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April 5, 2021 - Rudy Giuliani
30:08
WATCH This BEFORE January 6th | Rudy Giuliani's Common Sense | Ep. 100
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Hello and Happy New Year.
This is Rudy Giuliani with Rudy's Common Sense.
Another episode delving into, in this case, a very historic occasion.
January 6, 2021 will be a day that lives in history.
It'll be on a par with Three prior occasions where a dispute of this magnitude occurred in the selection of our president.
In 1800, in the disputed election between Jefferson and Burr, where they became tied and it had to be decided in the Congress.
The election of 1886 between Rutherford B. Hayes and Samuel Tilden, which ended up With the gentleman with the fewer electoral votes, Hayes, becoming the President of the United States, based on an ad hoc commission that was put together to help make the decision.
And then, of course, the election of 2000 between Bush and Gore, which ended up getting decided in the Supreme Court.
So now we have another disputed election of that magnitude, possibly even greater, in which Joseph Biden Appeared to receive the most electoral votes within a week or two after the election.
It took a long time to count the ballots, but in which the president, the sitting president, Donald Trump has raised serious questions about six to 10 states in which it appears as if there was stealing that went on.
of a very, very large magnitude.
It doesn't just appear that way.
The president has presented in state legislatures, namely in Pennsylvania, in Georgia, and in Arizona, substantial evidence in the way of witnesses, documents, videotapes, expert analysis of data, has presented a very, very strong case that in each one of the states that we'll mention, There was significant voter theft to such an extent that it changed the result.
In other words, these were states that Trump had won that were changed by various methods of voter fraud, the most frequent of which was to miscount, to secretly count the mail-in ballots and also to produce fraudulent mail-in ballots to supplement the vote that Biden didn't receive.
This evidence is in the form of, as I said, affidavits from witnesses, a thousand about, probably a hundred of which have testified in legislatures around the country, videotape that we can discuss, and then expert witness examination of statistics.
An expert witness examination of the Dominion machines, which, at least in the occasion of the 22 machines that have been examined, showed that the machines were not only able to be changed in almost any way you wanted to, but in fact were changed, and switched 6,000 votes from Biden to Trump in just one small area.
The rest of those Dominion machines all around the country have not been examined, Because they're mostly Democrat, although in some cases Republican election officials and governors are for some reason concealing the machines.
They're not allowing an examination of them.
And they're not allowing an examination of the mail-in ballots.
Which the Trump campaign maintains some of those ballots are false and fraudulent.
In fact, thousands and thousands of them are false and fraudulent.
So the disputes are strongest, biggest, and of a magnitude that would change the result of the election.
If the fraudulent votes for Biden were discounted and the legitimate votes for Trump were recognized, it would change the result in Pennsylvania, Michigan, Arizona, Nevada, Georgia, Wisconsin, and New Mexico.
So each one of those is being challenged.
Each one of those has a separate set of electors.
So you have two sets of electors.
The Democrat electors for Biden, the Trump electors, Republicans for Trump.
And both have been sent to the President of the Senate, who happens to be the Vice President.
And when the Electoral College meets, which is what January 6, 2021 is all about, when the Electoral College meets, There will be, I'm certain, a challenge to at least those six slates of electors.
So Arizona would be the first to come up, in alphabetical order, and you can expect when that comes up, the objection will be raised by one member of Congress and one member of the Senate.
That which is what has to be done under the Electoral Count Act of 1877.
But before we get to that, it's not even certain what the procedure should be.
because the Electoral Count Act of 1877, although it's been there since 1877,
is of questionable constitutionality. It's been there forever. Its constitutionality
has never been challenged, and it has very serious problems.
There are several law review articles, one in University of North Carolina's Law Review, then another in the Rutgers Journal of Law and Public Policy, and numerous others in which it is very, very strongly argued that the Electoral Count Act of 1877 is unconstitutional.
This would be a good opportunity to take a short break.
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Thank you, and we'll get back to the analysis of these very interesting and somewhat complex options.
So here are the options, and I'll try to simplify them.
And we'll see which one is actually utilized and what the final result is.
So let's say you follow the Electoral Count Act of 1877, the act that has never been tested for constitutionality and the act that has been attacked by many scholars as unconstitutional, largely because it takes power away from the House of Representatives and the state legislatures that have been given by the Constitution to them, which can't be taken away just by Congress.
That's the short and simplified version of why these professors and law review articles have over the years argued that it's illegal and unconstitutional.
But let's assume you follow it.
What it says is, the Electoral College comes together, you call the roll, when the state of Arizona comes up, you can expect that there'll be an objection from the Republican Uh, uh, Congress member or Republican Congress member and Republican Senator.
As soon as that objection is made, the joint body has to separate according to the act.
Or the Senate's got to go back to the Senate chamber and leave the much larger House of Representatives chamber.
And for two hours, they both have to debate Arizona.
Was the vote legitimate?
Wasn't it legitimate?
Which set of electors are the proper electors?
In the case of Arizona, Republicans will raise The number of non-citizens that voted, which go beyond the margin of difference between Biden and Trump, they will raise the number of votes that were entered without observation by Republicans or secretly voted.
They will argue the number of out-of-state people that voted.
And they'll also argue about the Dominion machines, which are alleged to have an algorithm that gave Biden a distinct advantage.
In this case, it would be in Maricopa County, which is the largest county, where those machines were used.
And there are a series of other objections to Arizona, where if you counted them up, you'd have about 130, 140,000 votes that would change from a vote for Biden to a vote for Trump.
thousand votes that would change from a vote for Biden to a vote for Trump.
That's got to be debated. Then both houses come back and they report to the chairman of the
president, actually, he's called the president of the Electoral College, and that is none other than
vice president of the United States, Mike Pence, who then has to decide what to do.
And...
And according to the law, unless the two houses vote together, the group of electors sent by the state to the electoral college are seated.
Which would mean in the case of Arizona, the group for Biden.
And then that will go on and on until you get to the end of the group of states.
In each case where an objection is raised by a member of the Senate and a member of the House, any member from any state.
So if the state of Georgia comes up, And there's an objection to Georgia by two members.
Then the separate debate takes place on Georgia or Michigan or Wisconsin on and on and on.
And there may well be debates on states that I haven't even mentioned.
These are the ones that have evidence, substantial evidence, Of both voter fraud and amounts of voter fraud that go way beyond the margin between Biden and Trump.
So they surely will be argued.
A state like Pennsylvania, when you look at all the evidence that the Republicans have obtained, most traumatic of which is the inspectors or the watchers who were excluded so that 680,000 votes were counted secretly.
In Philadelphia and Pittsburgh, if that evidence is taken into consideration, then that state goes from a loss for Trump of about $85,000 to a win of about $400,000 or $500,000.
Remember, Pennsylvania was a state that he was winning by $800,000 before they called off the count and then inserted about 600,000 ballots in the middle of the night, of which almost all were for Biden.
So you can see this evidence is very, very powerful, and it could lead to massive changes in what happens.
Well, once that's all done, you'll be able to determine the electoral vote that's going to be recognized.
And if that vote is over 270 for either candidate and going in, Biden has those votes, but Trump has very, very strong arguments in seven states.
That would take those votes away from him.
But if anyone gets 270, then that person would be the President of the United States, if you follow the Electoral Count Act.
If neither candidate is at 270, then immediately, immediately, the Constitution says immediately, which means the next minute, everything breaks down.
The House goes back to the House.
The Senate goes back to the Senate.
The choice of president is given to the House of Representatives, and the choice of vice president is given to the Senate.
And that's how you get there.
You get there if there is less than a majority in the Electoral College.
And I just demonstrated to you, under the Electoral Count Act, how that could happen.
That could happen based on the debates, and if three states, let's say, just about any three states of this group, were taken away from Biden, Even if they weren't given to Trump, you would go below 270 and you'd have to go to the House of Representatives.
Now you say, well, that, that would lead obviously to the election of Biden because the House of Representatives, although the margin has been dramatically decreased to about nine, maybe 10.
I don't, I guess it hasn't been decided yet.
Well, it would decidedly go to Biden.
So it's all over.
Just the opposite.
The constitution, creates a different vote or different type of voting for the House of Representatives.
It says, in the case of it selecting a president this way, they vote as a delegation.
In other words, no matter how many Congress members you have, you got one vote.
So Wyoming, that has only one congressman, has one vote.
And California, that seems to have thousands of Congress people, gets one vote.
Everybody gets one vote.
Now, if you take a good look, the Republicans have the majority.
Republicans have, in the new Congress, I believe it's 26 to 23, and one is a tie.
I believe that's Pennsylvania.
I think this would be a good opportunity now to take a short break.
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Let's get back to the discussion of this.
I hope this is making it easier.
for what's gonna happen and what you're gonna have to follow on January 6th.
If they vote by party line, if they vote in a partisan way, then Trump, if it goes to the House, would win.
But they don't necessarily have to vote that way.
But he would go in with the advantage.
Now, Here's another different scenario.
That one is the scenario if you follow the Electoral Count Act of 1877, which by the way, just in case you're interested in the history of it, was put into effect right after the Hayes-Tilden disputed election in which Hayes won even though he had less electoral votes.
Because Tilden could never get to a majority.
So they set up this whole procedure for how to do it.
The problem is, from the time it was passed, and it's never been used, and it's never been tested by the court, a large number of constitutional law scholars, and I don't put myself in that category as a scholar, but I did get an A in constitutional law in law school.
And I argued a case before the Supreme Court, and I spent a great deal of time reading and thinking about the Constitution and debating it.
And of course, constitutional law involves almost every case you ever prosecute, questions under the Constitution comes up.
So I'm a pretty good knowledgeable source on the Constitution.
But constitutional scholars who spend all their time looking at this, Very significant number of them believe firmly that the Electoral Count Act of 1877 is absolutely unconstitutional.
I'm not going to spend a lot of time explaining it.
It's extremely detailed.
The article in the University of North Carolina Law Review, I think it's about 60 or 70 pages.
I kind of wouldn't force it on you, but if you want to, it was published in 2002.
Or you could go to the shorter version, which is the Rutgers Journal of Law and Public Policy on the Unenforceability of the Electoral Count Act.
So you get the idea, their conclusion, the unenforceability of the Electoral Count Act.
Their conclusion is that it was unconstitutional by Chris Land and David Schultz.
That's a shorter article, maybe a little easier to read.
They come to the same conclusion, slightly different reasons.
The main reason the Electoral Count Act of 1877 is, I believe, unconstitutional is because it changes the balance of power.
It changes the balance of power within the Congress, and it changes the balance of power with the states.
The Constitution, as I think we've all learned in the last month and a half, the Constitution gives the choice of electors to the state legislature.
In the Electoral Count Act, if there's a dispute and it's sent back, It's the governor who decides on the electors.
Well, there's nothing in the Constitution that says that the state legislature should share its power with anyone, and Congress doesn't have the power to do that without amending the Constitution.
So essentially, Congress has taken away the exclusive role at the state level of the state legislature deciding on the electors, and it's given it to the executive, which the Constitution and the Twelfth Amendment deliberately didn't do.
Which would make that part of the act unconstitutional.
Also, the Constitution gives the role of selecting the president, should there be a lack of a majority or, you know, in essence a dispute, gives it solely to the House of Representatives.
It gives the choice of vice president to the Senate.
This law, the Electoral Count Act, involves the Senate intimately in the choice for president because the Senate is involved in every objectionable slate.
It gets two hours to debate it and it gets an equal vote with the House of Representatives, which again, changes the balance of power between the House and the Senate without changing the Constitution.
It's done by the Congress, which is a classic reason why something's unconstitutional.
So let's assume that it is unconstitutional.
If it is unconstitutional, then we go back to the Constitution and the 12th Amendment of the Constitution, and when that electoral college meets, the person in charge is the President of the Senate, the Vice President of the United States, and it simply says that the ballots will be open and counted.
It doesn't exactly say who counts them, but the tradition had been that the vice president counts them.
And let me give you one great historical precedent.
It was the election of 1800, the first really disputed election.
And Jefferson and Burr, although they were running as president and vice president, ended up tied.
And Burr was supposed to defer, but he was tied.
And the law said he had an equal right to the presidency because they had a tied vote.
So in order to get tied, because Jefferson could have remained three electoral votes, I believe it was three, but whatever the number is electoral votes behind, the issue came up with the state of Georgia.
Very interesting.
Georgia again, right?
Just like the issue is coming up with Georgia this time.
And, um, Georgia electoral votes have been awarded to Jefferson.
However, there was a dispute, and there was an argument that they should be given to another candidate.
Now, who decided it?
The President of the Senate decided it.
The President of the Senate at the time was the Vice President of the United States, like Mike Pence is.
You know who that was?
Thomas Jefferson.
The guy running for President.
You know what he did?
He decided it for himself.
He said, look at both, I'll take the electoral votes that selected me.
So, that president says that the decider on these objections would be the president of the Senate, Mike Pence.
And again, if that happens, If he makes decisions, a group of decisions, and the decisions result in no one reaching a majority, then the Constitution again takes over, and immediately it's sent to the House of Representatives and the Senate.
And I'll just remind you again, the House of Representatives gets to vote in a different way.
Instead of everybody voting, it's one vote per delegation, which changes that to an advantage for the Republicans.
So I know this is quite Complicated, but I hope it helps you because these are the things you're going to see playing out on January 6, 2021.
Could be any of these scenarios.
It's hard to think of any others, but I may not have thought of all of them.
We'll take a brief pause and we'll be right back.
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Thank you and now we'll proceed with a continued analysis of the options that exist on January 6,
2021, a day that will live in history.
In any event, there is a good chance that this election will end up in the hands of the House of Representatives.
And there's a really good chance it'll end up in the Supreme Court.
Because if any of these decisions that are made, that either Republicans or the Democrats believe are unconstitutional, then they're going to take it right to the Supreme Court.
And the Supreme Court's going to be asked to decide if it's constitutional or not.
And then the Supreme Court has to decide, should it take the case?
Is this a political question that should be decided by the political branches of government?
Or is it a kind of fundamental constitutional law question that should be resolved by the court?
And that probably will be the subject of a different podcast if we get to that point.
But don't be surprised if this also not only ends up in the House of Representatives, but it ends up in the Supreme Court.
And the reason you might be surprised is because many of you who just watch sort of the general media maybe don't realize how serious these objections are.
These are very, very serious objections with a very substantial amount of Evidence behind them.
Large numbers of affidavits.
Large numbers of witnesses that have already testified.
Mostly censored and not presented to you, the public.
Because the big media, the big press, big tech, big corporations, and the crooked level of the Democratic Party are keeping this information from you.
You don't see this in the New York Times, the Washington Post, NBC, CBS, ABC.
So you probably think there isn't all that much in the way of objections.
On the other hand, if you're following it or you use the internet quite a bit and are picking this up as the hearings in Georgia and Pennsylvania and Arizona took place, you realize there's a videotape of 100,000 votes plus being stolen in Georgia.
It's on tape, live.
You can't escape it.
It flips the entire state.
So this is going to be a very, very substantial argument, a very substantial dispute.
It could go a lot of different ways.
I, of course, am very invested because I represent one candidate and one candidate alone, Donald J. Trump, and I'm convinced the election was stolen.
But of course, now you've got to convince other people.
And I think we've done a pretty good job of getting our evidence out, even though we've been blocked at every turn by courts that wouldn't allow us to present a single witness by a media that doesn't cover it.
So don't be surprised on January 6th of 2021, when you hear all of this evidence of voter fraud, in which in almost every state, the numbers get into the hundreds of thousands of votes that were stolen.
When I say every state, every state that's being questioned.
And the flipping votes, in other words, if that evidence is credited, It changes from very narrow victories by Biden to very big ones by Trump.
For example, Pennsylvania will switch from 85,000 win by Biden to about a 400,000 win by Trump.
Georgia will change from an 11,000 win by Biden to about 120,000 win by Trump.
So these are big numbers.
It's very compelling evidence like videotape and analysis of machines by experts.
And then witnesses who watched 100,000 ballots brought into Michigan in the middle of the night all for Biden.
This is powerful evidence.
And the only reason you might not appreciate it is.
The unprecedented and really disgusting censorship that has taken place, which is another thing we have to solve in this country.
But let's get past this election first.
I hope this analysis will help you on January 6th.
I hope it has given you kind of an outline you can use to understand the various options, which we still don't know what they're going to be, but they should fit into these categories.
And we'll be back in a day or so with another episode.
And we'll still be in the middle of this, so let's see where we are.
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