Light at the End of the Tunnel: Host Leahy Outlines the Significance of Texas Lawsuit Claiming Constitutional Violations


Live from Music Row Tuesday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. –  host Michael Patrick Leahy breaks down the Texas lawsuit filed Monday at midnight against the states of Michigan, Pennsylvania, Georgia and Wisconsin claiming voter fraud in the obtainment of Joe Biden’s electoral college votes.

Michael Patrick Leahy: 

It is Tuesday, December 8, 2020. This is the so-called safe harbor day that under federal statutes states that are uncontested are to appoint the presidential electors. But wait! There’s a curveball. And there are actually a couple of curveballs here. We’re going to talk about the second curveball with the guy who’s throwing that curveball. Representative Mo Brooks from Huntsville, Alabama.

He’s a member of the House of Representatives and has said that he will challenge the results of the electors selected in key states including Georgia, Michigan, Pennsylvania, and Wisconsin. I think he’s always going to challenge Arizona when a joint session of Congress meets on January third or fourth in Washington D.C. to choose to accept the votes of the electors that have been cast. That’s our second curveball.

As you wake up this morning and you’re thinking oh, all is lost because the electors will be named today. Actually, there is some light at the end of the tunnel in it. And I don’t think all is lost here. And I’ll explain why here in just a second. Also a note of our friends at the Amistad Project at the Thomas More Society, Phill Kline in particular. On Friday he put out a white paper that said, you know this safe harbor day of appointing electors of December eighth and then with all the convening of the electors on December 14, that’s a federal statute.

But it’s not constitutional. The only constitutional thing is that the president will be inaugurated on January 20. Now here’s the first curveball and it happened late last night. I love this story. And if you are somebody who believes as I do is based on evidence that the Democrats stole this election in five or six states by cheating particularly through absentee ballots and by stuffing ballots and all sorts of chicanery, you are going to love this story. It’s from Breitbart.

It’s by my friend at Breitbart and colleague Joel Pollak. Joel, by the way, is a Harvard Law School graduate, and one of the best students according to Alan Dershowitz that he ever had. Here’s the story. Headline. The State of Texas Sue’s Georgia, Michigan, Pennsylvania, and Wisconsin at the Supreme Court Over Election Rules. You’re going to love this. So let’s get back to what this does for the outcome of the presidential election or what this could do rather.

Now the way the Constitution reads, especially after the 12th Amendment, the president of the United States is determined by the first step in the process which is to make sure that you’ve got a majority of Electoral College votes. Every state has two votes. Two Electoral College votes for the members of the Senate and one for every member of the House of Representatives. So here in Tennessee, we have two United States senators. We have nine members of the House.

We have 11 Electoral College votes out of 538. And the way you get to 538 is there are 435 members of the House, 100 members of the United States Senate, and then three from the District of Columbia. That equals 538. You need 270 to win. Well, according to the mainstream media, Joe Biden has won 306 Electoral College votes. Donald Trump has won 232. But wait! But wait! Fraud. Vote fraud is going on in Michigan, Georgia, Pennsylvania, and Wisconsin.

That’s what this lawsuit from the state of Texas is about. 16 Electoral College votes in Georgia, where the certified margin by the shall we say incompetent at best and perhaps complicit Secretary of State and Governor down there. Both Republicans are only less than 12,000 votes out of five million cast, Michigan, 16 Electoral College votes. Pennsylvania, 20 Electoral College votes. Wisconsin, 10 Electoral College votes.

Among them, they have 62 Electoral College votes. If you take the 306 that Biden currently has according to mainstream media and you subtract those 62 you are down four. That’s less than 270. He can’t get there if Congress does not accept, Georgia, Michigan, Pennsylvania, and Wisconsin. This lawsuit by Texas and we’ll talk about it right when we get back explains in great detail why the Supreme Court should reject those Electoral College votes in Georgia, Michigan, Pennsylvania, and Wisconsin.

(Joe Biden clip plays)

We have put together I think the most extensive and inclusive voter fraud organization in the history of American politics.

And there’s Joe Biden admitting it. He admitted it. And that’s why this lawsuit filed last night by the state of Texas with the Supreme Court directly, which they can do is perhaps the most important suit out there right now. I’m going to read this to you. But this is very encouraging to those of us who believe that this election is in the process of being stolen by crooked Democrats all around the United States. So here’s the story by Joel Pollak at Breitbart.

My colleague at Breitbart and Harvard Law School graduate. One of the best students Alan Dershowitz ever had he’s told me. Here it goes. The state of Texas filed the lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution. Texas argues that these states violated the electors clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, not through the state legislatures.

Additionally, Texas argues that there were differences in voting rules and procedures in different counties and within counties of those states violating the Constitution’s equal protection clause. And finally, Texas argues that there were ‘voting irregularities’ in these states as a result of all those things just cited. Well, here’s what Texas is asking the Supreme Court. They are asking the court to order the states to allow their legislators to appoint their electors.

Here’s what the lawsuit says. This is extremely compelling and this is consistent with everything that you see out there that’s been honestly reported particularly in Breitbart and also here in the Tennessee Star and in our new publication The Georgia Star News. I’ll get to that in a bit. Here’s what the lawsuit filed by the state of Texas says. Certain officials in the defendant states would be Georgia, Michigan, Pennsylvania, and Wisconsin and they collectively have 62 Electoral College votes.

You take those away from the 306 that the mainstream media says Biden has. Your down to 244. He’s below 270. And that means the election would have to be determined in the House of Representatives according to the Constitution. There each state gets one vote. I think that the breakdown of state delegations is 27 or 28 and the state delegations have more Republicans than Democrats.

And so that would mean that this lawsuit then would leave it up to the state legislatures to pick electors and in Georgia, Michigan, Pennsylvania, and Wisconsin where Republicans control the state legislators. Now, they might choose to pick a full slate. Or they could send both slates up to the House of Representatives. In which case it would be up to Congress to determine. Let me continue with this. Here’s what the lawsuit says. This is very compelling.

Certain officials in the defendant states presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting. Let me just stop. That’s absolutely true. We’ve been documenting that in Georgia particularly at The Georgia Star News. That statement is absolutely what’s happened in Georgia. I’ve done extensive reporting on that both at Breitbart and then in our report at The Georgia Star News.

Let me continue with the lawsuit. The defendant state flooded their citizenry with tens of millions of ballot applications and ballots in derogation. Do you like that word derogation? In opposition to statutory controls as to how they are lawfully received, evaluated, and counted. Well-intentioned or not these unconstitutional acts have the same uniform effect. They made the 2020 election less secure in the defendant states.

Those changes are inconsistent with relevant state laws and were made by non-legislative entities without any consent by the state legislatures. The act of these officials thus directly violated the Constitution. That is perhaps the most significant paragraph in the lawsuit that I’ve seen in decades actually. And the Supreme Court may take this up. They should take this up actually. Let me continue with the conclusion on this from Texas.

This case presents a question of law. Did the defendant states violate the electors clause by taking non-legislative actions to change the election rules that would govern the appointment of presidential electors? These non-legislative changes to the defendant states election laws facilitated the casting and counting of ballots in violation of state law which in turn violated the electors clause of Article Two Section One Clause Two of these of the U.S. Constitution.

By these unlawful acts, the defendant states have not only tainted the integrity of their own citizens’ votes but their actions have also debased the voters of citizens in the plaintiff state. That would be Texas and other states! Hang on to that. And other states that remain loyal to the Constitution. Joel Pollak concludes this article. It’s very important. You’ve got to read this. It’s the lead story at Breitbart.

So if you are waking up on safe harbor day and you’re discouraged, read this story and you’ll see there is light at the end of the tunnel. Pollak concludes Texas approached the Supreme Court directly because Article Three provides that it is the court of the first impression on subjects where its original jurisdiction such as disputes between two or more states. Now are our listener John who is a political genius in my opinion points out something very important.

Look at the last element of this lawsuit. Their actions, that is the actions of the state of Georgia, Michigan, Pennsylvania, and Wisconsin have debased the votes of citizens in the plaintiff state of Texas and other states that remain loyal to the U.S. Constitution. Tennessee my friends is one of those states. Tennessee is one of those states. So my suggestion to you listeners right now is to call your local state representative and your local state senator.

Call the governor’s office. Call Attorney General Slattery’s office and say look our state should join, Texas. Tennessee should join Texas in this lawsuit today! Join it so that the Supreme Court will have an understanding that a majority of Americans here are opposed to the usurpations of election law that have taken place in Georgia, Michigan, Pennsylvania, and Wisconsin.

I think this is a fantastic lawsuit and one that increases the possibility limited as it may that come January 20th, 2021 Joe Biden is not inaugurated and Donald Trump could be re-inaugurated. I know it’s a bit of a long shot, but it’s actually not as much of a long shot as you might think. Kris Kobach who is the former secretary of state of Kansas has a story also at Breitbart. Texas Case Challenges Election Directly at Supreme Court. Here’s what he says.

On Monday just before midnight, the state of Texas filed a lawsuit that is far more important than all the others surrounding the presidential election of November third. Let me emphasize that. Far more important than all of the other lawsuits surrounding the presidential election of November 3. Texas brought a suit against four states that did something they cannot do.

They violated the U.S. Constitution in their conduct of the presidential election. We’re talking about you Georgia. We’re talking about you, Michigan, Pennsylvania, and Wisconsin. So the Texas suit is clear and presents a compelling case. The four offending states each violated the U.S. Constitution. So I mean he goes down in great detail about this.

The lawsuit asks the Supreme Court to remand the appointment of electors in the four states back to the state legislatures as the Supreme Court said in 1892 in the case of McPherson versus Blacker “whatever provisions may be made by statute or by the state constitution to choose lectures by the people there’s no doubt of the right of the legislature to resume power at any time”‘ Folks, there is hope for the good guys.

Listen to the full second hour here:

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Tune in weekdays from 5:00 – 8:00 a.m. to the Tennessee Star Report with Michael Patrick Leahy on Talk Radio 98.3 FM WLAC 1510. Listen online at iHeart Radio.
Photo “People Voting” by Phil Roeder. CC BY 2.0.








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