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A bombshell story in the Washington Post on Friday disclosed that the CIA had concluded in September, 2016 that Russia was intervening in the 2016 Presidential election to elect Donald Trump as President. The article further asserted that the Republican leaders in Congress, including Sen. Mitch McConnell, refused to allow this CIA assessment to be made public before the election.

russia helped elect trump

Will Russian Bombshell Derail Trump Juggernaut?—Ted Vaill

This is a complete outrage. Donald Trump must not be allowed to assume the Presidency on January 20, 2017.

Donald Trump has refused to release his tax returns, or even to reveal to whom he might be indebted in his businesses. Could he owe huge amounts of money to Russian oligarchs, or to Putin himself (who is reportedly worth $40 billion or so)? Is Trump a Russian agent himself, or so closely tied to Russian money that he is helpless to do anything to challenge Russia's subversion of the American government?

Trump has refused to take most of the daily briefings from the CIA since he was elected (only 4 of 31 daily briefings have been taken by Trump), and he and his stooge Gen. Michael Flynn (who also has close ties to Russia) challenged the accuracy of such briefings before the election after he was the nominee. Is it because these briefings reveal the Russian subversion of the America electoral system? Recall that Wikileaks published the detailed emails of the DNC and Clinton campaign head John Podesta before the election. It is now clear that Putin and Russian intelligence agents provided the leaked emails to Wikileaks. Did the Russians also entirely manipulate our Presidential election procedures?

It is now clear that Putin and Russian intelligence agents provided the leaked emails to Wikileaks. Did the Russians also entirely manipulate our Presidential election procedures?

Is Trump the Manchurian Candidate? There is some evidence, reported by Mother Jones journalist David Corn before the election, that Russian intelligence agents had been trying for a number of years to co-opt Trump, and that Trump "and his inner circle have accepted a regular flow of intelligence from the Kremlin, including on his Democratic and other political rivals", and that this cultivation of Trump has gone on for at least five years. The ex-spy (who worked for a Western country specializing in Russian counterintelligence) who provided this evidence further asserted that "Russian intelligence has 'compromised' Trump" and could "blackmail him".

See my LAProgressive article, "He Calls Her 'Crooked Hillary'; Could He Be 'Commie Donnie'?", published on November 6, 2016.

My solution

In my last article in LAProgressive.com ("Preventing the Bull From Entering the China Shop", published on December 6, 2016), I proposed that Jill Stein give, assign, or donate (whatever you want to call it) her Green Party votes for President in Wisconsin, Michigan and Pennsylvania to Hillary Clinton, and that if these votes are added to Hillary's votes in those states, she would win those states and their 46 electoral votes, and be elected President 278 to 260 electoral votes.

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The Constitution merely provides, in Amendment XII (ratified on June 15, 1804), that

"The Electors shall meet in their respective states, and vote by ballot for President and Vice President…and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate".

What needs to be done, after Jill Stein awards her votes in those three states to Hillary, would be for the Clinton electors in the three states to appear in Madison, Lansing and Harrisburg on December 19, cast their electoral votes for Hillary, and sign, seal and transmit the electoral votes to the President of the Senate, Vice President Joe Biden, by January 3, 2017. When the electoral votes are opened on January 5, 2017, there will undoubtedly be two sets of electoral votes for the three states, one containing the votes of the Democratic electors and the other the votes of the Republican electors.

This would undoubtedly cause a constitutional crisis. Which set of electors to certify? This has happened before, in 1876, where Democrat Samuel Tilden won the popular vote handily, and led in the electoral vote 184-165, with the states of Florida, Louisiana and South Carolina sending two sets of electors to Washington. Some of these electoral tallies were certified by different elected officials in these states; in South Carolina, the Samuel Tilden electors simply claimed that they were chosen by the popular vote, and that they were rejected by the state election board, so they were submitting their vote tally independently. A Presidential Commission comprised of 5 Senators, 5 House members and 5 Supreme Court Justices voted 8-7 to count all three Republican sets of electors, and Republican Rutherford Hayes won the electoral vote 185-184 and was inaugurated as President two days later.

When the electoral votes are opened in the joint session of Congress, the Republicans may attempt to certify the Republican electors in the three states, and declare Trump President. But the Democrats will object to this result and create an impasse that can only be resolved by another Presidential Commission appointed by President Obama, or....perhaps the Supreme Court will again be called upon to intervene in the Presidential election, as it did in 2000 to elect George W. Bush as President. But the Supreme Court is now split 4-4 with the Scalia vacancy still unfilled because the Republicans will not even consider President Obama's nominee.

However, there is a solution: President Obama could make a recess appointment the minute after the 114th Congress adjourns on or before January 2, 2017 and before the 115th Congress convenes on January 3, 2017. That recess appointment could be Judge Merrick Garland, the man he nominated, or even himself. It would be a two-year appointment to the Court. There is precedent here: President Eisenhower made a recess appointment of Judge William Brennan to the Court in 1956. (Justice Brennan was later confirmed for a lifetime term.)

The Supreme Court, now having five liberals and four conservatives, could confirm Hillary Clinton as our next President, and not the Communist sympathizer/Russian stooge Donald Trump. Or should we just say, "Oh well, it's too late; let it be. Donald Trump may not be THAT bad." But from his recent appointments and nominations, Trump may be far worse - and he may just destroy our democracy in the process.

So it all boils down to this: Jill Stein, you chose to run as the Green Party candidate for President, and you drew enough votes away from Hillary Clinton to tentatively elect Donald Trump as President. Clearly your Green Party voters would strongly prefer Hillary over The Donald as our next President, so do the right thing, Jill, and give Hillary your votes in those three states. So what if it has never been done before; there always is a first time for everything.

It might also be considered an American form of coalition government, as in Britain, when the Liberals in recent years combined with the Conservatives to form the David Cameron government. Perhaps the Clinton Administration might even appoint a Green Party EPA Administrator, Secretary of the Interior or Surgeon General.

ted vaill

Ted Vaill

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