“I think the answer is that the court challenges are pretty well done,” said John Fortier, an election law expert at the Bipartisan Policy Center in Washington.
12/19/2020 / By Franz Walker
A new petition on the official White House website is asking that the administration declare that an insurrection exists, calling for the establishment of a military tribunal to take over the country.
The petition calls for the White House to invoke the Insurrection Act of 1807 which empowers the President of the United States to deploy the military and federalized National Guard troops within the U.S. in particular circumstances to suppress civil disorder, insurrection and rebellion.
“It is evident to all objective observers that our election system has been irredeemably corrupted …,” states the petition.
The petition comes after the Supreme Court rejected a Texas lawsuit that sought to throw out the results of the Nov. 3 election in four states: Georgia, Michigan, Pennsylvania and Wisconsin.
The suit was filed by Texas Attorney General Ken Paxton and had been joined by 17 other states that voted for President Donald Trump. It relied on a statistical analysis that claimed that Joe Biden could not have possibly received 7 million more votes than Trump, and as such, sought to have the election results from those four states decertified.
Trump had called the suit “the big one,” and 126 of the 196 Republicans in the House also called on the court to take it. But justices acted swiftly to turn it down.
“Texas has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections,” the court stated in a brief unsigned opinion.
According to Justices Samuel Alito and Clarence Thomas, the court had no authority to refuse a case filed on its original docket, where one state files to sue another. But the justices said that they would not grant Texas any other relief and expressed no view on any of the issues the lawsuit raised.
In response to the case being thrown out, Trump tweeted that “The Supreme Court really let us down.”
“No Wisdom, No Courage!” he added.
Meanwhile, Texas AG Paxton said that he would continue to stand by the allegations raised by the suit.
“I will continue to tirelessly defend the integrity and security of our elections and hold accountable those who shirk established election law for their own convenience.”
But the odds against similar suits being filed and making it through are even slimmer now that the Electoral College has cast its votes.
“I think the answer is that the court challenges are pretty well done,” said John Fortier, an election law expert at the Bipartisan Policy Center in Washington.
With the legal challenges to the election being rejected by courts around the country, the insurrection act may be seen by the petitioners as a last resort to overturn what they see as a fraudulent election.
The last time the act had been called was in May of 1992 when California requested that then-President George H. W. Bush implement it in the face of the 1992 Los Angeles riots.
The last time the act had been implemented in relation to an election was in 1872. But at that time, then-President Ulysses S. Grant had implemented the act to enforce the result of an election – that of Republican gubernatorial candidate William Pitt Kellogg – after civil unrest broke out in Louisiana.
This isn’t the first time that the Insurrection Act has come up this year. In early Summer, Trump had threatened to use it to take military action in American cities that had been rocked by riots following the death of George Floyd.
More importantly, this year also saw the act amended to expanded the instances in which the president may invoke the law. The new wording allows the President to “employ the armed forces during a natural disaster or terrorist attack.”
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Donald Trump, election, election fraud, insurrection, insurrection act, Joe Biden, national security, President Trump, vote, White House
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