Source: rawstory.com

Trump Campaign, RNC File Lawsuit In Battleground State To Stop Counting Ballots Past Election Day

  •   Trump’s campaign and the Republican National Committee (RNC) filed a lawsuit on Friday against the Nevada Secretary of State for allowing mail-in ballots to be counted after election day.
  • Nevada currently permits such ballots to be counted that are received up to four days after the election, according to the text of 2021 state legislation. The Trump campaign and the RNC, along with the Nevada Republican Party, announced its challenge to the ballot counting deadline in a press release, arguing it “undermines the integrity of our elections and unlawfully extends the election past the federal Election Day mandated by Congress.”
  • “Nevada’s ballot receipt deadline clearly violates federal law and undermines election integrity in the state,” RNC Chairman Michael Whatley said in a statement. “Ballots received days after Election Day should not be counted — the RNC and our partners are suing to secure an honest election, support Nevada voters, and oppose unlawful schemes

source: rnc.com

Trump will push the states to do the right thing

Donald Trump Is in No Danger of Violating the Posse Comitatus Act
  • Sir, the Posse Comitatus Act says that you can’t deploy the U.S. military against civilians. Would you override that?
  • Trump: Well, these aren’t civilians. These are people that aren’t legally in our country. This is an invasion of our country. An invasion like probably no country has ever seen before. They’re coming in by the millions. I believe we have 15 million now. And I think you’ll have 20 million by the time this ends. And that’s bigger than almost every state. 

We also believe that the Posse Comitatus Act does not conflict with or restrict (the inherent presidential powers to secure the border) and the PCA has, in fact, never barred the use of the military to secure the U.S. border…

  • But let’s start with the statute. 18 U.S. Code § 1385 – Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus states:
  • Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.
  • As can be seen, the PCA has five elements. To violate the PCA, someone must: (1) willfully (2) use the Army, the Navy, the Marine Corps, the Air Force, or the Space Force (3) as a posse comitatus or otherwise (4) to execute the laws (5) in a way that is not expressly authorized by the Constitution or an act of Congress.  

 if Donald Trump uses the military to execute the law, for him to be violating the law, all five elements must be proven for him to be tossed in jail (which I am sure TIME Magazine will be pushing for). He must have done so willfully, which is not always easy to show.  He also must be using the military as a “posse comitatus or otherwise.”  Now, we know what “posse comitatus” means – a “posse” is what the sheriff rounds up to catch the criminal – and the “comitatus” simply means that the sheriff had the right to call for assistance from all men in the county over 15 years old, including all military forces.   The “otherwise” portion of this element is not easy to define – it may “suggest a desire by Congress to seal off attempts at circumvention via the expedient of simply using the military to enforce the law without formally labeling such a use the mustering of the posse comitatus.”  And finally, neither exception in the PCA must be available for Trump; and, without a doubt, one clearly is – the Constitution clearly expressly authorizes the president to secure the border (see above).  

Source: redstate.com

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May 03, 2020 4:52:14 PM EDT
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