It's not over. Not by a long shot.
Even though the Electors will vote to elect Joe Biden the President today, the fat lady can't sing until January 6, 2021, when the Electoral College votes are read into the official record during a joint session of Congress.
And, we have the power to change everything before then.
The State Legislatures hold the key, at least according to the U.S. Constitution, in Article II, Section 1, Clause 3: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors...” (See bottom of this article for even more precedent in two Supreme Court rulings).
In this is our (temporal) salvation. All we must do is persuade a majority of Legislators in the Republican Legislatures in most of the Six Swing States to withdraw their certification of their Electors, or, preferably, to switch certification of their Electors to Trump Electors.
The best outcome would be an outright Trump win of 270 votes or higher. If this doesn't happen, if neither Trump nor Biden reaches 270, the election is thrown to the U.S. House.
Which is good news. Because such a vote is a special vote, as part of what is called a “Contingent Election;” each State Delegation gets only one vote. Since Republicans control more Delegations than the Democrats, Trump Wins.
So, this is what YOU CAN DO RIGHT NOW:
Spank the Legislatures, vigorously, by following these 3 steps:
Step 1: Overwhelm the majority Republican State Legislators
Overwhelm the majority Republican State Legislators in the Six Swing States with phone calls and emails – every single day between now and January
6, 2021.
Ex. Reach out to your networks and inspire them to go on-line for the email addresses and phone numbers of the Swing State Legislators – and send all of them an email every day; many of you know how to automate this so after the first day all you have to do is press one button a day.
Step 2: Declare to them, over and over and over, the following:
As State Legislators they need to immediately understand that Article II, Section 1, Clause 3 of the U.S. Constitution gives them the explicit and plenary power (not the Governor or any other government entity) to control their Electors – at least until January 6, 2021.
They need to immediately pay attention to the mountain of evidence already developed. Ex. They can start by watching their own State's Hearings (with Rudy, Jenna, et al; I would recommend the Hearings in this order: Arizona, then Georgia, then Wisconsin).
They need to act – immediately – to decertify their current Electors (thus withholding their State's Electoral votes from the final count), OR, change their certification to President Trump.
Step 3: Carry on in the spirit of Winston Churchill's message to the people of wartime Britain
Step 3: Carry on in the spirit of Winston Churchill's message to the people of wartime Britain: “This is the lesson: Never give in, never give in, never, never, never, never...”
We will prevail.
Addendum: Keep in mind the example of John Paul Jones, father of the United States Navy. You probably recall his famous words, spoken in reply to a British Admiral's demand for his surrender in the midst of a desperate battle off the northern coast of England:
“I have not yet begun to fight.”
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What you didn't know is that at the time he was standing on the deck of a burning, sinking ship. He won.
More precedent supporting the Constitution's Article II, Section 1, Clause 3:
The Supreme Court later affirmed and clarified (Article II) in McPherson v. Blacker, 146 U.S. 1 (1892), giving state legislatures plenary power over how they appoint their electors.
More recently, in Bush v Gore (2000), the Supreme Court again affirmed as well. Significantly, though, Justice Rehnquist, also concurring, further admonished that, “in a Presidential election the clearly expressed intent of the (State) Legislature must prevail.” He added, “the power can be recovered if the existence of fraud can be proven and/or if the legislatures' election statutes have been violated or circumvented, rendering the election illegal.”
