There have been several post-election developments in the last few days.
First, the Trump campaign has filed a Petition for A Writ of Certiorari, and related Motion for expedited consideration, with the U.S.Supreme Court. The Petition asks SCOTUS to overturn Pennsylvania Supreme Court decisions regarding election procedure. The case can’t change the outcome of the election, because even without PA, Biden still would have sufficient electoral college votes to win. It’s hard to say what SCOTUS will do because many of the procedural problems of prior suits are absent, but it’s also coming up on the January 6 congressional acceptance of the electors. I don’t know why this wasn’t brought weeks ago.
Second, the Trump campaign and some Republicans plan to contest electors from contested swing states in Congress on January 6. That appears to be the endgame. But as explained before, that has zero chance of success in the House, because state-certified electors are accepted unless a challenge is sustained, and the Democrat-controlled House is not going to uphold a challenge to Biden electors. A lot of people are arguing that being seen to keep fighting is most important, even if a congressional challenge has no chance of succeeding. I’m all in favor of fighting, including against the congressional Republicans ready to play footsie with Biden. But it’s important to fight smart. By the time of Trump’s inauguration, #TheResistance already was highly organized, stretching to the top of the FBI, with all the lawyers and protesters and rioters and ‘community’ organizing groups lined up and ready to go. They hit the ground running ready to kill the Trump presidency in the crib, so to speak. We won’t be in that position as to the Biden presidency at this pace.
Third, and the main point of this post, is that Sidney Powell may get her day in court as to her allegations against Dominion and Smartmatic. As you recall, she has advanced a theory of foreign and possible U.S. intelligence service manipulation of those voting and software systems to rig the election. She’s never offered any proof of that, and the mere possibility that it might have happened or could happen is not proof it did happen. We’ve emphasized that problem since the start.
The “Kraken” as it was called served as an unprovable distraction from other more specific claims of fraud. Now Smartmatic and Dominion are demanding retractions not only from Powell but also from conservative media who allegedly advance similar claims. Reportedly some of the networks are running segments disavowing the accusations, such as this at Newsmax.
Lin Wood, the second half of the Kraken team, is representing Powell and daring the firms to file suit:
I’ve said many times that if she had a normal litigation schedule and discovery opportunity, maybe Powell could prove her Kraken case, but that the electoral timetable didn’t allow years of litigation. Powell now may get her chance to try to prove her case, as a defendant in civil lawsuits.
Fourth, there are reports (which must be taken with the usual grains of salt) that Powell has been meeting with Trump at the White House jawboning him to declear martial law to seize voting machines. Trump denies it.
But it’s of interest that Rudy Guiliani again is distancing Trump and the legal team from Powell.
That’s where we seem to be less than a month from the inauguration, and just over two weeks away from the Joint Session of Congress to confirm the electoral college vote.
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