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March 29, 2021 - Rudy Giuliani
31:44
The ANSWER Exists In CONSTITUTION | Rudy Giuliani | Ep. 91
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Hello, this is Rudy Giuliani with Rudy's Common Sense.
Today we're going to look at what is appearing to be or almost about to become a constitutional crisis.
Constitutional crisis is not unknown in our Republic.
We've had them.
They're always very jarring.
They're always very difficult.
They're always very unnerving because the Constitution should flow, we believe, Very, very easily and without any real problems.
There shouldn't be too much dispute about interpretation.
And of course, that's a somewhat unrealistic notion.
But the one beautiful thing about our republic is that at times of crisis, constitutional crisis, other crises, at times of difficult decision-making, very, very close partisan decision-making, there's a place to go.
And it's called the great, the brilliant, the almost sacred, if not sacred, Constitution of the United States.
It'll supply the answer.
And I believe by the time we finish this major, major dispute over the 2020 election and the fraud that permeated it, it's the Constitution that will save us and the Constitution that will bring us together.
And there are two clauses of the Constitution that come to play here, one in particular.
The first clause sets the context.
It's in Article 1, Section... I would say Article 1, Section 4, I believe, which is called Elections.
And it's the first clause in Article 1, Section 4.
And it relates to senatorial And congressional elections, House elections.
But it gives you a sense of the kind of control the state legislature has over federal elections.
Section four, elections.
The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.
But the Congress may at any time by law make or alter such regulations Except as to the places of choosing senators.
So, the rules, the laws surrounding the selection of senators and representatives are given to the state legislatures.
Not to the Congress, not to the governor in that state, but to the state legislature.
And with the proviso that those rules can be altered by the United States Congress.
Now we get to the other major federal election, and of course it's the one that's at issue now, and that is the presidential election, which, as you know, is an election, not a direct election, but an election for electors who then vote for the president.
And in Article 2, Section 1, Clause 3, it reads as follows.
Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress, But no senator or representative or person holding an office of trust or profit under the United States shall be appointed an elector.
So the second part is not really relevant.
It's the first part.
The first part says each state shall appoint in such manner as the legislature thereof may direct.
So this has been described by the Supreme Court in McPherson v. Blacker, 146 United States Code 1, page 35, just so you want to get this exact.
This has been described as a plenary power.
Notice this has no exception for Congress varying the rules.
It has no mention of the governor, no mention of any other agency of state government, any other agency of federal government.
This has been given to the state legislature, plenary power to select the electors and the manner in which the electors are chosen and ultimately the electoral votes are given to the candidates.
Many, many states, if not all at this point, including the states that are at issue here, those will be the states of Pennsylvania, Michigan, Wisconsin, Arizona, Georgia, Nevada.
These states have all passed laws that delegate that power to various bodies, to an election commission, to the Secretary of State, Sometimes to the governor.
It's the governor who selects the electors.
Over the years, those powers have been delegated.
But they haven't been permanently given away, as some incorrect and ill-informed so-called scholars have written without bothering to do legal research.
If they did, they would go back to a fairly old case in the Supreme Court, 1892, McPherson v. Blacker, Which says, in pertinent part, whatever provisions may be made by statute or by state constitution to choose electors by the people, there is no doubt of the right of the legislature to resume the power at any time.
That's 146 U.S.
at 35, the McPherson case, and it cites Bush v. Gore.
It's not a doubt.
There's no question about it.
after granting the franchise in the special context of Article 2 can take back the power
to appoint electors.
It's not a doubt.
There's no question about it.
There have been very, very pompous commentators, legal scholars who have appeared on television
and said, oh, once having granted it, they can't take it back retrospectively, just prospectively.
In other words, they can't take it back for the past, but they can for the future.
So it couldn't affect this election.
No, no, no.
Supreme Court, rather than the pompous professors and talking heads, say they can take back the power at any time.
Any time means any time.
And it is particularly relevant As Professor Eastman argues in his article entitled, The Constitutional Authority of State Legislators to Choose Electors.
As Professor Eastman argues, it is particularly relevant when the case is a case where the existing procedures were not followed, And when significant statistical anomalies raise serious questions about whether the election was fair.
So let's key in on that language.
Where significant statistical anomalies raise serious questions about whether the election was fair.
In those cases, those would be cases in which it was justified for the state legislature to take back its grant of power.
Look at it this way.
They granted that power to the governor, to the Elections Commission, to the county commissioners, to the Secretary of State.
They granted it in good faith to be exercised fairly.
If it's not exercised fairly, and it is certified on the basis of a false count of votes, or based on exceedingly unfair or fraudulent practices, The state, under the constitutional authority of the legislature, is issuing a false and fraudulent statement to the federal government.
Now, don't we penalize those?
Haven't we put single, individual, not so important as legislative, Americans in jail for false statements on matters significantly less important than this?
Of course we have!
So these words are very important.
And these powers are very important.
And we don't too often have fraud at this level.
This is a major fraud that permeated this election.
I won't say that it permeated every state.
As we gather the evidence, it's becoming abundantly clear that this fraud was perpetrated in certain places where Democrats controlled cities In an insidious way, in some cases for half a century or more, where those cities have so many corruption convictions of mayors and aldermen and selectmen, and so many convictions for election fraud, that that alone would fill a book.
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So they picked places where they could get away with it.
They picked places where they could get away with it and they could take
advantage of a vastly new system that they had been waiting for for 20 years in
order to cheat.
It's been 20 years now that we've been debating whether we should have broad mail-in ballots.
There have been serious objections, bipartisan, to broad mail-in ballots from none other than Jimmy Carter and Secretary Baker.
Think back in 2005 or so, where they warned that this is the form of voting that is the most insecure, the most open to fraud, and should only be used sparingly.
Instead of taking that advice, the Democrats, using the excuse of COVID, all of a sudden, oh my goodness, it was like opening the candy store to the kids.
Or maybe opening Tiffany to the thieves.
And now they got it broadly in many states.
I mean, if you only have 500,000 absentee ballots, you can do a certain amount of cheating.
But when you have 2.5 million, You can take back an election even where you're losing by 400,000, and 500,000, and 600,000, and that's exactly what they did.
And they planned it very, very carefully to do it in the places where they felt they had corrupted the administration of those cities so much that either it wouldn't be discovered, or if it was discovered, every obstacle would be put in the way of those of us who might raise objections to it.
So you look at Philadelphia, Wisconsin, Michigan, all these places.
Here's the essential fraud.
Mail-in ballots can be only as good as the validity of the signature on the outer envelope of the ballot.
It's the only way you can determine whether it's a valid ballot.
A walk-in ballot, you have the human being, you've got the card, you've got the signature, you've got the actual presence of the person, then you can tie that vote to something in the book.
So, there's a lot of different indicia of reliability.
They're not always perfect, and there is fraud that way.
Voting for dead people.
Double voting.
That happens.
There's a margin, however, that you can't exceed.
When you get broad mail-in voting, the only thing, the only thing that secures you That this is a valid ballot is when you look at the outside envelope that sent in the ballot, and you see the name, the signature, the address, and the various identifying numbers for that voter.
Those have to be checked.
Once they're accepted, you can separate the ballot from the envelope, get rid of the ballot, get rid of the envelope, get rid of the ballot, and now they're separated forever.
You can never go back and really check them.
That's why they have to be subjected to independent scrutiny at the time that that is done.
In the case of absentee ballots, that had been the case from time immemorial.
I remember 20 years ago being involved in looking at absentee ballots.
Republican on one side, Democrat on the other side.
You look at I like it.
I don't like it.
I see that objection.
You put it aside.
Yes, this one's okay.
It goes in.
This one's okay.
Nope, this one has an objection.
Signature looks bad.
Put it over here.
That's the wrong address.
Put it over here.
This looks like three votes from the same person.
Let's take a look at that handwriting.
That's what you do.
And that's how you prevent cheating.
When that's wide open, anything can happen.
And this was wide open.
Because not in one, not in two, not in three, not in four, not in five, but in six or more states at exactly the same time, the Democrats executed precisely the same plan.
They decided for the first time ever, we are going to exclude en masse all Republican inspectors in the cities in which we have corrupt control and therefore can push them around like they're cows.
I say cows because they put them in corrals.
Put them in corrals.
Yep, put them in corrals.
They put them in corrals so far away that they couldn't possibly see anything on the bow.
Despite objection, despite anger, despite a little bit of, I wouldn't call it fisticuffs, but physical encounters and pushing and shoving, Republicans never got close enough to see a single ballot in Philadelphia.
Every single mail-in ballot in Philadelphia was put in secretly.
Only viewed by one Democrat employee of the very honest Democrat administration in Philadelphia.
The administration that has more election fraud convictions than any in the country.
And you want me to believe they weren't cheating?
Do I look like a fool?
Do you look like a fool?
How many ballots between Philadelphia and Pittsburgh?
And then if we want to add in Delaware County, 882,770.
That's what I said, 880,770.
And these phony courts want to tell us this wasn't a fraud?
That's what I said, 880,770.
And these phony courts want to tell us this wasn't a fraud?
Just exactly why would you go through the trouble of getting corrals and of pushing
all the Republicans out and not letting them see a ballot if this was a good, honest, pristine
ballot?
Bye.
Why?
Why would you create this problem?
Why would you put this cloud over the election?
Just because you're stupid?
Or were you doing it so you could stuff the ballot box?
And by the way, the proof is in the accomplishment.
Let's look at Pennsylvania.
When they called off the counting, President Trump was leading by 750,000 to 800,000.
The crooks were in a panic.
How do you make that up?
The only way you make it up is, boom, stop it, get the Republicans out, and start pumping in ballots.
Start pumping them in, either phony ballots, or pumping them in four, five, and six times for Now, I'm not telling you that we have what are called affidavits proving it.
When you hear we have no evidence, you say liar.
We have hundreds and hundreds and hundreds of affidavits and witnesses ready to go to court and swear that they watched this cheating that the media said didn't take place.
And we have been stopped by two courts so far because they're practicing see no evil, hear no evil, keep your eyes closed.
We don't want to know the facts.
Instead they say there are no specific allegations.
I don't know how specific it can be.
We have the name of the person, we got the exact spot, and we say we saw him furiously putting in one ballot five or ten times.
Ballots are supposed to be put in once.
I can't get more specific than that, until we actually get to prove it.
And we need a hearing for that, which they have not given us, because they don't want you to learn the evidence.
Well, the legislature of Pennsylvania, or some of the members, took their responsibility under Article 2, Section 1, Clause 3, seriously.
They took their responsibility as having the plenary power to judge these elections.
And to make sure that these election returns don't go into Washington as fraudulent election returns, so that they are in the position of submitting a false statement to Washington, D.C.
And at that hearing, we produced witnesses, something Democrats don't have.
Witnesses who swore in affidavits under oath.
That's another thing Democrats don't do.
They never swear under oath.
I don't know why they don't.
They don't get prosecuted.
Such an unfair system.
But in any event, the legislature of Pennsylvania is perfectly justified, and in fact, the right constitutional outcome would be for them to take this, have the courage to take it, not be afraid of what the mass media is going to do to them, and stick by the Constitution.
Hold the Constitution up as their As their guard against the calumnies and the defamation and the viciousness of the American press and Democrat Party.
And by doing that, they'll save our Constitution.
By not doing it, it's being trashed.
The same thing can be said about Michigan, where 100,000 votes were brought in in the middle of the night, counted all for Biden in order to catch him up from a 300,000 vote deficit.
And in Wisconsin, there are thousands and thousands of absentee ballots without applications.
Why do you think they don't have applications?
Just because they don't want to make out applications?
They don't have applications because there's something wrong with the ballots.
These things aren't done Across eight or nine states for no purpose?
All the same thing?
We go to Arizona.
Same thing in Maricopa County.
Same thing in Pima County.
Republicans shut out of the process of viewing absentee and mail-in ballots.
Same thing all the way across the country, thousands of miles apart.
Democrats doing the same thing, which had never been done before.
Don't let Republicans see the mail-in ballots.
Probably millions!
Why?
Why?
Because the mail-in ballots was the primary method for cheating and catching Biden up.
How could it be that Biden was behind by so much in all those states on Tuesday night and he caught up in every single one of them?
Every single one?
Look at the margins in the absentee ballots and you'll see that his vote was counted three and four times.
Compare the ballots and you'll see.
And why is it they won't show us the ballots?
Why is it they won't show us the signatures?
Why is it they won't show us the envelopes?
Because they're hiding the evidence and so far the courts are helping them in covering that up.
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In the state of Nevada.
The state of Nevada.
Very similar.
No observations.
No observations at all.
For the ballots.
They just went in.
Republicans never got a chance to observe.
More than the margin of victory at stake.
But also another mistake.
Instead of, under state law, examining the ballots, physically, they put them in a machine.
The machine was set so low it approved any ballot.
The machine Without any doubt, renders those votes completely, absolutely invalid.
They weren't even examined by a Democrat official, and they were examined by an incompetent machine, which is not allowed under Nevada law.
That one has to be taken by the legislature, and that vote has to be changed, and then we get to Georgia.
And Georgia, again, broadly and widely, has mail-in ballots submitted, Where there's no neutral inspection of any kind.
None.
Very small margin.
A lot of ballots not counted.
A lot of illegal ballots.
And here's one where the legislature has to have the courage to stand up to what will be a torrent of criticism to do the right thing.
When did that become something that didn't drive us in American politics?
You know how many legislators I've dealt with in the last two weeks, explained this to them?
I said, this is terrible.
This is terrible for our country.
Yes, I can see this.
I can see this evidence.
But oh gosh, I'd be, I'd be harassed.
I'd be, I'd be seen as some kind of a right wing nut.
I'd be, yes, the right thing to do, but I don't know.
Now we've got to group together at each state.
Idolistic.
Strong.
Tough.
Honest.
And we're willing to support this.
And in each state, we have the... the reluctance.
When our liberty is at stake, when our rights are being taken up from us, that's when this has to end.
That's how we became a free country.
This ended.
There are times to be afraid.
And there are times to overcome your fear.
Look, these Democrats are not the Democrats of old.
And they're not most Democrats.
They're a bunch of sick people.
Sickness goes back to Clinton and it continues to today.
They're crooks on a scale that we've never seen before.
They've made millions and millions selling our country out to foreign countries.
Whether it was the Clintons with the Clinton Foundation or the Biden crime family in Ukraine and in Russia and in China They made, not little gifts, millions and millions of dollars and made agreements that were detrimental to the United States.
They sold you out.
You don't think people like this are capable of stealing an election?
You know, it looks like they stole it.
It smells like they stole it.
It sounds like they stole it.
And we can prove they stole it.
They just have the entire media on their side, big tech, and the big corps, who are licking their chops for all the money they're going to make in China, while you, the American people, once again get screwed.
And for this kind of power and this kind of greed, they'll go to any length possible.
This was a scheme they thought we couldn't catch.
Well, they made mistakes with it.
They overdid it.
Unfortunately for them, Trump got too far ahead in a couple of these states, and they had to get sloppy in catching up, particularly in Pennsylvania and in Michigan.
And he's too close in other states, so that the margin is overcome very, very easily based on the fraudulent ballots.
Let's see if we can have the courage to do this because our freedom is at stake.
During the pandemic, these Democrat governors took away our right to practice our religion.
They've taken away a lot of our freedom of speech with the censorship they imposed on the Biden hard drive that proved multitude of crimes
on the part of the Biden crime family.
You never got to really see that because they covered it up.
And now they're imposing a moratorium on the many, many, many, many pieces of evidence of all kinds
that show the fraud they engage in across the country.
And now that the evidence about the Dominion machines that are well-known for being faulty machines used
to steal elections, now that's even being covered up.
So, I know it takes a little extra courage for some of the legislators who aren't the bravest and aren't the strongest to stand up to this and maybe some careers will get ruined.
I don't know.
I remember a book that I read when I was very young by Robert F. Kennedy called Profiles in Courage.
He lists there some very, very famous Americans who in fact ruined their careers by doing the
right thing. And he makes them heroes. Some of them ruined their careers and came back,
like when John Adams took up a very unpopular cause as British soldiers.
That used to be a value in our country, having courage.
It's the most important virtue.
It's the most important virtue to protect a democracy.
It's needed at time of war.
And it's needed at times when people are trying to steal our democracy from us right under our nose.
That's what the perverted leadership of the Democratic Party is doing right now.
And big tech.
And big corporations.
And big media.
And George Soros.
Who is the primary funder.
Check it out.
It's all true.
Hillary Clinton, Black Lives Matter, Antifa, and is involved in one of these companies
through a co-investor of his, who's chairman of the board of Smartmatic,
which is a company started in Venezuela and built for the purpose of stealing elections.
Check it out, it's all true.
It's frightening.
and America can do something to change it.
We can stand up, use our Constitution the way it was meant to be used, and not be intimidated by those who for selfish motives are going to destroy the greatest democracy in the history of the world.
Do not let them do it.
We'll be back in a couple of days, and we'll have even more proof about this Probably going into the machines or some other area of fraud that was also involved.
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