undue delay, bad faith, dilatory motive, prejudice, and futility.”
How is that for an objective legal opinion!
No Time for Pussyfooting
The time is now for President Donald Trump to play his trump card – his decisive ultimate resource – against the combined forces that have been arrayed against him since he first announced his candidacy for the presidency.
His game-changing weapon is the Racketeer Influenced and Corrupt Organization Act, popularly known as RICO.
This is a strongly recommended course of action that is separate and apart from Trump’s current legal challenges to the still unofficial election results.
To explain why there is no time to lose, just a bit of background.
Biased News Media
President Trump’s legal team, during a November 19 press conference at the Republican National Committee headquarters on Capitol Hill, laid out in sufficient detail the legal causes of action the president and others believe are legally sufficient to overturn the election results in Michigan, Wisconsin and Georgia, with similar possibilities in Pennsylvania, Arizona and Nevada.
Unfortunately, the news media has been content to disparage the performance and physical appearance of Rudy Giuliani, Trump’s top lawyer, and the allegations, albeit without a full explanation, of Sidney Powell, a key member of the team.
Full and accurate reporting has fallen by the wayside, and the general public is not only misinformed but outright deceived by the Fourth Estate which is in bed with the Democratic cabal supposedly under the incorruptible (just forget about the lucrative business dealings of his son, Hunter, in Ukraine and China) leadership of Joe Biden.
One reporter wrote that Giuliani “urged reporters to look into [the] affidavit” of the aforementioned Jessy Jacob, but inaccurately concluded that “the president’s legal team offered no evidence to support their claims, yet berated the media for not covering them.”
Well, here is a bit of legalese that should cause Dylan Stableford a bit of embarrassment had he heeded the advice of Giuliani to read the publicly available affidavits.
According to LegalNature:
“An affidavit is admissible evidence, although some courts may require you to testify to the affidavit or they may consider it hearsay. Since hearsay is not admissible as evidence, your affidavit may not be used for evidence if someone objects to it unless you testify.”
To sum up, the public is being fed shoddy, faulty and outright biased reporting – a condition which allows judges to act with impunity and anti-Trump animus.
And it is not outside the realm of reality that the Supreme Court of the United States will do everything possible to avoid getting involved.
Giuliani’s List of Allegations
Here is a sampling of allegations made by Giuliani, which he must prove in court, during the press conference;
- With Biden ahead in Pennsylvania by 69,140 votes, there are some 682,000 mail-in ballots which underwent no inspection.
- The secretary of the Commonwealth of Pennsylvania permitted ballots to be cured (mistakes corrected) in Philadelphia and Pittsburg, but not in other locations.
- In Pittsburg, there were some 17,000 provisional ballots completed. Of these, 15,000 were from people who came to vote in person and were told they had already voted.
- In Detroit, the aforementioned Jessy Jacobs, in an affidavit, stated she was told to change the date of receipt on absentee ballots, not to ask for valid identification, not to invalidate any ballots, not to look for any deficiencies and not to look for signatures.
- In Detroit, at approximately 4:30 a.m., on November 4, trucks came to the rear entrance of the ballot processing facility and allegedly delivered ballots stuffed in garbage cans, paper bags and cardboard boxes. The estimated number of said ballots was between 50,000 to 100,000.
- With Biden ahead in Wisconsin by 20,554 votes, there were some 60,000 absentee ballots received in Milwaukee and some 40,000 absentee ballots received in Madison with no applications on file requesting an absentee ballot.
- In numerous Wisconsin precincts, there were overvotes as high as 150%, 200% and 300%. This means more votes were supposedly cast than the number of actual registered voters.
Giuliani repeatedly asked reporters to read the court filings and the affidavits that were publicly available. He also said he could not publicly release any of the affidavits without permission of the individuals submitting the affidavits. In addition, there is a reasonable likelihood that those who submitted affidavits would encounter threats to themselves and family members, Giuliani said.
A previous article on this site include a must-see list of allegations of wrong-doing in several battleground states.
Applicability of RICO
18 U.S. Code CHAPTER 96—RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS seemingly lays out the way for Trump to fight back with a series of civil lawsuits in a number of United States District Courts.
What constitutes “racketeering activity?” A glance at 18 U.S. Code §1961 offers relevant title 18 possibilities:
§1028 (fraud and related activity in connection with identification documents); §1029 (fraud and related activity in connection with access devices); §1341 (mail fraud); §1343 (wire fraud); §1503 (obstruction of justice); § 1512 (tampering with a witness, victim or informant) and §1513 (retaliating against a witness, victim or informant).
What are “prohibited activities?” A look at 18 U.S. Code §1962 offers these explanations:
(b) It shall be unlawful for any person through a pattern of racketeering activity … to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. (c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity…. (d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (b) or (c) of this section.
Are there “civil remedies/” A review of 18 U.S. Code §1964 states:
(c) Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee….
Naming the Conspirators
It is impossible to overstate the damage Democrats have inflicted on the Constitution and the U.S. body politic from 2015 until this point in the 2020 presidential electoral process.
And now, amid reports that the Durham probe into the origins of allegations of Trump collusion with the Russians is in its death throes without any likely indictment of wrong doers, why not start with naming Hillary Clinton (bankroller of the so-called Steele dossier) and the Democratic National Committee (another bankroller) as the first two defendants.
Then continue by adding to the roster of defendants James Clapper, John Brennan, James Comey, Miles Taylor (Mr. Anonymous), Kathy Boockvar (secretary of the Commonwealth of Pennsylvania), and many others, working the list to include election officials in Detroit, Wisconsin, and other jurisdictions, as well as U.S. Postal Service employees and even local precinct workers.
Force these folks to appear in U.S district courts and testify under oath.
It would seem to a mere journalist that with some skillful and innovative lawyering, this is not “to dream the impossible dream.”
It is called Queens-style payback.