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PA Court Says Election Chief Had No Authority to Change Ballot Deadline

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
November 13, 2020 12:00 pm

PA Court Says Election Chief Had No Authority to Change Ballot Deadline

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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Breaking news.

A Pennsylvania court says the election chief had no authority to change a ballot deadline, and that those ballots that came in late should be tossed. We'll talk about that and more today on Jay Sekulow Live. That's 1-800-684-3110. And now, your host, Jordan Sekulow. Alright, welcome to Jay Sekulow Live. So we have breaking news right out of Pennsylvania, and this is not the Supreme Court case, which, by the way, the stay still stays in effect. That is a stay that was issued by Justice Alito. He's referred it to the full court, and that is the stay on the late incoming ballots. The ballots that came in after election day, and after that time, I think it was 8 p.m. Eastern time in Pennsylvania. Those ballots that were supposed to be segregated, and he said they could be counted, but they should not be included in the ballots. They should not be included in the vote total. And he's issued an order on that. And he asked the various counties and precincts, did you do this?

Did you sort them and put them aside? And most did not. So there's an issue there. This new case out of Pennsylvania does not relate to that. But when you talk about the how all, remember, I keep saying how you've got to build enough cases from enough states where these become outcome determinative. So where the Supreme Court, if they were to look at four cases out of, or six cases out of four states, that if they decided on President Trump's side, that it would change the outcome of the election. So we've got a second case out of Pennsylvania, which involves at least 10,000 votes and potentially many thousands more.

Let me just read it to you. A Pennsylvania judge ruled in favor of the Trump campaign late Thursday ordering that the state may not count ballots where the voters needed to provide proof of ID and failed to do so by November 9th. State law said that voters have until six days after the election, this year that was November 9th, to cure problems regarding a lack of proof of ID. After the Pennsylvania Supreme Court ruled that mail-in ballots could be accepted three days after the election day, the Pennsylvania Secretary of State just submitted guidance on her own that said proof of ID could be provided up until November 12th, which is six days from the ballot acceptance deadline. That guidance was issued only two days before election day. Well, the court in Pennsylvania concluded that the Secretary of State, in her official capacity as Secretary of Commonwealth, lacked the statutory authority to issue, this is quoting the court, the November 1st, 2020 guidance to respondents county's board of elections, insofar as that guidance purported to change the deadline for certain electors to verify proof of ID. This was in line with the Trump campaign's argument, which was that there was no basis in the state's law to extend the identification deadline. The court had previously ordered that all ballots where voters provided proof of identification between November 10th and 12th should be segregated until a ruling was issued. That ruling has been issued and the judge there, Judge Levitt, has said that those ballots shall not be counted.

Those ballots shall not be counted. Folks, we've told you this has to be a buildup. So there you go. That's at least 10,000. It could be more.

We're still trying to figure out the total that will be, but it is no less than 10,000 and it could be significantly more. Then you've got the other big case at the Supreme Court. In Georgia, a filing from True the Vote and an additional filing coming as well that we're going to be talking about on the broadcast today.

But Than, this is what we've been talking about throughout. And there's also, of course, they're looking at the voting machines as well, that case and potential cases there and research into that. We've been talking about how there has to be kind of a groundswell of cases from across the country that have to come together and combined when they make it to the Supreme Court, become outcome-determinative when it comes to the Electoral College. It's the advice you've been giving, Jordan, to stay patient, to let the evidence be gathered, presented, and heard. And then ultimately, at the end of the day, a decision will be made. Jordan, that process is moving forward. I think all Americans should be confident in that. And quite frankly, I would hope that all sides would be glad that that's happening.

Now, I don't expect that would be the case, but Jordan, it's what you've said all along. Stay patient, the evidence is going to be heard, and the right decision is going to be made. This is a matching challenge with the ACLJ. We're involved in all these cases.

We've got a lot of other work going on we're going to talk about as well. Support our work at ACLJ.org. At the American Center for Law and Justice, we're engaged in critical issues at home and abroad. Whether it's defending religious freedom, protecting those who are persecuted for their faith, uncovering corruption in the Washington bureaucracy, and fighting to protect life in the courts and in Congress, the ACLJ would not be able to do any of this without your support.

For that, we are grateful. Now there's an opportunity for you to help in a unique way. For a limited time, you can participate in the ACLJ's matching challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20.

A $50 gift becomes $100. This is a critical time for the ACLJ. The work we do simply would not occur without your generous support.

Take part in our matching challenge today. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, playing parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift. Welcome back to Jay Sekio Live.

This is Jordan Sekio. Let me encourage you again that we have a matching challenge month in November and we are in the midst of many legal battles. One is protecting, of course, your election integrity at the ACLJ. And we do have a role in that.

You know, a lot of people, I don't want to be confused. Yes, my dad and I and some other members at the ACLJ separately, completely separately, we represent the President in his personal capacity, so we are attorneys for the President of the United States. And so we are looking at the cases that way. But when they make it to the Supreme Court, we're also going to be looking as they make it their way to the Supreme Court, the constitutional challenges that the ACLJ would always make, like equal protection of all voters, that your vote is counted the same way as someone else's and that your vote's not being canceled out by an illegal vote. So we're going to be looking at all of that, all the rules being followed. That's what we do at the American Center for Law and Justice, keeping governments, whether it's federal or state or local election officials, keeping them accountable. And we're doing that at the American Center for Law and Justice.

At the same time, at the same time, folks, we have now assisted. 1,380 families have been assigned attorneys, and these attorneys were able to help provide assistance to help all those families during this COVID-19 and education issues. And we were able to do that at no cost to represent so far, and they're still coming in, folks. We had about 2,000 plus come in. Some were handled very quickly.

They wouldn't even be in this count. Others weren't appropriate for the ACLJ. Some people were just upset about, you know, at-home learning, but they didn't need actually additional assistance. For these 1,318 families, 1,380 families stand, we provided, we got schools and districts to provide internet to the home, the tablets they need, the electronic equipment they need, the IEP, the Individual Education Plans, and figured that out, including meeting with tutors and teachers at home or other locations, and as well as special needs students. So if it was an economic situation, a childcare situation, a tech situation, food also, food delivery, we were involved, we have been involved in those assistance, and of course for those students with the Individual Education Plans and special needs that should not be left behind during these COVID school shutdowns. Yeah, Jordan, real solutions for real students with real needs in real time.

I mean, I couldn't be more proud of the work that the ACLJ has done on this. And just a couple of areas that I wanted to particularly highlight. You mentioned the IEP. This is something that I'm very familiar with, Individualized Education Plans. These are students with special needs, Jordan, who the states and localities have a legal obligation to provide specialized education services to those children.

That was not happening in many cases during this pandemic. We were able to rectify that situation for very many students. And again, I've got a personal attachment to that, so I'm very proud of our work in that regard. The other thing, Jordan, I think it was very important for us to lay this marker down. Moving forward into this pandemic, obviously the election is in flux right now.

We don't know exactly what restrictions are going to be in play. But Jordan, I think it was very important to put these localities on notice that they will not be permitted just because of a pandemic, just because maybe some localities are shutting down again, to walk away from obligations that are theirs to provide educational opportunities to students. Look, every situation is going to be a little bit different, and I think that's the role that we've been able to play.

We haven't gone in and said it's one size fit all. In fact, we've said every state is a little bit different, but we're going to advocate on the side of a student who has a right to obtain an education. So that work's going to continue, Jordan, and I will just say this. It's going to continue no matter which way this election goes. We talked in an earlier broadcast about how some of the new restrictions that might come down. Jordan, if that were to take place, this work is going to become even more important as we roll forward. Absolutely.

1-800-684-3110. Marianne on Facebook wrote in, did Pennsylvania separate the ballots that came in late after the Secretary of State's decision, or is it just a muddled mess now? We're going to be determining that now. She was ordered to do that earlier, and then they were able to count but not include them in the official count. And what this court is saying is that all of those ballots, and they should be able to figure that out.

They should. If they muddled it, they're in real legal mess. And we'll be back before the U.S. Supreme Court about tossing even potentially more ballots. But if they didn't do that separation, Marianne, then they've got a real problem in Pennsylvania, and that's when you start looking.

I don't want to get too deep into it. That's when you start looking at whether or not the actual vote, Thanh, could even be considered legitimate, and should it go to the legislature. Well, the state officials, Jordan, have a legal obligation to do the requirements under state law, and this segregation is required under state law. If it didn't happen, it's going to be very difficult to determine whether or not they were able to meet their obligation. And Jordan, I know I've said this several times, but this is why I was so concerned on election night when we saw so many of the tabulation stop and cease, because it just created room and margin for doubt and for questionable activities to occur. If this segregation was happening, Jordan, all of the other vote should have been continued to be tabulated so that we knew in a very short order of time what the outcome was, and there wasn't a question about whether or not anything was being tampered with. But you're right, Jordan, you've got to see if there was an error made, if they did not file state law, is it an error that could be corrected? And if all of those ballots have been mixed up, I think it is a very open question whether or not an error of that magnitude could be corrected. Now, again, and you've preached this consistently throughout this process, Jordan, that doesn't necessarily address the question of whether or not there are enough of these issues to be outcome-determinative, but I've got to tell you, the state where it would make the biggest impact towards being outcome-determinative, that's without a doubt Pennsylvania.

I want to go back to the phones, 1-800-684-3110. By the way, legal challenges have been filed by True the Vote in Georgia, and we heard from our good friend, great attorney Jim Bopp, that additional legal challenges may be filed in Georgia. That would be the first real legal challenges since right during election day where they were trying to get some of the votes stopped.

That did not work, but this would be since election day in Georgia. So you've got some litigation there, and then Jim Bopp, who will bring in, I'm sure, an excellent argument, into Georgia, and he let us know about that, so that is coming. We're going to talk about that more in the second half hour. So continue to share this broadcast with your friends and family, and you understand the coordination that we're doing, taking all these cases together, and then as they make their way to the U.S. Supreme Court, that's kind of our task, whether it's the task of the ACLJ protecting your constitutional rights, or in our private capacities protecting the President's and President Trump's rights as a candidate for President of the United States. And this is a key time. It's a great month to support the work of the ACLJ.

November is a matching challenge month. Think about all the work we have been doing legally. Think about what we've been providing you through programs like Bald Beagle on George Washington, on the Electoral College. Again, that's all available, too, and that's still going to be coming.

There's more coming with Bald Beagle. It's just starting for kids at kids programming. So explaining that, explaining why we have the Electoral College, and I think that was so key, because so many people need to understand that. And then, of course, we've got a brief filed. This is going before the Supreme Court of the United States.

I've got it in my hands right now. And this is out of Tennessee, actually. It's a MECUS brief in support of the petitioners. And this is a Tennessee pro-life case. During the COVID restrictions, when they said, well, no more medical procedures that aren't necessary, and they defined what was and wasn't necessary, Tennessee said that most abortions would not be necessary.

Not all. There's some that are, I guess, medically necessary. Very small percent where you have to choose between the life of the mother or the child.

That should be up to the parents. But that was challenged, of course, by Planned Parenthood, and now that's being appealed to the Supreme Court. Here it is, the ACLJ right here, as you can see. Holding in my hands this brief filed because we're asking the court to hear this case. So we are still battling on the pro-life issues at the state level all the way to the Supreme Court. We're still battling. Then we filed comments with the U.S. Department of Defense as well on protecting life and global health assistance. Tell people about that. Yeah, that comment's in my hands right now being filed out of this office.

Great work done by Olivia Summers here in this building. I know you're filing those later today, Jordan. But essentially the Trump administration expanded what our listeners probably know as the Mexico City policy. That's the policy that says U.S. taxpayer dollars will not be given to foreign nongovernmental organizations for the use of performing or promoting abortion as a method of family planning. The Trump administration, Jordan, dramatically expanded that. They expanded it to include not only grantees and sub-grantees, but also contracts that were awarded by grantees of U.S. taxpayer dollars. So it took the application of that Mexico City policy from covering $575 million of funding to covering $8.8 billion of U.S. funding. The rule that we're filing on today, Jordan, is sort of one of the final phases of implementation.

It implements it at the Department of Defense, at NASA, and at the General Services Administration. So great work right up to the end of this term, Jordan. And of course, you know, if there is a change, this might be something that we would have to fight to defend. But either way, right up to the end, kudos to the Trump administration for making these rules, and we're going to do everything we can to support them.

They're certainly justified, Jordan, under U.S. law. The President's planning more executive orders as well as we speak. We come back, our special advisor Rick Rinnell will be joining us, talking to you about the important work of the ACLJ as well. And of course, an election update from him. Support our work, a matching challenge, you double the impact of your donation.

You see all the work we just went through in just a matter of a minute. ACLJ.org, donate today. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, Planned Parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift. At the American Center for Law and Justice, we're engaged in critical issues at home and abroad. Whether it's defending religious freedom, protecting those who are persecuted for their faith, uncovering corruption in the Washington bureaucracy, and fighting to protect life in the courts and in Congress, the ACLJ would not be able to do any of this without your support.

For that, we are grateful. Now there's an opportunity for you to help in a unique way. For a limited time, you can participate in the ACLJ's Matching Challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20.

A $50 gift becomes $100. This is a critical time for the ACLJ. The work we do simply would not occur without your generous support. Take part in our Matching Challenge today. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family.

Give a gift today online at ACLJ.org. Welcome back to Jay Sekio Live. I want to also welcome – I know most of you listen by radio or Sirius XM, and we're on over 1,000 radio stations, so you don't see us while you're watching the broadcast. But, you know, we put it out on all of our social media at the Jay Sekio Facebook page. It gets the most viewers right now. But we also were on Periscope on Twitter, Periscope on Parler, and we're expanding that out.

And it's also – it's always been on YouTube through ACLJ.org, but we've opened it up on YouTube. And right now, there are – let's see, how many people? 3,700 people.

Just since we opened this up on YouTube, and we have not promoted it, 3,700 people are watching on YouTube. I want to welcome all of them to Jay Sekio Live and our live video broadcast of the program. And I want to thank especially old Mr. Young Dude for making that donation. He wants to help the litigation. Thank you so much. Rachel on YouTube, keep fighting for the integrity of the election.

Angeline, also a super chatter, said keep fighting. Those are all folks who made donations, and we're going to try and read those out as best we can, that we're getting a lot of people watching on YouTube. That's at the official ACLJ YouTube page.

Now, I want to go right to Rick Renell, because, Rick, we're really busy at the ACLJ. First, I want an update from you on the election. Look, I think the legal challenges are exactly the strategy at this point. And what is missing, I think, from the media narrative is that there is nothing more democratic than having a system that allows legal challenges. And so the idea that we shouldn't be able to follow legal paths because it's undemocratic is exactly the opposite. In free countries that have a democratic process, there is a very specific legal process.

I say follow the legal process, and that's exactly what we're doing. Nothing screams more democratic and celebrates democracy than following the rule of law and having at your disposal the courts to find legal challenges with a thoughtful presentation that's unemotional and nonpolitical. And so people on the left who are screaming that we're undermining democracy should really take a step back and read more about what a democracy is all about and what the rule of law is all about. I spent 11 years at the State Department, Jordan, and I have to say that when we talk about the rule of law and we try to push others, we always say follow the Constitution, follow the rule of law. Now, that's different than the norms of Washington, D.C., which is what the media and the left always try to say is that this isn't normal for Washington, D.C. Well, let me just say this. Nothing is normal in Washington, D.C. They don't like transparency.

They think American people are dumb. We need a system that is much more transparent and much more willing to follow the rule of law to the end, and that's what we're doing. And let me add, I can't ask people enough to support ACLJ because what you all, what we are doing, and I'm proud to say that I'm part of the family now.

That's right. What I'm proud of is that you all jump in immediately to help. And a lot of times we don't have the resources to do that and people get overworked. We could do so much more if we were able to hire and do it more officially. I love the fight that everybody has at ACLJ. I love the willingness to volunteer and jump in on every legal fight, but we need to formalize it more so that we can do more, and that's what we're asking our friends and our partners on YouTube and Facebook and any Christian radio station that's listening. I just want to personally say that what we're doing at ACLJ is amazing work. It is some of the hardest work because it's detailed and you're down in the bowels of fighting legally and creating briefs, but this is the rule of law.

This is how we challenge, and a lot has been done to advance our system and protect people's rights by appealing to the courts. Yeah, and right now, Rick, we have a matching challenge at the ACLJ, and I appreciate you saying all that. I know you've been with us now for a couple of months.

It's been a wild couple of months to say the least. But one thing, and we've had some time with you to be able to really talk about national security, and your work as the acting director of national intelligence as a cabinet member, and we'll see how the election results ultimately turn out. We may have more time to talk about that with you as a member of the team, depending on how these cases turn out. But we have a matching challenge right now, and at ACLJ.org, if you do what Rick said and you donate, whether it's $5 right now at ACLJ.org, that's effectively $10 for us. We have a group of donors that say we will match every single donation that comes through in the month of November.

So it's not one of those crazy 900-times-matched texts that you're getting. It's we have a group of donors that say this month we will match every donation that comes in. So if you donate $5, that's really like $10. If you donate $20, that's like $40.

$50 is like $100. And there's not a limit to that. The timing is what's important, the month of November. And we're in the midst of more battles than we usually would be in this time of the year.

I mean, we talked about the legal issues, of course, involving the election. Right now we're representing 1,380 families because of all of the school shutdowns. We do that at absolutely no cost. We've been able to get them assistance from technology to the food to Internet being installed in their home, all at no cost. These people all asked the school for help.

They got no answer. ACLJ got involved. They got letters from a law firm, and suddenly they were all being assisted. That is ongoing as we speak at ACLJ.org forward slash help. We're involved in a pro-life case up at the U.S. Supreme Court right now.

We've filed comments on life with the Department of Defense. We are still working very aggressively on Capitol Hill as well. Rick, finally, though, just to kind of get your impact so people kind of know, we saw the case, a second case out of the Pennsylvania courts now tossing aside another group of ballots.

We think it's around 10,000, but it could be more. It's another case at the U.S. Supreme Court which could affect, you know, 20,000, 30,000 ballots. I mean, this is the way this will have to work legally as these states build cases up to the U.S. Supreme Court. Yeah, and let me talk a little bit about Nevada because we have a big problem in Nevada where a machine that is designed to check signatures, to verify signatures, to make sure that the person who turned in an anonymous ballot is actually somebody who's alive and a resident, a legal resident of Nevada and able to vote. That machine has proven to be, and this is not just political people saying it, these are experts and the Clark County officials themselves.

That machine has been lowered in terms of the factory recommended settings to match because they're trying to push through ballots as fast as they can. And so really the fact is 200,000 ballots have gone through this machine in a very suspicious way that we believe need to be hand-counted. That's a case that we are fighting right now, and I know ACLJ has given us great advice on that, and we appreciate all of their work. Let me just finish by saying it's amazing that we're fighting for people who can't go to school and are fighting against their public schools. If we had more money, we could do even more than the 1,300 people, and I just hope people understand that this legal fight is worth it, necessary, and please be a part of it.

Folks, I thank Rick for that and for being with us and for being part of our team. It's great to have a former cabinet member and an ambassador to Germany on our team and again asking for your support. Double the impact your donation, folks, the month of November at ACLJ.org.

At the American Center for Law and Justice, we're engaged in critical issues at home and abroad. For a limited time, you can participate in the ACLJ's Matching Challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20.

A $50 gift becomes $100. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. Live from Washington, D.C., Jay Sekulow Live. And now your host, Jordan Sekulow. You know, let me first thank everybody listening to our broadcast right now on radio, on Sirius XM. You make up the vast majority of the millions of listeners we have, but we also broadcast our show, and importantly so, online every day at a TV-quality broadcast so that it can be clipped out so that you can go back and use it because the guests we have, unlike Rick Renell, who wasn't just on by phone but was on by video, so you can go back and see, but we can also clip that out, share on social media, and provide this for you.

And of course we know the way of the world right now. There's about 10,000 people watching on Facebook right now, and I want to welcome in because on ACLJ.org we used to use YouTube to broadcast the show as well, but we did what was called, it wasn't open, which means that you couldn't find the link on YouTube. We've now opened it up the last couple days, and right now there are, let me look at this. 6,200 people, in just the last two days of opening this, today there's 6,200 people watching on the official ACLJ's YouTube account, our live radio broadcast, 6,200 people watching, and again, you add those numbers up, you're talking about close to 20,000 people on a Friday after, again, I could understand, the Masters is on and there's been a lot of talk about these cases and COVID and other issues and a lot of frustration with the election.

It still just shows you the impact we're making online, and then think about the impact we're making on radio right now, with literally no less than a few million people listening right now on over 1,000 radio stations and Sirius XM for a full hour to get this information. And I want to go, we're going to get to your call soon, but I want to go to Harry Hutchinson who's just joining us because Harry, I want you to break down for people the significance of this Secretary of State case in Pennsylvania where the judge ruled that ballots should not be counted. This was about not just late coming ballots, that's the Supreme Court case for them to stay on, this was about allowing ballots to be cured and now those cured ballots need to be tossed aside.

Absolutely. So this case is essentially and fundamentally about the rule of law and the Constitution. Essentially, the Secretary of State for Pennsylvania has issued guidance to counties allowing them to allow citizens to cure invalid votes three days beyond the period required under a prior court decision and under the statutory rules. So essentially, she gave guidance telling counties to allow citizens to cure their ballot, otherwise their ballot would indeed be invalid if it was not cured three days beyond the period specified.

So extending it from November the 9th to November the 12th. The Trump campaign file suit and a judge of the Commonwealth of Pennsylvania has issued a ruling disallowing the counting of such votes. Now, clearly beyond question, those votes alone are not outcome determinative. However, it's likely that the vote totals around 10,000 and so if you add those votes in with other challenges that are outstanding, they could indeed be outcome determinative in Pennsylvania. And so I applaud the judge because she's done what? She has followed the rule of law as opposed to following the whims and arrows of outrageous fortune, which has been pushed by a large number of political types. If the decision by this judge is appealed, it would go to the Pennsylvania Supreme Court. Is this the kind of case that if it goes to the Pennsylvania Supreme Court, it could ultimately go to the U.S. Supreme Court too because of this election issues? It could because you could argue that the failure to adhere to the statutory rules constitutes a violation of the Constitution.

U.S. Constitution. All right, let me thank Carmen on YouTube for her super chat saying thank you. And those people, by the way, donated to let us know that.

That's why we're calling him out. Madeline on YouTube said a thank you sticker to us and William on YouTube said a super chat. So thank you all as we open up YouTube as well with over 6,000 or more of you watching just there.

We'll be right back. At the American Center for Law and Justice, we're engaged in critical issues at home and abroad, whether it's defending religious freedom, protecting those who are persecuted for their faith. I'm covering corruption in the Washington bureaucracy and fighting to protect life in the courts and in Congress. The ACLU would not be able to do any of this without your support.

For that, we are grateful. Now there's an opportunity for you to help in a unique way. For a limited time, you can participate in the ACLU matching challenge for every dollar you donate. It will be matched. A ten dollar gift becomes twenty dollars.

A fifty dollar gift becomes one hundred. This is a critical time for the ACLJ. The work we do simply would not occur without your generous support.

Take part in our matching challenge today. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases. How we're fighting for the rights of pro-life activists. The ramifications of Roe v. Wade forty years later. Play on parenthood's role in the abortion industry. And what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. Alright, welcome back to Jay Sekio Live. I'm going to start taking your phone calls now, 1-800-684-3110. You know, just on Twitter, through Periscope and through Parler, there's 700 people watching. On YouTube right now, there's 9,100 watching the broadcast. And on Facebook, 10,000.

So, I mean, you add those numbers together, you're talking about, again, over 20,000 people watching Jay Sekio Live. This does not count the millions who are listening right now to Jay Sekio Live on the 1,000 plus radio stations we're on, as well as Sirius XM. So let me thank that all of you, whether you choose it through Terrestrial Radio, Sirius XM, Christian Radio, Conservative Talk, Facebook, Periscope through Twitter, Periscope through Parler, or YouTube, which we've just opened up these last couple days.

Thank you, and I welcome those of you who might be new on YouTube to actually seeing our broadcast. So we're going to start taking your calls now. We've been working through all of the different issues going on right now.

And the Supreme Court filing a brief there, we'll talk about that on Life, we've talked about it for a minute. But I want to get to your calls now. Let's go to Mary Ellen in Illinois. Mary Ellen's always a great caller and I love taking her calls and questions. Hey, Mary Ellen. Oh, hi, Jordan.

A quick question. Actually, I've seen a number of emails and texts coming to me urging people to send a letter to the President via the U.S. Postal Service with the words, verify the vote. Well, my first reaction was, well, that's a nice letter of support, but states are in charge of their elections, not the President, and courts, if we want to be strategic, courts want some hard evidence from people who have the information.

And for those who don't, I think that they need to write their own governors, state legislators to do whatever they want them to do in charge of cleaning up these elections. Yeah. Well, Mary Ellen, let me tell you this. You're going to get a lot of emails right now on three things.

Well, two main things. One is the election support fund, the legal fund to fight this election, and you'll get that from the Trump campaign. Then you'll get kind of letters, hey, will you support the President in this? I don't know what group sent that out. That's kind of like a petition. And it's not bad to let the President know. If they're not asking you for money, it's not bad to let the President know that millions of people stand behind him in this. But then we've also got a petition that's specific, I think, that's better than what Mary Ellen's described, at least what she's describing for people that want to make their voice heard on this issue because we understand who it needs to go to. Yeah, absolutely. First of all, I love Mary Ellen. She understands the process so well.

But look, I mean, this is why we've been giving this message from the very beginning, Jordan. States are in charge of the election process. And if there was fraud, it would have likely happened across a number of different states. And in order for it to be outcome determinative, it has to occur across a number of states. So you can't just have one blanket approach for challenging the potential fraud in various places. You've got to apply the specific state law to each situation and see if they complied with the law. I mean, Jordan, the various cutoffs in these states, and you know this better than I do, but they're not the same in all of the states. And plenty of them could be valid. So you have to see whether or not each state followed their process.

So I would say two things to Mary Ellen. One, you know, messages of support to the President or anyone else will be fine. But if you are trying to impact the outcome in a various state, you do need to support a petition like ours or a state-based effort to actually impact that state, preferably your state's outcome and how they handled it and make sure they followed state law.

Because if you live in Michigan and you're trying to apply Michigan state law to a Florida election, Jordan, that's just not going to work. So if you're looking to support the RNC's legal work, who they kind of lead the charge in the Trump campaign, the RNC, and of course you've got the Attorney's private legal team. But if you're looking to support the RNC, here's how you know if you're really supporting their legal effort. If you get the email, looks like it's from the RNC, and you click that you want to donate, it should take you to a site called winred.com.

That's when you know it's being legitimate to the Republican Party nationally, and your money will be used the way that you're donating for. So look for that if you're looking to support these legal challenge efforts specifically because I know you're getting flooded with these texts. The other big texts you're getting flooded with too are about the runoffs in Georgia, and those are huge as well. The next segment we're going to get an update from Thanh on that as well, but I do want to take another call. John in Florida is on this new Pennsylvania case, which is huge. John, welcome to Jay Sekio Live. You're on the air.

Hey, how are you guys doing? I have a question. I'm confused about the Pennsylvania case, the battle there. At first I thought it was a battle against this three-day extension of allowing ballots to come in. Now it sounds like it's about allowing identification to come in.

So which is it? What's going on? There's two cases in Pennsylvania. So the three-day late arriving ballots is at the Supreme Court already. And there's a stay put in place, an order put in place by Justice Alito because he is the Supreme Court justice that oversees the circuit that Pennsylvania is in. So he has put in an order that says you have to segregate those late ballots, the three days, and you can count them, but you can't put them in the total vote count. And that is now up before the entire, he's referred that to the entire Supreme Court.

That is separate than John. You're right. There's two cases, and there's more in Pennsylvania than two, but these two main cases. This case was about correcting your vote by showing your ID. So you went to vote, you didn't have an ID, and then you got an extra, what was it, six days? So it was till November 12th, nine days after the election, to correct your vote. And this state court has said, John, those votes should not be counted.

Precisely. So I think it's very, very important to keep in mind that there are several layers of litigation ongoing simultaneously. So I think it will be difficult for many observers to keep track of all of the litigation. But what we are talking about here today are two separate pieces of litigation. And we're primarily focused on a Commonwealth court decision, which is grounded in the fact that the secretary of the state of Pennsylvania has issued guidance to county boards of election, extending the date by which voters can cure their ballot, which is defective. Those ballots should not be counted pursuant to the law of Pennsylvania, based on my understanding, and a judge has issued an order to that effect. However, that order will be subject to appeal to the Pennsylvania Supreme Court as opposed to the U.S. Supreme Court. But ultimately, the decision could wind up with the United States Supreme Court to the extent that all of these cases become outcome determinative, first in Pennsylvania, but then we also would need to see successful litigation in other states as well.

Okay. So I mean, we're going to do everything we can each day on this broadcast to explain to you what's happening legally. We can't get to every case, but the ones that are most significant.

And Harry, let's get to the one out of Georgia. So in Georgia, an organization we know well, True the Vote has filed there about the voter rolls, the number of votes that came in. But a good friend of ours, a great constitutional law attorney and a great defender of life as well, Jim Bopp, let us know this morning. He's looking at expanding on that lawsuit. Tell people about that, because it's the first time we've really seen some new active litigation in Georgia on the election as they are doing their head recount.

Absolutely. So if you look at the Georgia case, essentially what we have are credible allegations. So based on available evidence so far, there is a legitimate suspicion of illegal voting that justifies a thorough investigation of poll lists to determine whether there are sufficient actual illegal votes, which were cast, to place the election results in doubt. And so that could place in doubt, certainly the Presidential election, but also David Perdue's election to the United States Senate. In other words, he might not have to face a runoff if this particular case goes forward. So it's very, very important for listeners to understand that at this particular stage, we have credible allegations and we are not we.

But Jim Bopp's organization is planning on litigating this to make sure whether or not illegal votes were cast and then whether or not those votes were outcome determinative. But only in Georgia. Let's go to Lewis in Colorado real quickly on line six. I can answer this question quickly for Lewis.

Hey, Lewis. Hi. I sent in my donation yesterday. Thank you.

Thank you so much. I want to know, do ballots have dates on them once they are counted, once they go through the process? Is there a date on them so that if they need to be pulled out, the people can see, OK, this came in on a legitimate date?

In most cases, let me just answer it quickly. There should be, because even if electronic, you then take your form and then you put your form through a machine, it should be dated. It should be able to segregate. If they can't, this is when they get into real legal trouble with the Supreme Court and they think about whether or not the vote itself was legitimate in total. We're not to that point yet, but I mean, that that could be one of the problems that arises if they don't have that system in place.

But they certainly should. We've got another segment coming up. We're going to take a lot of your calls again. Thanks everybody for watching from the different platforms.

Take more of your calls. One eight hundred six eight four thirty one ten. We'll be right back. Only when a society can agree that the most vulnerable and voiceless deserve to be protected.

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You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org. Alright, welcome back to Jay Sekio Live. So we opened up YouTube a couple days ago. We always used the platform so that people could watch the live broadcast at ACLJ.org, but it wasn't a link that was open on the official ACLJ, which you should subscribe to on YouTube.

Subscribe to Bald Beagle as well for your kids. But it wasn't open there, so that was not a video you'd see pop up. The last couple days we decided to open it up. Right now, over 9,000, it reached 10,000, but over 9,000 people are watching just on YouTube and they're getting involved in the chat that's on there. And then on Facebook, we have 9,000 as well. On Periscope, about 700, 800. So we're talking about throughout the show today, probably over 25,000 to 30,000 people just watching through various online platforms, actually seeing the show, seeing us in the studio, seeing guests like Rick Renell when they come on by video. And I want to thank those of you who are joining on YouTube specifically today. Like Rihanna on YouTube who donated $50, said thank you for all the work you do educating us and fighting our constitutional rights. Lucia on YouTube who sent a super chat and a thank you sticker.

John did a super chat. God be with the ACLJ. We appreciate that. By the way, this is costing them.

They're making donations to make them super chatters. Tanya on YouTube said thank you for keeping us in the fight. We're absolutely going to do that as long as the fight continues.

And there's going to be a lot of fights ahead as well that we're preparing for. And then Kyle on YouTube said, could the Joe Biden gaffe saying that, quote, we have put together a voter fraud organization be used in court? You know, he made that gaffe, Harry. But let's talk about real allegations of fraud. Michigan, your home state. So we talked Pennsylvania.

We talked Nevada today with Rick and Nell. We talked Georgia with new legal challenges and a recount. And now let's get to Michigan.

Absolutely. So Michigan is a case study in fraud historically. So even putting aside this particular election, Michigan has a particularly bad history.

But I think it's important to look at some specific incidents. In Atrium County, a software glitch caused at least 6000 ballots to be counted for Democrats that were actually called cast for Republicans. Similar glitches could have affected many other Michigan counties, as it has been reported that 69 of Michigan's 83 counties use the same software. Over 50 Michigan counties, including Wayne County and Washtenaw County, had more registered voters than eligible voting citizens. Of particular relevance here, Wayne County registration rates were 107 percent. That's very, very important because that's one of the largest counties in Michigan. Washtenaw County, which is also another sizable county, the registration rates were around 113 percent. So this alone raises a suspicion with respect to the accuracy and the validity of the election. In addition to those problems, some ballots were counted apparently multiple times. GOP Chairman Rama McDaniel has detailed 131 affidavits and 2800 incidents documenting fraud and other irregularities.

So I think it is clear beyond question that although a lot of attention is deservedly on Pennsylvania, many observers ought to look at Michigan as well because that state has been rife with fraud historically. You know, I know my dad was actually, he just texted me in the air, and he was just on a call with Rana McDaniel from the RNC. I was on a call with her just a couple days ago.

She is very engaged in the battle as well. But it lets you know, too, how engaged we are, that we're here with the RNC chair on these issues. Let me get to as many more calls as we possibly can. Let's go to Ashley in California on Line 4. Hey, Ashley. Hey, thank you for taking my call. Real quick, I just want to say thank you for all that you're doing.

I actually tuned in to your show to get actual real news. That being said, two points here. With all the computer programs that the other gentleman just spoke about, the mail-in ballots that are coming in late, and the different possibilities of fraud, are we looking at a streamlined way of getting this to work? And lastly, is your ultimate goal to use the 12th Amendment to use each legislator state to actually win this election? I'm not at that point yet on the 12th Amendment issue. It's out there. It's legal.

It's an option. But that's not where this is right now. Where this is right now, I think, Harry, the best way to explain it is that when you talk through Michigan, we've talked through the two major cases out of Pennsylvania, one breaking last night on ballots that will be tossed out, another where there's a stay on the late ballots that could potentially be tossed out as well.

Nevada, Rick Rinnell was talking about, you were talking about Ronna McDaniel and these allegations as well. It's combining all of them together in basically what would be a super case before the United States Supreme Court that would ultimately, keyword again, be outcome-determinative. That if they determine that the challenges brought by the Trump campaign or the RNC or the President's attorneys or local state parties all together were that they were the winners, basically, and they sided with them. That's the kind of case you're building right now. The 12th Amendment issue is separate from the court issue. Absolutely. So I think one of the key things for listeners to keep in mind is right now the various lawsuits are attempting to adduce credible information and then in court they will seek to prove their case and they will have to prove, and the burden of proof will be on them, to show that the election results so far in Michigan, in Pennsylvania, in Georgia, and in elsewhere, perhaps Nevada, that those conclusions in those particular states are indeed invalid.

Why? Because there are insufficient votes in support of Vice President Biden. And that might be enough to change the outcome of the election. At the end of the day, to prevail at the United States Supreme Court, you will have to prove your case, I think, to the satisfaction of at least five justices of the United States Supreme Court. But right now many of these lawsuits, they are in the fact-finding stage at lower court levels.

The lower courts are the finders of fact. Let me take a final call of the day. Kimberly in West Virginia, very quickly, thank you for holding on. I'm sorry we couldn't get to every call today. A lot of calls came in. Hey, Kimberly.

Yeah, hi. We have Barr and we have the FBI and they've been proven to be untrustworthy. They get evidence, they bury it, nobody gets prosecuted or anything else.

Well, let me just jump in. There was COVID. There was a problem with grand juries. There was an election. I do think that Durham did a disservice by not putting his report out because he said he was going to do a report, which is weird for a U.S. attorney, but he did a disservice by not doing that before the election and enough time before the election, so it didn't look like it was impacting the election. I still don't know what to expect out of Durham now. I'm just not quite sure.

But what I do know is this. There will likely be, if President Trump remains in office, if these legal challenges, if we win the day, there'll be changes, the FBI, and I do believe there will ultimately be accountability. Now, if Joe Biden becomes President, this all dies out.

There will never be accountability on these issues. And I think it'll be the ACLJ. You'll need us now more than ever.

Seriously. Because of all that we've learned through representing the President, through impeachment, through dealing with the FBI, support the work of the ACLJ, double the impact of your donation to Matching Challenge Month. As Rick Grenell said, we need your support. ACLJ.org.

At the American Center for Law and Justice, we're engaged in critical issues at home and abroad. For a limited time, you can participate in the ACLJ's Matching Challenge. For every dollar you donate, it will be matched. A $10 gift becomes $20. A $50 gift becomes $100. You can make a difference in the work we do, protecting the constitutional and religious freedoms that are most important to you and your family. Give a gift today online at ACLJ.org.
Whisper: medium.en / 2024-01-27 23:56:44 / 2024-01-28 00:19:25 / 23

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