What Now - Part 2: Solution to Fraud? Pact of Secession

Earlier in the week I asked the question:  What if Proof of 2020 Presidential Election Fraud Develops? In it I mentioned a number of remedies that have been widely talked about from impeachment to a Pentagon coup to rioting in the streets.

None of those is an ideal solution. Indeed, the first wouldn’t correct the problem, the second would turn the United States into a third world banana republic and the last would bring about a modern version of the bloody chaos that characterized post revolutionary France.  

No, an ideal solution would reverse the inauguration of Joe Biden and inaugurate Donald Trump as the rightful president and do so while maintaining our Constitutional Republic.

As such, there is another option that could theoretically do that, and thanks to TV shows from Perry Mason to Law & Order it’s based on concepts most Americans are familiar with: “fraud vitiates everything” and “fruit of the poison tree”.  The former, based on the Supreme Court ruling UNITED STATES v. THROCKMORTON (98 US 61 – Supreme Court 1878); states that “There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents, and even judgments.” That essentially means that in contracts – and an election is nothing if not a contract – fraud makes them invalid. Everyone knows if you sign a contract based on fraudulent information, that contract is invalid.  Further, from that comes “void ab initio” which means that fraud from the beginning taints everything resulting from it.  No doubt most of us have heard a TV lawyer seeking to throw out evidence against their client because the search itself or the information upon which the warrant was based, was fraudulent.  It’s called the doctrine of “Fruit of a poison tree” from NARDONE V. UNITED STATES, (308 U.S. 338 – Supreme Court 1939) which states that if a tree is poisonous, so too is its fruit. (H/T to Andrea Widburg, Donna Palen and Al Simon)

All of this means that once the fraud is demonstrated, the election is invalid; Joe Biden is legally not president and every action of the Biden administration has undertaken is void as if it never happened.  That of course has never been done in a presidential election but it’s occurred a handful of times in lower elections.  The fly in the ointment of course is that all of this it requires a court, and eventually the Supreme Court to rule that the election was indeed fraudulent.  Given the Supreme Court’s general (but very selective) reluctance to wade into political areas – particularly highly volatile ones – and this particular Court’s demonstrated cowardice, it’s unlikely that they would even consider the matter.

Which I think, leaves us with this:  If the Constitution provides no specific remedy to the bastardization of the Constitution itself, something new must be done.  As the Founding Fathers did in 1776, it may be necessary to rewrite the playbook. And that rewritten playbook, while not a new Declaration of Independence, is a tentative Pact of Secession. This pact would be among the states whose rightful votes should have gone to Donald Trump. These states should make it clear that the rights of their citizens to a Constitutional federal government have been infringed upon and if Congress does not remedy the situation they will, in unison, secede.

This Pact would not literally be secession… it would be the announcement of a proposed action that Congress would have the opportunity to avoid by rectifying the demonstrated Constitutional deficits of the 2020 election.  The reality is there is no blueprint for rectifying those deficits, but that is because Congress, the states and the Supreme Court allowed an unconstitutional inauguration to occur in the first place.  Nonetheless, the theft of the highest office in the land simply cannot stand.  As New York, California and a variety of blue states are seeing play out in their streets today, if you allow thieves to steal with impunity, if you allow thugs to harass and assault with impunity, you get more of each. The same holds true with the fraud of an election and the usurping of the apparatus of government and the coercive powers that come with it. If this theft is allowed to stand then no American can go forward with confidence in the nation’s elections and the system based on them.  Once again, the Constitution is nothing more than a piece of paper. It is the citizens’ loyalty to that Constitution and the system built upon it that make it work. The proof of that can be seen in the fact that the old Soviet Union, Cuba, China and most other dictatorships regularly have constitutions that promise freedoms and rights to their citizens that are rarely actually respected. Words on a paper mean nothing if the government is not bound by them and the citizens have no confidence in them. 

This is, as the British might say, a bloody mess. Indeed the last time secession played a pivotal role in American history that’s exactly what we got.  This however does not have to be that. Spurred by a Pact of Secession, Congress will have an opportunity, in concert with the states themselves, to address the demonstrated fraud and rectify the deficit of the election of 2020 in a cool, logical and peaceful manner.  But they need to understand that once the fire from the smoke of November 4th is demonstrated, the American people will not sit idly by and watch their Constitution shredded.  Too many have paid too high a price so that Americans could live under the umbrella of liberty it provides to allow such a transgression to prevail.