Letter to the Editor: Election audit would not survive legal scrutiny

I see local Cordova Republicans, led by their precinct leader, are calling for a commission to audit the Presidential election. I would hope they do not prevail because what they are demanding is unlawful.

Every state establishes the rules and conducts an election at the direction of that state’s legislators. Every state has its own procedures to be followed to contest the results. Once a state certifies its elections, that signals that no further objections will be entertained. The only remedy at this point would be an objection to the nomination of specific electors and has to be lodged in a joint session of Congress on Jan. 6.

There are NO further legal remedies available at the federal or state level.

Mr. Deaton’s letter calls for a remedy that directly calls for an abrogation of those rights reserved to the states by our federal constitution. It certainly will not survive a legal challenge.

As a practical matter, Mr. Trump made only half hearted, poorly focused attempts to obtain the only legal remedy available to him at the state level. When these were rejected, in every state, he resorted to inappropriate civil suits. These suits were all rejected, mostly because, though Mr. Trump made sweeping allegations of criminal activity, his lawyers could not produce supporting evidence in court. The objections they brought on procedural grounds also all failed in court. Had he appealed to law enforcement with his allegations of election fraud he would still have failed since his Attorney General testified that the FBI had found no such thing. Having exhausted all possible legal remedies he then resorted to open sedition and finally this led, whether he intended it or not, to an attempt to overthrow the Government of the United States.

By joining an attempt to overturn the results of an election, the results of which have been certified by all 50 states and the Congress of the United States, Mr. Deaton makes himself complicit in Mr. Trump’s sedition. I suspect his enthusiasm for Mr. Trump’s felonious cause has clouded his better judgement. It is unfortunate that our excellent Mayor saw fit to join him.

Andrew Smallwood

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