Constitutional scholar Jonathan Turley, a longtime Democrat, is calling for a “no-holds-barred” investigation of the 2020 vote count because “tens of millions of voters believe that this election was rigged.”
Turley, on his website, explained he ordinarily dislikes such commissions and opposes a proposal by Republicans in Congress for an emergency 10-day analysis.
Turley, a law professor of George Washington University, said: “I do believe that a real commission is warranted. Indeed, the violence yesterday only further shows the deep divisions in this country over these lingering questions. However, there must be the commitment to a real commission — not another placebo commission.”
What is needed, he wrote, is “an honest-to-God, no-holds-barred federal commission.”
He noted it was an “unprecedented election in the reliance of mail-in voting and the use of new voting systems and procedures. We need to review how that worked down to the smallest precincts and hamlets.”
“Possibly tens of millions of voters believe that this election was rigged and stolen. I am not one of them. However, the integrity of our elections depends on the faith of the electorate.”
He noted 40% of voters have “lingering doubts” about the system.
“Most of the cases challenging the election were not decided on the merits. Indeed, it seems they haven’t even been allowed for discovery. Instead, they were largely dismissed on jurisdictional or standing groups or under the ‘laches’ doctrine that they were brought too late. Those allegations need to be conclusively proven or disproven in the interests of the country,” he said.
Also, he pointed out, there were “problems” in the election.
“There was not proof of systemic fraud or irregularities, but there were problems of uncounted votes, loss of key custodial information and key differences in the rules governing voting and tabulations,” he said.
In fact, there have been more than 1,000 sworn statements from witnesses to election fraud in multiple states.
The investigation should be done with “absolute transparency,” he said, and Congress should get to work on repealing the Electoral Count Act, which diminishes the role of Congress in certifying electoral votes.
“It is one of the worst conceived and crafted federal laws on the books. The constitutionality of that act has long been challenged, including some who argue that Congress has nothing but a purely ceremonial role in opening state certifications and counting them,” he said.
“Courts are likely to recognize that Congress has a more substantive role, particularly when rivaling sets of electors are presented or there is clear evidence of fraud. However, the validity of such electoral votes should be left largely to the courts in challenges in the given states.”
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