RUSH: Now, will this Texas lawsuit, will it overturn the 2020 election? Julie Kelly has a story at American Greatness. And, as usual, it didn’t print. But grab audio sound bite number 1 just to set this up. This is me from yesterday explaining to people what’s important about the Texas lawsuit.
RUSH ARCHIVE: This is a very serious allegation, because in these states, any election, any changes to election law must come from the state legislatures. They have what’s called plenary power over election law. Individual officeholders in these states cannot arbitrarily change election law, whether there’s a pandemic or not, whether there is some kind of a natural disaster brewing out there or not, they just can’t do it. So people have said, “Well, why does Texas care?” Well, because if these four states are allowed to get away with basically undermining the United States Constitution, then all existing election law is moot. It’s out the window. And that’s why it is thought that the court here almost has to take it. Look, they don’t have to take anything. So it’s risky to put it that way. But the ramifications of not taking the case are pretty high.
RUSH: So they did take it. They announced late in the day, close to the end of business, that they were going to take the case. Julie Kelly writing at American Greatness: “In a lawsuit filed Monday before the U.S. Supreme Court, the state of Texas accuses four states currently ‘won’ by Joe Biden of using the COVID-19 pandemic as an excuse to violate the Electors Clause and the 14th Amendment. Texas Attorney General Ken Paxton is suing Pennsylvania, Georgia, Michigan, and Wisconsin for usurping the sole authority of state legislatures to create election law and charges that millions of absentee ballots were unlawfully processed by local election officials.
“The bill of particulars against the four rogue states is damning. Unelected bureaucrats such as Pennsylvania Secretary of State Kathy Boockvar and members of the Wisconsin Election Commission changed rules at the last minute and without authority. Local election workers flagrantly violated numerous state election laws; rejection rates for mail-in ballots were far lower than in the primary elections despite the unprecedented volume of absentee voting; and the statistical probability of Joe Biden’s victory in those four states as of 3 a.m. on November 4, 2020, given Trump’s substantial lead, is ‘less than one in a quadrillion.'”
The statistical probability of Joe Biden winning in those four states as of 3 a.m. on November 4th — that’s Wednesday, the day after the election, it’s early in the morning — given Trump’s substantial lead, 800,000 vote lead in Pennsylvania, was less than one in a quadrillion. It really is amazing. Trump has this 800,000-vote lead in Pennsylvania, massive leads in other states. These four swing states. And then the votes all of a sudden the counting is stopped around 11 o’clock in these four different districts or cities in swing states.
Everything came to a screeching halt. And it’s a real puzzlement that Trump outperforms himself 2016 to 2020. He gets far more votes from Hispanics and African-Americans and women in 2020 than he got in 2016. Biden underreports Obama in terms of certain voters, but yet in these four swing cities, in four swing states, Joe Biden ends up with a massive number of votes after the counting is resumed after Republican observers are sent home thinking that the counting was over for the night.
Why was the counting ever stopped? Well, the answer is obvious. They needed go out and find votes. What really happened, in my view, I think what really happened is they had no idea just how big a victory Trump was going to secure here. I think a few of them bought the notion that he was gonna lose, maybe, they believed their own polls. They thought it might be close. But I don’t think any of them thought that Trump was gonna get the number, the amount of votes that he got.
So their task the night of November 3rd, the morning of November 4th was far bigger than they had ever imagined. They needed to come up with millions more votes than they ever planned on needing. They had to stop the counting. They had to keep Trump’s lead in Pennsylvania at 800,000. It couldn’t go higher. It couldn’t get up to a million. They had to stop it. They had to stop it Wisconsin. They had to stop it in Michigan. They had to stop it in a number of other places. And then they had to do some real dancing to get these Dominion machines to spit out the number of votes that they needed for Biden in order to stop what was happening for Trump.
“The bill of particulars against the four rogue states is damning. Unelected bureaucrats such as Pennsylvania Secretary of State Kathy Boockvar and members of the Wisconsin Election Commission changed rules at the last minute and without authority.” Only the state legislature can change election rules. Nobody else can do it, but they took it upon themselves. Here’s a quick bunch of highlights.
“In Pennsylvania, Kathy Boockvar, who was appointed by Governor Tom Wolf, a Democrat, in 2019, unilaterally and ‘unconstitutionally’ ditched the state’s signature verification statute and extended the deadline for receipt of mail-in ballots, including envelopes without a postmark, until three days past Election Day.”
She just arbitrarily did this. That’s how long it was gonna take them to come up with the votes they needed. Unilaterally and unconstitutionally ditched, just eliminated Pennsylvania’s signature verification law. Then extended the deadline for receipt of mail-in ballots, including envelopes without a postmark. That normally would make them illegal. She extended that deadline until three days past Election Day.
Now, Julie Kelly has explained in a previous column, “Pennsylvania election law expressly prohibits the processing of mail-in ballots until 7 a.m. on Election Day; that rule was clearly violated. Pennsylvania also does not permit ballots to be ‘cured,’ another law local election officials ignored.” Cured can mean anything: fixed, examined. ‘This number of constitutionally tainted ballots far exceeds the approximately 81,660 votes separating the candidates.”
In Georgia: “Paxton, et al claim that the number of unlawfully handled mail-in ballots in the Peach State ‘far exceeds the margin of victory’ between Biden and Trump. (Biden is purportedly ahead by fewer than 13,000 votes.) Republican Secretary of State Brad Raffensperger–who penned an op-ed in Monday’s Wall Street Journal claiming that the 2020 presidential election was the ‘most secure in history’ and accusing President Trump of running ‘the Stacey Abrams playbook’ by refusing to concede–made ‘unconstitutional change[s]’ to Georgia election law. In March 2020, Raffensperger and the state’s Democratic Party reached a settlement that made it much harder to challenge signatures on absentee ballots: That change was not approved by the state legislature.”
Meaning it’s illegal. These are just two states now. And with two little, tiny illustrations of violations of law that are actually not tiny; they’re major. And if the court does hear this case, if they actually hear it, I don’t know what they’re gonna do. I don’t know what choice they have. There are so many violations of state election law here. I mean, some of this stuff you can’t ignore, I wouldn’t think.
BREAK TRANSCRIPT
RUSH: I have Trump lawyer Jordan Sekulow was on Newsmax last night, and they were talking about the Texas case that we referenced earlier that the Supreme Court has taken. And, you know, it’s gonna be real fascinating to see what the court does with it. They’ve taken the case. We don’t know how that is gonna manifest itself.
But, man, there are so many clear violations of law that are obvious in the case as it’s been written in the lawsuit. And it’s gonna be real hard to ignore. These are serious violations of law. So let’s listen. This is one of Trump’s lawyers, Jordan Sekulow. The question, “We’ve got the Pennsylvania case basically thrown out, but Texas and then just a snowballing effect of states joining Texas, that’s got to hold weight with the Supreme Court, correct?”
SEKULOW: The states that were named, they have to now respond by Thursday at 3pm to this bill of complaint. And they have to respond to very specific items. So the Supreme Court is not just considering what Texas filed today, they are now going the next step, which is saying we want a response from the states named. Again, I think this it’s very clear. This is the case we’ve been talking about to reach SCOTUS. This is the outcome determinative case, 62 electoral college votes at stake, enough to change the outcome of the election. This is the be all, end all case. This is the major challenge, the one we were waiting for.
RUSH: Now, this is team Trump. This is the one team Trump has been aiming at all along. The Pennsylvania case, the Trump campaign had nothing to do with that case. Other people were behind that. And that case unfortunately has been dismissed or thrown out, which is too bad. But Sekulow is right here. And Alito signaled that they were interested in this way back when he gave them the date of today that a number of things had to be rectified. These votes had to be sequestered finally, they had to be separated. They weren’t, the mail-in versus the same day election.
But there are enough electoral votes up for grabs here to change this election. And there were clear violations of law in these states. The constitutions of these states clearly say that only the state legislature can make and/or change election law. State secretaries of state cannot. Yet they did in Pennsylvania, in Michigan. Secretaries of state and other states officials arbitrarily changed the way votes were counted, changed the way mail-in ballots were dealt with. All of that is against the law, putting it in common vernacular.
Here’s Ken Paxton. This this morning on Fox & Friends. This is Texas Attorney Ken Paxton. And the question is, “Why is Texas getting involved in this in the first place?”
PAXTON: These elections in other states where state law was not followed as required by the Constitution affects my voters, because these are national elections. And so if there’re fraudulent activities or things that effect an election, and state law’s not followed as is required by the Constitution, it affects our state. It affects every state. A state-on-state action has to go to the U.S. Supreme Court. It’s the only place we can go. So we’re very hopeful that they’ll at least hear our arguments.
RUSH: That’s a very key point as well. When it’s state versus state, the case can and has to go to the Supreme Court first. The Supreme Court’s an appellate court. The Supreme Court never hears a case for the first time. It’s not a trial court, except in these circumstances. State versus state has to go to the Supreme Court. Supreme Court took it.
And Paxton here is saying, “Look. If they get away with this in these four states, they’re corrupting election law everywhere. We’ve got to stop it.”
BREAK TRANSCRIPT
RUSH: Back to where we were, where the broadcast engineer just had a brain fart and stopped paying attention. What I intended to play here was audio sound bite number 5, the second bite from Ken Paxton. “Is the horse out of the barn? It’s been five weeks, and a lot of these judges, there’s been 50 cases and without a victory, a lot of these courts are saying, ‘I don’t want to hear it.'”
PAXTON: Even though the genie’s out of the bottle, our argument isn’t necessarily directly about the fraud. Our argument is that because these states like Pennsylvania and Wisconsin did not follow their own state law — and that these orders were by other elected officials to change the law or by other judges, that is unconstitutional. Therefore, we can’t go back and fix it, but we can say, okay, let’s transfer this to the legislature which used to do this in other states and let them decide the outcome of the election. That would be a valid constitutional situation.
RUSH: And it’s exactly right. So one of the objectives here, the remedy is to send the election back to the state legislatures since they were aced out. They really were ignored. And election law in these swing state cities was changed. Given that the legislatures in these states are likely gonna be Democrat, they probably don’t even care. As long as the end result happened. The end result, Biden wins, as far as they’re concerned, that’s fine.
But Paxton said, “Look, the genie’s out of the bottle. Our argument isn’t necessarily directed to the fraud. Our argument is because these states like Pennsylvania, Wisconsin, didn’t follow their own law and that these orders were by other elected officials to change the law or by other judges, that’s unconstitutional.” He says, “We can’t go back and fix it.” I disagree with that, but nevertheless. We can say let’s transfer this to the legislature.
Now, Trump has tweeted that he’s gonna be intervening in the Texas case and many others. He said, “This is the big one. Our country needs a victory.” That was from 8:44 this morning. Now, Texas’ challenge to the Supreme Court, it really isn’t a partisan issue. It’s always been about the rule of law. There are governors in states that are overriding state legislatures with orders that change the rules passed into law of how elections are conducted.
Now, I realize that, and this is a sad state, but I realize there are people, “Come on, Rush, just drop it. Nothing’s gonna change. You you just gotta learn to let these things go.” I understand the sentiment. You think all is lost, it’s too late in the day, there’s not enough time. But, man, the Constitution has to matter. If it’s this easy — and it always has been — it’s amazing this country’s lasted as long as it has. I marvel at it. I really do.
The Constitution is just a bunch of pieces of paper with words on them. It does not per se have a military. The Constitution is not per se armed. If we elect somebody as president who wants to become a dictator, all he’s gotta do is ignore the Constitution. And yet nobody has. In all of our history, that Constitution somehow has kept people in line. Now, the left has tried to find little ways around it here and there while making it look like they still support it. But given human nature, the quest for power a lot of people have, the idea that we’re still governed by that Constitution is amazing.
BREAK TRANSCRIPT
RUSH: I’m told that I don’t know what I’m talking about, that every president since Calvin Coolidge has — what? — ignored the Constitution, that we now live in the post-Constitution era. I was just told this. Every president’s ignored the Constitution. Every one since Calvin Coolidge. Even Levin says so. Did you know that? Even Levin, so that makes it law.
BREAK TRANSCRIPT
RUSH: Trump’s all excited about it and he’s gonna intervene. He meant he’s gonna join the case. Trump actually had another tweet this morning. He said: “We will soon be learning about the word ‘courage,’ and saving our Country. I received hundreds of thousands of legal votes more, in all of the Swing States, than did my opponent. ALL Data taken after the vote says that it was impossible for me to lose, unless FIXED!”
This is the case they’ve always wanted to go before the Supreme Court. This is the campaign’s case. This is the Trump campaign’s case. And they were given the signal late yesterday afternoon that the court is gonna take it up.
BREAK TRANSCRIPT
RUSH: Well, I’m being told by two or three people here the Supreme Court has not taken the Texas case. All they’ve done is asked the states for a response and they’ll make up their mind after I guess they see that.