This Friday, March 17th, the Supreme Court is set to review a Petition for Writ of Mandamus to nullify the 2016 Election results on the basis that our election was compromised by a foreign power. Petitioners for the case are using the Constitution’s “Guarantee Clause” in order to ask for a new election.
What is the Claim?
Petitioners are claiming that Russia through cyber warfare, invaded the United States. I have previously written on how Russian hacking could have occurred through use of a super computer virus and I have further expounded upon this issue in Arizona, where there is confirmation that the election system was hacked prior to the primary. This is a largely developing story which I am in the process of working upon and hope to have finished relatively soon – focusing primarily on voting system vulnerabilities and signs of vote system hacking.
According to the Petitioners, the government has a responsibility of ensuring the States are safe from attack and the country did not fulfill it’s responsibility when it certified election results. Petitioners have released a video from Attorney Mark Small who has assisted them with some of motions related to the matter process which explains the matter in greater detail:
Furthermore, Petitioners have explained that the big problem is that it is questionable that our Congress can act in a manner which is unbiased. Members of Congress who stand to benefit from a Trump Presidency have less of an incentive to overturn the election. In fact, it must be noted that the extraordinary writ asks not only for a revote of the presidential process, but of the entire election itself by whomever stood to benefit as a result of “cyberinvasion.”
Is It True ?
There has been recent coverage related to whether the claim of a revote is actually true or not and indeed the Supreme Court’s website confirms that the case is on the docket. Occupy Democrats has also ran a story about the Supreme Court Petition. However, Snopes has cited a limited chance of success. And just because cases are placed on the docket, does not necessarily mean that they will be heard. Despite this, Petitioners are undeterred in their efforts and are moving full speed ahead.
Previously, the Petitioners filed an application for a Special Master of the Court – and requested that the Special Master conduct an official investigation, citing the ability to acquire and report both unclassified and classified information to report to the court.
Legal analysts question whether the Special Master application will be heard due to timing issues. However, the application, if approved, could lead to a real independent investigation, more likely to be apolitical in nature vs a Congressional or Senate inquiry which might appear partisan in nature.
What’s Happening on March 17th?
On March 17th, the case will be pushed to a Conference where it will be analyzed as to whether or not it will be heard. The process is relatively brief, where the Justices will decide whether the case will be heard or not. Many cases are disposed of in this manner. However cases citing novel issues or critical societal trends requiring a new analysis of the law have frequently been granted. The timing could not be more ripe for this matter to be heard by the full court.
Voting System Problems Need to Be Addressed
The vulnerability of our voting and election systems is clearly identifiable. If a revote is ordered or not, we still need to address these problems – which means that we need to secure the election systems to ensure that our vote actually counts. Our dependency upon technology and our government’s failure to properly defend these new systems will become increasingly problematic. The issues will accentuate and create further distrust of the system. It is therefore, highly critical, that we adopt open source machines with multiple redundancies and sufficient security measures on the voter registration systems nationwide.
We cannot wait – as the fate of our democracy depends upon our ability to quickly and adequately address our election and voting system vulnerabilities.