Home 2016 elections Petition Before SCOTUS Seeks To Nullify Election

Petition Before SCOTUS Seeks To Nullify Election

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by Shannon Fisher

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While the world is paying attention to theatrical battles over President Trump’s executive orders and cabinet nominees, a largely unnoticed and potentially landmark case sits before the Justices of the Supreme Court of the United States. A petition for a writ of mandamus seeking to nullify the results of the 2016 U.S. Presidential election sits on the SCOTUS docket.

A petition for a writ of mandamus is a filing imploring a Court to take mandatory action in the nature of public duty. The writ – filed Jan 18, 2017 by Diane Blumstein, Donna Soodalter-Toman, and Nancy Goodman – has been assigned docket number 16-907.

The main argument for the writ is that, per Article IV § 4 of the U.S. Constitution, it is the job of the federal government to keep U.S. territory safe from foreign invasion. The Constitution stipulates, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.” The petition cites evidence of such an invasion, namely the Russian hacking, and asks that the entire 2016 election be nullified, all the way back to the primaries, on the grounds that cyber-territory in the U.S. was invaded with the intention of altering the results of our Presidential election. The petitioners seek an entirely new election.

Supreme Court Cellphone Searches

Source: AP

Per Title 28 of the U.S. Code § 1251, SCOTUS has “original jurisdiction” over cases like this due to the involvement of a foreign state. There is no remedy for the foreign cyber-invasion, they argue, other than complete nullification.

“I knew there was a strong legal argument for this, and we had cases prepared in several states, but we decided to consolidate all of our efforts into this one case for the sake of judicial efficiency,” said Jerroll Sanders, who wrote the petition for the writ of mandamus and served as national legal strategist for the group REVOTE. “There is a chance the election could be ruled invalid due to the mountain of evidence that we were invaded with an intent to sway our election. If we are able to argue this case, I think we can win it.”

The Office of the Director of National Intelligence recently declassified a report detailing the Russian hacking with evidence that Vladimir Putin personally ordered an “influence campaign” to sway public favor in the direction of Donald Trump to influence the results of the U. S. Presidential election.

REVOTE‘s website states, “As the leaders of the free world, we cannot allow an adversary to invade our territory and subvert our republican form of government. If other nations such as Austria and the Ukraine held a revote after Russia intervened in their election, so should we.”

A response is due from SCOTUS on February 21 with an answer as to whether the Court will hear oral arguments in this case. The fact that this petition for a writ of mandamus is being considered is quite remarkable. SCOTUS estimates that just 0.01% of cases filed with the court are granted plenary review with oral arguments, so the odds are stacked against this case being heard, but the writ is on the docket and they hold out hope that the odds are in their favor.

Listen to my interview with Jerroll Sanders on The Authentic Woman about the Petition for a Writ of Mandamus currently on the SCOTUS docket:

SoundCloud: https://soundcloud.com/authorsontheair/shannon-fisher-interviews-jerroll-sanders-about-the-scotus-petition-reqesting-a-new-election

BlogTalkRadio: http://www.blogtalkradio.com/authorsontheair/2017/02/11/jerroll-sanders-talks-scotus-petition-for-2016-election-revote-w-shannon-fisher

iTunes: https://itunes.apple.com/us/podcast/jerroll-sanders-talks-scotus/id687955991?i=1000381082001&mt=2

Note: To avoid any confusion, it should be noted that the same petitioners initially made a separate filing, unrelated to the Petition for a Writ of Mandamus. They filed an Application for a Stay of the Presidential Inauguration with SCOTUS, which was denied. This separate filing was heard by the First U.S. Circuit Court of Appeals in Massachusetts, and denied by Circuit Court Judges Lynch, Kayatta and Barron. The petitioners appealed the Application for a Stay to SCOTUS, but it was denied by both Justice Breyer and Justice Ginsburg. This application should not be confused with the current petition for a writ of mandamus being considered by the court.

Read the Petition for Writ of Mandamus

  • Ryan Alan Andrew Moore

    So, you’re worried about a supposed Russian hack of our systems and you call it an invasion. But, you want to allow people into our country that are actually trying to invade it and take over. Yup democrats are idiots.

    • Immigrants are “trying to invade” our country? So much for America being a land of immigrants, the Statue of Liberty, etc.

      • reylaces

        Illegal immigrants are an invasion, legally speaking. The statue stand for legal immigration.

        • Bill Fultz

          You moron. Trump’s illegal exec order has nothing to do with illegal immigration.

      • Ryan Alan Andrew Moore

        Yeah, the French made that statue and as the word for hello and surrender are the same in french I don’t think I should be taking any kind of advice from them.

        • Keith Babberney

          Where did you learn French? Because you should demand a refund.

        • Ian Nathanatos

          Bonjour and abandon are two different words. Where did you hear that hello and surrender were both bonjour? This was an easy Googleable thing.

      • Leigh Williams

        These nativists are so terribly unpatriotic. They think America is about white Christians, for one thing. It’s not and never was.

        But worse than that, I think, is their lack of faith in America. I guess they think the country is as weak as their puny god, the one that needs constant reinforcement from the courts lest he be vanquished by evil.

        My God, and my country, are big and strong and loving. I fear nothing.

    • signalfire1

      What could be a worse invasion than Donald Trump and his minions? And maybe if we don’t like refugees, we should stop bombing their cities.

    • AUSMBOOMER

      Are you making a joke? You are calling immigrants invaders? Are you so ignorant that you don’t know that this country was built by immigrants? And that you and/or your ancestry is an immigrant? That immigrants give millions $ to our economy? That they pay taxes? Whose invading our country? Do tell. Now – go learn and read the Constitution. (and if you are talking about undocumented people, then learn what we can do about it – first thing to do is make the corporations accountable – and that would even include trumpo himself since ALL the people that worked in his businesses are either in other countries or you can bet many are “undocumented.”) STOP being a fool!

  • True Blue

    This is the welcoming description on Lady Liberty – nowhere does it say anything about an invasion:

    “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door!”

    It would seem that trolls are worried about well-thought-out legislation going before the courts, and fair and balanced discussions on Blue Virginia, so they resort to ad-hominem attacks. Sad!

    • The nativist trolls are out in force today!

      • True Blue

        How much is troll pay these days? $$$

        • BH

          Call Hillary, I’m sure she knows the going rate!

        • Bill Fultz

          Trump is paying a lot of them. Seems the price is just giving it to them in the ass with no grease. He does that and most of his morons beg for more.

    • AUSMBOOMER

      Read and re-read the Constitution. That ought to settle things for you.

    • Brenda Orr Lexie

      Austria and the Ukraine held a revote after Russia intervened in their election, wonder why? Check Artcle 4 sec4. “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion”

  • Ruthy

    Wait, is this the same thing as is denied here? https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16a700.htm

    • Shannon Fisher

      No, the link you posted is the link that is referenced in the note at the end of the post: the denial of the stay of inauguration. There were two filings by the same petitioners, one for the stay and the other for the writ of mandamus. The petition for the writ is still on the docket and awaiting a reply brief on 2/21.

  • signalfire1

    Where is the new writ? I’m only seeing the old one that was denied.

    • H Melas

      You are looking at the old one. The new one is the one linked within the text, Has not been denied yet.

  • Angela Clark

    TRUMP IS AN ASSHAT!!!

  • H. Melas

    Is this a legitimate suit against Trump? It’s not being reported anywhere else. I guess we have to wait until the 21st (Wednesday) to find out if it’s real?

  • BH

    In reading the comments, it is obvious that the liberals are doing as they always do, using the word “immigrant” to describe the legal,and illegal immigration. If you notice in the inscription noted by “True Blue” below, it speaks of a “golden door” not an open border. Should immigration procedures be modified to be more understandable and thus easier to follow? Of course. Should all illegal non-citizens in the country be given access to a driver’s license and in many cases voter registration and other benefits? Absolutely NOT. But it is absolutely imperritive that we, the United States, control those who enter our country, whether to visit or stay. It’s a different world than it was when Lady Liberty was put in place. One person can do so much more damage now. That is why the temporary ban of the 7 countries of concern (as identified by the Obama administration) is so crucial, they can’t be properly vetted (as noted by the Obama FBI director in testimony to Congress) and the procedures and protocol need to be improved.

  • Michelle Louise Jara

    I’m a libertarian, I didn’t vote for Hilary or Trump. However, here is why I”m upset by the petition and the level of hypocrisy coming from people who petition the SCOTUS and the people who agree and have signed said petition. The Russians may or have hacked into the DNC emails and informed WIKILEAKS of the said emails, which Wikileaks chose to expose, however, it was the content of those emails from the DNC that showed just how corrupt the DNC and Hilary and her campaign heads were. The people, like myself, read those emails and decided for ourselves that someone like her was not fit to be our President. Now, within those emails there was proof that the DNC rigged the election primaries in Hilary’s favor, taking away the voice of those who were voting for Bernie Sanders. Where was the petitions then? Where was the OUTCRY and PROTEST and demanding that HILARY step down? Her supporters didn’t care that they manipulated the DNC primaries for her. They enjoyed it. Were thrilled she was nominated. So here comes Trump and his supposed ties to Russia and they hacked the DNC emails to show the country how corrupt Hilary is/was in the hopes of the people choosing Trump. And millions of people did. So I ask you Hilary supporters….do you think Hilary is gonna take the place of Trump? Think again. You are okay with her lies, the content of her emails and her behavior and you expect independents and libertarians like myself to take any of you seriously? You are a joke to a majority of Americans. Screaming from the rooftops about foreign invasion, when you are just pissed that Hilary didn’t win after she stole the primaries from Bernie. PLEASE. You guys are a complete JOKE!

  • True Blue

    Reports of the Trump team’s contacts with Russian officials has been part of the equation since summer – outrageous, not to mention the DNC hacks. Authoritarian tendencies and attacks on the press are just the beginning of the end of democracy.

    Why I’m not a Libertarian and am glad they have their own so-called bubble/blog:

    Libertarians are funded by the Kochs; Koch brothers ruined Kansas and now are trying to ruin America. As governor, Gary Johnson, the Libertarian candidate, wouldn’t sign legislation to investigate hate crimes and he supported privatized for-profit prisons.
    http://fusion.net/story/337619/gary-johnson-hate-crimes-private-prisons-fusion-forum/

    I heard someone say he was libertarian because he voted right down the middle. NOT! All of Johnson’s policies are far right, tea party influenced except for marijuana legislation. Anti-environment, anti-public education, anti-healthcare, but all in support of the dark money available through Citizens United and wealthy right-wingers.

    “Johnson’s 2012 presidential bid, the candidate enjoyed the wisdom of his notorious adviser, Roger Stone… now advising the Trump campaign. Stone is the guy who brought conspiracy theorist Alex Jones into the Trump camp (and convinced Trump to make a December appearance on Jones’ InfoWars radio program), and has formulated and advanced much of Trump’s anti-Clinton rhetoric.”

    “… he (Stone) shared his formula for winning an election for a less-than-popular major-party candidate: Get a credible third-party candidate to split the opponent’s vote. Stone claims to have been in on just such an operation in 1980…” from the Weekly Standard
    http://www.truthdig.com/report/item/meet_gary_johnsons_money_men_led_by_the_despicable_koch_brothers_20160929

    “… the agenda of the Koch brothers is not only to defund Obamacare. The agenda of the Koch brothers is to repeal every major piece of legislation that has been signed into law over the past 80 years that has protected the middle class, the elderly, the children, the sick, and the most vulnerable in this country. It is clear that the Koch brothers and other right wing billionaires are calling the shots and are pulling the strings of the Republican Party.”
    and I’d add the Libertarians as well.
    https://www.sanders.senate.gov/koch-brothers

    Maybe someone will finally figure out why Indivisible’s organic, not paid protests, are occurring and warranted?