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Elections

Stop Pretending Witness Testimony Doesn’t Qualify as ‘Evidence’ in GOP Voter Disenfranchisement Lawsuits

The MSM secretly distributes talking points, which often come from the DNC.

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The MSM secretly distributes talking points, which often come from the DNC, instructing its reporters to include statements in articles about voter disenfranchisement and suppression of Republicans declaring that there has never been any evidence of widespread voter fraud. If you’re not a lawyer, you might buy it. But if you know just the tiniest bit about the law, it’s frankly embarrassing to see non-lawyer journalists repeatedly writing this, pretending to be authoritative and objective. 

First year law students learn the federal rules of evidence, which have state versions. There are 68 rules of evidence under mostly five broad categories, and one of those categories is “testimonial evidence.” This usually is presented in the form of sworn witness statements, and can come from eyewitnesses or experts. It’s admissible with a proper foundation. For an eyewitness, that their “opinion is reasonably based on their perception,” and it’s “helpful in understanding the facts of the case or the witness’s testimony.” For an expert witness, the foundation is the person “is classified as an expert witness who has specialized knowledge of the evidence presented at the trial.” So it’s easy to get admitted into evidence.

Detractors point out that witness testimony isn’t admissible if it’s hearsay, which is defined as someone discussing what someone else said. But there are several exceptions to this rule that allow the testimony to be admitted, such as if it’s an “admission against interest.” So if a Maricopa County Elections employee testifies about wrongful statements by another employee, since it’s a type of whistleblowing it’s considered an admission against interest. 

Previous election lawsuits in 2020 challenging voter disenfranchisement and suppression were stymied due to other reasons, not lack of evidence. It’s dishonest for the MSM to pretend otherwise. Judges found vague technicalities to throw them out, afraid of having their careers destroyed since the left dominates much of the legal system. 

It’s a poorly kept secret within the legal system that federal district court judges in particular deliberately look for reasons to throw cases out. Popular reasons that judges can make work in most circumstances include lack of standing, wrong jurisdiction and untimely. These were almost exclusively used as reasons to dismiss the 2020 election lawsuits. Judges found the strangest, narrowest or most distorted interpretations of state statutes to throw lawsuits out as untimely, which is bizarre when you consider serious election fraud constitutes felonies; that kind of crime should not have the equivalent of short statutes of limitations. 

Witness testimony alone is used to send people to the death penalty. After Troy Davis was executed in 2011 based on only witness testimony, Al Sharpton and his National Action Network tried to get the laws changed to forbid prosecutors from pursuing the death penalty in cases where there was no physical or scientific evidence, but so far this movement appears to have little success

If we’re OK with executing people based on just witness testimony, why is it ignored in voter fraud cases, which are often only misdemeanors and civil infractions? Why are thousands of affidavits from people with a lot to lose — getting doxxed, fired, death threats — ignored as if they aren’t even real? Does anyone really believe thousands of people are making these reports up? The statistical odds of it merely being a coincidence are mind numbing.

Trump-endorsed Arizona gubernatorial candidate Kari Lake filed a lengthy lawsuit on Friday challenging the results of the state’s botched election, where thousands of Republicans on Election Day in Maricopa County ran into complications voting, and based on what they saw doubt their votes were counted. The complaint cited extensive witness testimony regarding wrongdoing, including 90% of mismatched signatures just swept under the rug and approved instead of being “cured” to ensure they were legitimate. Other witness testimony cited a lack of chain of custody for 298,942 ballots that were delivered to a third-party voter signature verification service. That is a class 2 misdemeanor. 

Just because a judge comes up with a bogus technical reason to throw out a lawsuit doesn’t mean there was never any evidence produced. Some of the reasons the 2020 lawsuits went nowhere were because the election attorneys were targeted with disciplinary actions, as in Wisconsin Voters Alliance v. Pence. The attorneys were only too grateful to drop the case to avoid worse discipline. They weren’t just any attorneys either, but part of the respected Thomas More Society’s Amistad Project. The judge who scared them into withdrawing the case was appointed by President Barack Obama, James Boasberg. The 65 Project, which appears to exist in order to drive conservative attorneys out of the practice of law, has preemptively submitted bar complaints against many of the election attorneys filing lawsuits over this election.   

Does anyone really believe that the top conservative election attorneys in the country continue to file cases in the wrong jurisdictions, that are untimely, and lack standing? Of course not. But it’s easy to fool the general public which aren’t attorneys. 

It’s going to take a brave judge to withstand the pressure to make up a technicality and instead address the evidence. Judges operate mostly out of the public eye and so one major decision could seal their reputation and career for the rest of their life, putting them and their families in financial jeopardy. Who wants to be known until their deathbed as the judge who ignored technical legal violations and enabled J6, as the MSM would spin it? The election lawsuits in 2020 ended up with almost exclusively Democrat and RINO judges, making their outcomes inevitable. In most jurisdictions, the presiding judge of the court gets to choose which judge hears a case, and with the legal system dominated by the left, that presiding judge usually leans left. 

All eyes are on Maricopa County Superior Court Judge Peter Thompson, who was assigned to Lake’s lawsuit. Will he withstand the immense pressure and acknowledge the massive statutory violations, or will he succumb to the bullies on the left and their comrades in the MSM?

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Rachel Alexander is a conservative political writer and pundit. She is the editor of Intellectual Conservative and a recovering attorney. She was ranked by Right Wing News as one of the 50 Best Conservative Columnists from 2011-2019.



 
 
 

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Elections

A Call to Our Better Angels

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When the Secret Service agents shielded former President Donald Trump off the stage to a waiting limo, he raised his fist to show that he was all right. As he repeated “fight, fight, fight,” you knew that it would be easy to define his response as a call to take it to his political enemies. Thankfully, his comments since then have focused that word on his desire for America to know that he “fights on” in pursuit of his second term. Commentators are pointing to the iconic pictures of his fist as an indication of how strong and courageous he is as a man; you can’t keep Trump down! The next few days will determine whether he can be “man” enough to tone down the anger and rhetoric that would be so easy to release against his political adversaries. Early indications are that he is asking Americans to give control to the better angels of their nature.

The day after the attack, Melania Trump penned a letter that showed her grace and love for America. She acknowledged the support she had received from Americans across our political divide. She closed her letter with these words: “And let us remember that when the time comes to look beyond the left and the right, beyond the red and the blue, we all come from families with the passion to fight for a better life together, while we are here, in this earthly realm. Dawn is here again. Let us reunite. Now. This morning, ascend above the hate, the vitriol, and the simple-minded ideas that ignite violence. We all want a world where respect is paramount, family is first, and love transcends. We can realize this world again. Each of us must demand to get it back. We must insist that respect fills the cornerstone of our relationships again. I am thinking of you, my fellow Americans. The winds of change have arrived. For those of you who cry in support, I thank you. I commend those of you who have reached out beyond the political divide – thank you for remembering that every single politician is a man or a woman with a loving family.”

Former President Trump echoed that call for unity. In a post on Truth Social, Trump wrote, “Thank you to everyone for your thoughts and prayers yesterday, as it was God alone who prevented the unthinkable from happening. Instead, we will FEAR NOT but remain resilient in our Faith and Defiant in the face of Wickedness. Our love goes out to the other victims and their families. We pray for the recovery of those who were wounded and hold in our hearts the memory of the citizens who were so horribly killed. In this moment, it is more important than ever that we stand United and show our True Character as Americans, remaining Strong and Determined and not allowing Evil to Win. I truly love our Country and you all, and look forward to speaking to our Great Nation this week from Wisconsin.”

President Joe Biden took a strong response after the attempted assassination, “There’s no place for this kind of violence in America. We must unite as one nation to condemn it… Everybody must condemn it.” He called and talked directly to the former President. Trump acknowledged and appreciated Biden’s call of concern and support. Biden’s campaign also decided to stop all campaign ads in the coming days to tone down the rhetoric. Biden also echoed Trump’s call for unity.

Former President Trump has also called for a change of theme for the Republican National Convention. There will be a call for unity in the Republican Party and in the country. Nicky Haley, the last campaign opponent to endorse Trump, has now been invited to speak at the convention on Tuesday night and has accepted. Unity does not mean an absence of focusing on party differences; it does mean lowering the heat of political discourse. Mike Huckabee, former Presidential candidate and Governor of Arkansas, asked all Americans to “fight ineffective but non-violent ways-debate, dissent, and ballots rather than censorship, retaliation, and bullets.” Yes, we need less hateful comments and personal attacks and a heartfelt desire to seek first to understand each other across our political divide.

In this brief period where both parties are calling for change, we must work to disagree without being quite so disagreeable. Understand that in the world of social media and political opinion, the more extreme the statements are, the more eyeballs are attracted. We feed partisan hatred and forget that all of us know people on the other side of our political divide who we love and respect. We may disagree about how to ensure the right course for America, but the vast majority of Americans love this country and reject any form of violence.

There is a human trait that is easy to give in to and hard to resist-“When in pain, find someone to blame!” Some on the left have already blamed Trump’s extreme statements on the campaign trail. Others on the right have blamed Biden for a campaign that called Trump a “threat to democracy.” There are those who both praise and blame the Secret Service’s response. There will certainly be time to review what can be learned from this tragic event. But rest assured, no matter what the motivation of Thomas Matthew Crooks to attempt to assassinate Donald Trump, he does not represent any responsible party or freedom-loving, law-abiding American from either party. Yes, political campaigning is a “fight” for our own side, but it should never condone violence of any kind.

How are we, the citizens, to respond? There indeed must be a call to our better angels, a rejection of hateful rhetoric and name-calling, a willingness to dialogue across our divide, and a spiritual commitment to live out God’s love for our neighbors, even our neighbors who vote for the “other guy.” America has survived past assassinations, successful and unsuccessful. It will survive this one. This is a wakeup call for our
country, may we each do our part to turn down the heat and increase the tolerance and respect for political differences.
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Elections

Will You Take Action to Assure GOP Victory on November 5?

Every single person voting Republican needs to decide now, how they will lend support to the cause

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In less than 17 weeks, the GOP will take back the White House, and hopefully the Senate and House, and begin to restore America. Or, we’ll face a gargantuan nightmare that will all but seal the fate of this nation. Do not be fooled by Joe Biden’s defiance of those calling for him to withdraw. Any Democrat challenger will be a danger to us because the DEMOCRATS WILL CHEAT IN UNPRECEDENTED WAYS.

Time is of the essence. While being informed is wonderful, taking action is paramount. What exactly will you do to ensure that we achieve victory? It is no longer sufficient to be a concerned bystander.

No End to the Left’s Destruction

Every day when you log on to news sites, you are flabbergasted by the degree to which the radical Left continues to impose its civilization destroying policies, programs, and activities on the rest of us. There is no end game for the Left, no bottom, and no limits to their mass insanity.

Most recently, we have learned of a professional couple who was greeted at 6 a.m. by armed FBI agents banging on their door to arrest them for having the temerity of stepping into the Capitol on January 6, for 12 minutes, ushered in by Capitol guards. We have witnessed the unending persecution and prosecution of Donald Trump over non-crimes that have been concocted in unison and are part of an overall strategy emanating from the White House.

We have witnessed corrupt district attorneys, corrupt prosecutors, and a corrupt press. Donald Trump is merely the bellwether. All other Republican politicians will be fair game from here on out, and if we lose the election in November, with little or no recourse. One by one, the maniacal Left will quash dissent in ways that perhaps we currently cannot imagine.

The Left is Maniacal

The logical outcome to having the Left predominate in all areas of society is a totalitarian regime. Don’t discount this scenario. As Leftists ultimately do everywhere, they demand compliance. Thought control is their desired form of servitude. For those who do not comply, execution is not out of the question. Like radical Islam, we’re dealing with a malevolent genie that has escaped bottle, has no intention of ever subsiding, and wants everyone to either totally capitulate, or be imprisoned, deported, or terminated.

There will be no effective way to dismantle the maniacal leftist machine if Joe Biden is re-elected, he continues to be the puppet of Obama and far Leftists, and the border continues to be flooded with illegals — until Democrats have congressional representation that steadfastly insures a permanent majority. At that juncture, they will pack the Supreme Court. They will end the Electoral College. They will ramp up gender dysphoria opportunities wherever they might lie.

They will continue to show poor judgment and ridiculous weakness on the world stage. They will kowtow to China on a wide spectrum of issues. They will embolden our enemies to the point where such enemies are ready to pick apart America. This is not hyperbole and is all too likely.

Nothing here is beyond the bounds of possibility and with each passing week becomes more likely for the distant if not foreseeable future. In a sentence, we simply must win in November. No alternative will suffice.

All of Us

All of which leads to the point that every single person voting Republican needs to decide now, how they will lend support to the cause. In what ways will you participate? How will you volunteer, where, when and for what duration? Will you donate money? Who will you influence to vote GOP?

How will you support your candidates locally, regionally, and nationally? How are you going to impact others? It would not be sufficient to say, “I was busy,” or “I felt we had an overwhelming majority.” This approach is gambling with the future of our nation, the future of our communities, and the future of our families.

If we are to win by an overwhelming majority, let us each assure one another that we did everything we could to make sure that that is the result. To do less is to simply take a child-like approach to what is perhaps the most eventful year since 1776, 1812, 1861, 1941, 1968, and 2001. There will be no palatable tomorrow if we lose in November.

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