The year was 2016. One of our democratic NATO allies had just held a presidential election that had been extremely close. The narrow loser in that election challenged the results to the country's courts, citing irregularities on counting mail-in absentee ballots and failure to follow the established election law in several districts.
In that case, the courts responded by taking up the matter. Austria's Constitutional Court, the country's highest, allowed both sides to present evidence and arguments, weighed the evidence and then ruled that while fraud could not be proven, it was established that over 77,000 mail in ballots had been counted improperly and several districts had failed to follow established election law. They found that these irregularities could have impacted the outcome of the election. To guarantee that Austria had a free and fair election for president, the court nullified the election result and ordered a new election be conducted almost seven months after the first one.
The new election was conducted cleanly, and the country elected a president that all sides could agree had properly won.
America was denied this opportunity by the political bias or cowardace of our judges who failed to have the backbone or political desire to tackle election fraud
. We have now become a banana republic with kangaroo courts. Why do Austria's voters get justice from their courts on election integrity that is denied to American voters?
The problems in America's 2020 election were much more egregious than those in Austria's 2016 election. The same issues were present, but many times worse in America. Our established election laws were not followed in many key swing states, but in our case through the connivance of partisan Democrat lawyers, Democrat governors, and election officials who struck down many of the safeguards against absentee ballot fraud. Under our Constitution, election laws are not made by election officials, governors, or judges, but by statutes properly adopted by legislatures, yet our statutory election laws were regularly ignored in 2020. The number of improperly counted mail-in absentee ballots in the US were also many, many multiples of those in Austria.
Democrats in America seem to be following Josef Stalin's adage that "those who cast the votes decide nothing. Those who count the votes decide everything."
In a democratic republic, that attitude cannot be allowed to stand.
One of the key election safeguards set out in statutory law is that party poll watchers are allowed to watch both voting and the counting of ballots. In multiple key counties, at about the same time, poll watchers were chased out of vote counting rooms, and shortly thereafter weird election result numbers started coming out. In most, the poll watchers were forced out but in Atlanta it was done by trickery, with election officials falsely claiming there was a water main break and that they were going to stop counting until the morning. In Detroit, after running the election observers out, they papered over the windows so no one could see inside to see what they were doing.
Running a party's election observers out of the rooms where ballots are being counted is not the way an honest election count is conducted. None of that taint applied to the Austrian election, but it did in a big way to the American election.
What was going on behind closed doors was shown by a closed circuit security camera that the election workers in Atlanta apparently forgot about that kept recording what they were doing. After the poll watchers, media, and public were run off, one of the remaining election workers went to the only table with a black table cloth, and started pulling out suitcases of ballots that were hidden under that table so they could be run through the counting machines. Not content with just running them once, one election worker ran the same ballots through multiple times with one stack of ballots being run through eight times.
Our courts have ducked lawsuits to challenge election results in two ways. One is to use procedural grounds to dismiss or not accept a case for hearing before it enters an evidentiary phase. That is what the US Supreme Court did with the case filed by the State of Texas. Another is to schedule procedings in a case for a time so far down the road that the case will be moot before it is reached, which is what the Supreme Court did on the major case coming out of Pennsylvania. With either tactic, the evidence never gets heard in court.
Who has heard evidence are legislative committees investigating the election in a number of states, and the evidence that has come out in those hearings reveals serious problems with the way the 2020 election was conducted. The Georgia State Senate Judiciary Committee has already adopted a resolution based on the evidence they heard calling on the full legislature to strip Biden of the state's Electoral College votes. In Arizona, the county where most of the concern is focused, Maricopa County has been ducking legislative subpoenas to produce records and voting machines. What are they trying to hide? Our heavily biased major media have tried to bury the evidence that has been coming out in legislative hearings, and a major social media platform has even banned videos of testimony and opening statements from the Pennsylvania State Senate hearing on election conduct.
America's 2020 election was far more tainted than Austria's 2016 election, but our courts will not touch it. One reason may be the fear of the hatred that would be spewed toward them by the ultra-partisan American media, and another may be fear of provoking a violent ANTIFA / BLM uprising. It goes deeper than that when one gets to the Supreme Court, however.
Today's Democrats have followed a successful tactic used by Franklin Roosevelt to cow the Supreme Court, and that is to play the court packing card. When the Supreme Court struck down several of FDR's pet projects as unconstitutional, Roosevelt responded by floating the idea of packing the court. He never had to actually follow through because just the threat of it made the Supreme Court just about wet its pants to give FDR whatever he wanted. Over the last several months, the Democrats have been playing the court packing card again, and it has the same effect. The Supreme Court seems afraid of its own shadow in dealing with the most fraudulent election in our history, and that is a very sad state of affairs for our country. America as we have known it may now be over.
If our Supreme Court was doing its job, it would have taken up the Texas case and let the arguments and evidence be heard. Their Austrian counterparts had the courage and the commitment to the democratic process to do that on much less compelling evidence.
(Steven Rader is a former General Counsel of the North Carolina Republican Party and has been accredited as an international election observer in nine elections in eastern Europe)