Biden Won | Will There Be An Electoral College Coup?

Washington (GGM) Analysis | November 11, 2020 by Attorney Michael WellsPodcast– Legal Fact and Fiction

On November 7, 2020, Joe Biden unofficially became the President-Elect, and Kamala Harris unofficially became the Vice President-Elect. Normally the losing candidate, in this case Donald Trump, accepts defeat and contacts the winner to congratulate him or her. Not Donald Trump. He made unsubstantiated claims of “voter fraud,” and then he never backed down. This likely surprised very few as Trump claimed back in 2016 the election was rigged, and he claimed it was rigged again in 2020. What is troubling, however, is most of his party, led by stalwarts such as Senators Mitch McConnell and Lindsey Graham, continue to argue Trump has every right to challenge the election results. And these fears became more real when on November 9th Attorney General William Barr opened up a probe into “voter irregularities” without alleging any evidence. It all smacks of hyper partisanship, and it raises the question as to whether an Electoral College coup is afoot. 

Every four years the Electoral College meets in December. Each state’s electors then vote for the candidate who prevailed in the presidential race in their respective state. This is how it almost always happens. Different states certify their elections on different dates, but the Electoral College meets on December 14, 2020 and votes.

This year Michigan, Pennsylvania, and Nevada proved decisive. Nevada certifies its election on November 16th. Michigan and Pennsylvania certify their elections on November 23rd

All legal challenges must be filed by December 8th, the so-called “Safe Harbor” date. In other words, challenges cannot be lodged after that date. It should be noted all challenges filed by Donald Trump’s campaign have been dismissed thus far. One filing was improperly filed and therefore rejected.

This is a short summary of the legal process involved. In all likelihood, everything will run smoothly, and Joe Biden will be declared, officially at least, the President-Elect. 

This does not answer the question as to whether Trump’s supporters, both elected and otherwise, will accept the results of the election. Quite frankly, it does not matter if they accept the results. 

Recent rhetoric from supporters has sounded alarm bells such as Senator’s McConnell’s statement that Trump was “100% within his rights to challenge the results of the election.”

On November 10th, Secretary of State Mike Pompeo said:

Conservative commentator Bill Kristol responded, “Be alarmed,” in response to this troubling statement. And he is right. 

Perhaps the best quote as to the vagueness and lack of substance of “voter fraud” came from Senator Lindsey Graham, who said: “And we will continue, in spite of my democratic colleagues protestations, we’re going to find someone accountable for something, when it comes to crossfire hurricane.”

Legally, the important dates to keep in mind are:

  • December 8th “Safe Harbor” deadline (no lawsuits after this date).
  • December 14th Electoral College meets and votes (it is over after this date). 

Are there conspiracy theories out there? Yes. Could there be violence? Yes. Sadly, violence is always possible in America, but legally speaking not much will happen. The Electoral College will meet December 14th, and Joe Biden will officially become President-Elect. Again, this all assumes we do not fall into lawlessness and utter chaos. If we do, the law will not matter. 

© Copyright 2018 – 2020. ALL Rights Reserved.

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Fracking May Decide Pennsylvania

Washington (GGM) Analysis | November 4, 2020 by Michael Wells, Attorney @slnc01

Former Vice President Joe Biden and President Donald Trump are locked in a tight battle for the presidency, which may come down to Pennsylvania. Big coal and facking employ many people in Pennsylvania, and, understandably, fracking is a huge issue. All the votes have been cast and are being counted, but the Pennsylvania race (and possibly the presidency) may come down to the issue of fracking. The two candidates’ positions are more similar than you may think.

Hydraulic fracturing (fracking) is a technique for extracting oil and natural gas by firing pressurized liquid into the Earth’s crust. Trump has long supported the practice and has even signed an Executive Order to protect fracking. Biden’s position has been to say he will not ban fracking, but that he will look towards alternative fuel sources, perhaps in an effort to win key states such as Pennsylvania, Michigan, and Ohio (which he appears to have lost). One indication of how important this issue is in Pennsylvania can be gleaned from Vice Presidential Kamala Harris’s October 6, 2020 tweet:

While Biden and Harris must appeal to the Green New Deal part of the Democratic Party, they must also win key states such as Pennsylvania, which rely heavily on fracking. To what extent this is just politics, remains to be seen, but, given what appears to be a Repulican Senate, legislation to ban or limit fracking does not appear possible. This means this dangerous practice will continue. 

According to an article from Euronews, fracking poses a number of environmental hazards:

  • Methane leaks occur frequently to the tune of one million tons in Pennsylvania per year. The industry only reported 64,000 tons.
  • Methane and other gasses released through fracking are a problem because they trap twenty-five more times heat in the atmosphere than carbon dioxide.
  • Fracking pollutes the groundwater supply, which can cause cancer.

From a legal standpoint, the pollution issues pose millions in liability for companies that are not careful. Quite frankly, even if these companies are careful, the risk is quite high. Although not the result of fracking, Flynt, Michigan is a cautionary tale as to what happens when drinking water is contaminated. 

Fracking does supply jobs, upwards of ten million nationally, but, if Biden wins, his energy plan will likely aim to rejoin the Paris Agreement. It is unclear whether fracking as it stands in the United States would violate or otherwise cause problems with the agreement.

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Biden has said he opposes fracking on public lands, but it is unclear what exactly this means. Even if Biden were to oppose fracking altogether, it is unlikely he could get a bill limiting or banning it  to pass the Senate due to the Republican majority. 

Fracking’s future remains uncertain in the United States, but it does appear it is not going anywhere anytime soon even after the votes are counted and a victor declared. 

© Copyright 2018 – 2020. ALL Rights Reserved.

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