BY DAVID P. GOLDMAN, PJ MEDIA JAN 11, 2021 10:11 PM ET
The Trump campaign’s vote fraud lawsuits crashed and burned because the standard of proof required by a court to overturn an election is extremely high. Proof of some fraud, or a statistical proof that the outcome was highly improbable, do not meet that standard. It must be proven that sufficient votes were stolen or invented to change the outcome. No one can collect that kind of information in a few weeks. But it can be collected in months or years, and that’s what it will take.
Either we are in this for the duration, or we’ve lost. But we have not lost yet. There was massive fraud. Whether there was sufficient fraud to determine the outcome is beside the point. Large parts of the Democratic Party are criminal organizations and have to be held accountable. Take a cold shower and a deep breath, and prepare for a long war. Ask yourself if you want to win, or just let off steam.
Civil suits require a much lower standard of proof. Criminal cases must be proved beyond a reasonable doubt, but civil suits require only “the preponderance of the evidence.” We may not be able to produce enough phony ballots or enough affidavits from Trump voters to prove beyond a reasonable doubt that the results were fudged, but civil cases can produce a preponderance of evidence of fraud. Statistical arguments don’t hold water before a judge considering whether to overturn an election, but they contribute to preponderance of evidence.
Every Trump elector or Republican candidate who lost due to suspected fraud can sue the relevant Democratic Party apparatchiks in civil court. These lawsuits allow interrogation of the miscreants under oath. If we can’t put them in jail for vote fraud, we can get them on perjury. And we can wreak merry havoc on the Democratic Party organizations, and make mid-level officials pay the price for the nefarious schemes of their superiors. The rank-and-file fraudsters and the local party machines are the soft underbelly of the Democratic Party. That’s where it is vulnerable to a sustained and relentless attack.
This will require patience and the participation of tens of thousands of volunteers, as well as a good deal of money (although it might eventually pay for itself through the collection of civil damages). Civil suits have been litigated successfully against vote fraud for years. Thousands of such suits would ruin the Democrats.
The issue is not whether fraud determined the outcome of the national election; the fact that massive fraud occurred is sufficient to shred the Democratic Party. For the record, I doubt that fraud won the election for Biden (why didn’t the Democrats fake ballots for the House as well as the White House?). That’s immaterial. There was enough fraud to catch the Democrats’ collective necktie in the wringer.
The W corruptocracy is MAD! MAD! & MAD!
Must be cv19 encephalitis. Highly contagious!
I don’t understand why T remains like catatonic. Are the militaries against him?
The whole corruptocracy is in a state of INSURRECTION and folly necessitating emergency intervention!
@ Adam Dalgliesh:
W DC police was notified in ADVANCE by FBI & NYPD!!!
The mayor and the police Chief decided to ignore the warning!
Most aggressors, if not all, appear to be from the far left, like those who vandalized 15-20 cities with the consent of the left, FBI and DOJ!
T never said to fight fraud in the street.
His speech clearly stated: PEACEFUL.
Besides he has always been the Law and Order President!
Watching the farce on FOX…
What kind of MEN are these???… Those who are exploding with rage…
At least one hundred thousand people showed up to show their displeasure about voting fraud, and support Trump. Some (and we don’t know who, and may never know) rioted and as a result 5 people died; three of natural causes, one being shot by police (for whatever reason) and another, a police officer who was bludgeoned to death by one of the rioters.
Now we have (aside from “no evidence of antifas” which kind of rhymes with “no evidence of voting fraud”) and one clown (in California of course) who compared the “horrific” riot with Kristallnacht…
Let me ask the question again: What kind of MEN are these????
So calling for peaceful protests is a “colossal mistake? When I saw all these Republican leaders and pundits, not to mention the courts, even judges President Trump appointed, himself, betraying him like this, I said to myself, “the rats are leaving the sinking ship.” “Flatten the Democrats?” Nationally? With these Dominion/Symantec voting machines in place? And with a Dem-complicit media?
I’m actually here in the US, and in a blue state, and I am so disheartened I feel like there’s no point in voting anymore. It’s all rigged. We are now officially a banana republic and a vassal of the Chinese Communist Party.
I’m reminded of two things, Lenin saying that the capitalists would sell the Bolsheviks the rope with which they would be hanged
And
This classic 12 second clip from “Moon over Parador” (1988) directed by Paul Mazursky and starring Richard Dreyfuss, Raoul Julia and Sonia Braga about a New York actor who is hired to impersonate the dead dictator of fictional Central American banana republic with bogus elections until the families who make up the ruling junta can decide on his replacement.
“Free and Fair Elections: the illusion of choice”
https://www.youtube.com/watch?v=e7E9SS-X4YY
And, yes, this is totally a Reichstag Fire Act/Enabling Act of 1933 scenario. Even the ACLU is defending the censorship “for as long as the state of emergency lasts” with the virus. Sure. So all the CCP has to do is release another virus. We’ve already got a second variant, now.
It’s not made up. A third of the staff of the building I am staying in came down with it.
I used to think that 1950’s anti-Communist movies like “Big Jim” with John Wayne which showed rich Communists plotting to poison water supplies and release radiation was silly. No more. And, naively, I used to be one, if an independent.
@ keelie:
You are quite right the histrionics and firebrand remarks about an ANTIFA led pre-planned riot, which induced some curious and thoughtless MAGA supporters into the building was a fake, a deliberate plot. MAGA people called out “Antifa” whilst the guy was breaking into the window. I believe that two windows (maybe 3) altogether were broken by the “invaders”, mostly sightseers who had never been there before and were wandering around. The melee inside the building was the police chasing the intruders and not the intruders battling the police. THEY HAD NO WEAPONS and were peaceful, even those inside the building. The fact that they posed for pictures, showing one of them holding the speaker’s podium showed they regarded it as a lark.
And what about that Capitol policeman carefully waiting, and slowly leading the “crowd” (which stopped before the bottom of the steps), up the stairs. Only a single black shirted guy followed him up.
It was obvious that the police opened the wire barrier gate and ushered them in. They were sightseers, there to support the presenting of the overwhelming evidence, which the “riot” prevented from happening. When the Legislators resumed their business there was no reason why it could not have gone on from where it had stopped, except the cunning of the Democrats, and the acquiescence of the RINOS.
So the evidence of deliberate massive fraud was never heard -although it still exists.
@ Adam Dalgliesh:
I agree with your post, Adam, far more than with Goldman, who has introduced a NEW word into the issue. For massive fraud he substitutes “fudged”.
The Pennsylvania case was that the voting “system” installed by the Governor and judges was AGAINST the Constitution which is patently was.
I don’t recall Trump saying anything about “fighting on the streets”, and if he did it was only a figure of speech, meaning, “arguing the matter everywhere”, and didn’t mean actual physical violence…
We are all forgetting that in 4 years time, the Democrats who by then will have every particle of power in their hands, will STILL have the voting machines which brought them criminal victory.
Goldman trying to tell us anything about the laws of Elections is like explaining simple arithmetic to a graduate mathematician. We have been immersed in it for months, every facet of it , including many articles and videos by the highest regarded Constitutional experts.. Regardless of “the burden of proof is high” the plaintiffs HAD far more than that high evidence, and the courts, Democratic Party influenced or composed of mainly Democrats , refused to hear it.
The fact that Javon Pulitzer was able to break into the Georgia computer system in moments in the presence of the Legislative body whilst they were hearing strong complaints accompanied by massive evidence and affidavits, on voter fraud, should have convinced Caligula that he was NOT indeed a god.
The numbers of dead people who voted, amply proven, should have been enough to cause investigation.
The whole Democrat operation stinks highly of an organised coup against the Republican candidates, yes, including senators and Congressman, both National and State, which were, cursorily only, looked at and ignored by the “Legal” authorities, just long enough to turn them down.
Goldman contradicts himself several times, and it is a poor article. Civil cases drag on for many years, often until the plaintiff is dead, And the politicized courts are in antagonistic hands. .I had a case which lasted for 26 years.
@ nerett0:
I totally agree, I sent in a comment of my own that asked the same question: How does one “fight fraud in the streets”? How exactly does one do that?
Nice to be able to fight fraud in the courts, in particular in the Supreme Court, but we know how that fared, as Adam Dalgliesh says…
And for all the hystrionics about the “disgusting” and “horrible” event that happened at the Capitol, only the occasional commentator mentions the destruction of cities and the lives and businesses of ordinary folks. It’s as if most politicians have no clue about how most people live; their heads are packed only with politics. Karl Rove springs to mind, after I saw him give an “intellectual dissertation” yesterday, on one of the FOX afternoon shows. These kinds of commentators don’t belong on shows that are designed for normal people who have real lives to live.
@ Bob_k: Bob K, this certainly does look like a Reichstag fire and Enabling Act kind of situation.
“The Trump campaign’s vote fraud lawsuits crashed and burned because the standard of proof required by a court to overturn an election is extremely high. Proof of some fraud, or a statistical proof that the outcome was highly improbable, do not meet that standard. It must be proven that sufficient votes were stolen or invented to change the outcome. No one can collect that kind of information in a few weeks. But it can be collected in months or years, and that’s what it will take.” (Goldman).
While I agree with most of what Goldman has to say, I don’t think that the reason the courts dismissed Trump’s lawsuits 61 times was that the evidence couldn’t meet a “standard of proof,” or because there wasn’t time to hear the evidence. They refused even to hear any evidence in the case. Some judges dismissed the suits on dubious “procedural” grounds, such as a supposed lack of “standing ” by the plaintiffs –as if the President of the United States lacked standing to appeal the reported returns of an election in which he was a candidate. That was true of the Supreme Court when it dismissed Trump’s suit in only a few sentences, without hearing any evidence and without even commenting on the merits of the suit at all. Other judges simply denounced Trump and Republicans in general as evildoers , also without discussing the substance of the case presented by Trump’s attorneys.The 61 dismissals by state and Federal courts were not because Trump’s lawyers failed to meet a standard of proof, or even because because there was not enough time to hear the evidence, but because either they hated Trump or didn’t want to get involved in a political hot potato. This was not justice. Rather it means that our justice system has failed.
Trump never told his supporters to “fight” fraud on the streets; why does someone as bright as David Goldman have to advance such a dishonest claim? Didn’t he pursue his fight in the courts and in the political arena, not in the streets? Why is Goldman giving us his opinion about the facts?
Rudy Giuliani’s on his podcast, Rudy’s Common Sense pretty much said the same – in the next five months I will present before the American people the massive evidence of Electoral Fraud.
My only hope is that the Democrats haven’t managed a ReichStag fire Enabling Act (Impeachment etc.) to outlaw MAGA and start the Great Reset (their version of the Third Reich).