U.S. Presidential Election 2016 Lessons Learned

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SUMMARY FINDINGS:

  • PROTECTING THE ELECTORAL COLLEGE IS PARAMOUNT: The Electoral College is the most direct route that adversaries could target to impact the Presidency, and it is much easier to protect 538 electoral votes than it is to make inferences about foreign actors and keep track of 250 million voters who may be harvesting homeless, drug addicts, demented, and other votes for back-alley cash.
  • 2016 ELECTION OUTCOME: Russia had absolutely zero impact on POTUS Trump’s 2016 election because Russia did not influence the Electoral College, its members, processes, calculus, and did not compromise any vote tally systems. 
  • MOST IMPORTANT INTELLIGENCE: DHS – vote tally systems were not compromised in 2016 election.
  • MOST IMPORTANT FACT: The Electoral College was not impacted in 2016.

PURPOSE:

Here are the most effective and important concrete arguments regarding the 2016 election, [and] I’ve heard absolutely no one make these arguments. Analysis of these aspects of the 2016 U.S. Presidential election are as follows …


COMMENT ON THIS TOPIC HERE:

INTRODUCTION:

It is undisputed that in the 2016 U.S. Presidential election, the Electoral College consisted of 538 electors (whereby each state had an appropriate number equal to the sum total of their Congressional members), and 304 Electoral College votes were cast for Trump, Clinton received 227, Powel received 3, Sanders received 1, Kasich received 1, Paul received 1, and Faith Spotted Eagle received 1. Unfortunately, it is now a publicly established consensus that some foreign nations were pro-Clinton, while others were pro-Trump, and acted in adverse ways during the 2016 elections. Also, there are nations that have consistently acted in bad faith, such as Russia for more than a half of a century has attempted to destabilize the U.S., other nations, and other elections globally. Moreover, the U.S. Senate Select Committee on Intelligence reported that the overarching goal of Russia is to undermining the integrity of elections and American confidence in democracy. Gratefully, with regard to the previous U.S. election, the Mueller “Report on the Investigation Into Russian Interference in the 2016 Presidential Election” comprehensively explored said issue but never once mentioned the Electoral College. Below, I demonstrate simple facts that support the finding that Russia did not impact our 2016 elections, and the effectiveness of the aforementioned foreign interference on the outcome of U.S. elections continues to be thwarted* when we properly secure the Electoral College.  

RELEVANT FACTS AND VERY HIGH CONFIDENCE ASSESSMENTS:

1. The Electoral College ultimately determined our U.S. President in 2016.
2. Absolutely none of the Electoral College members were Russian spies in 2016.
3. Absolutely none of the Electoral College member’s votes were influenced by Russian active measures in 2016.
4. Russia/Russians active measures in 2016 had absolutely zero impact on the electoral process or calculus.
5. In 2016, 304 Electoral College votes were cast for Trump, by the electorates, of their own free will.
6. The 2017 U.S. Senate report on the 2016 U.S. Election entitled Background to Assessing Russian Activities […], on page 8 stated “DHS assesses that the types of systems Russian actors targeted or compromised were not involved in vote tallying” (U.S. Senate Select Committee on Intelligence).
7. The Mueller report “Investigation Into Russian Interference in the 2016 Presidential Election” explored Russian adverse activities during said election, but at no time mentions the Electoral College.

ISSUE:

Was Russia able to impact the outcome of the 2016 election in favor of Donald Trump or otherwise? 

RULE:

An absolute 270 Electoral College votes are required to win a U.S. Presidential election.

Analysis of the 2016 U.S. Presidential Election

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I. THE RUSSIA ISSUE:

To begin with, the consensus of the intelligence community and the Senate intelligence committee in its report on foreign interference in the 2016 presidential election is that Russian’s interfered in 2016, with context that they have been attempting to interfere with U.S. (and European) elections for more than a half century. On this point, in a Senate report, “DHS assesses that the types of systems Russian actors targeted or compromised were not involved in vote tallying” (U.S. Senate Select Committee on Intelligence). Therefore, the integrity of the actual vote count is assured. Furthermore, the Special Counsel “Investigation Into Russian Interference in the 2016 Presidential Election” is considered a comprehensive evaluation and reported several specific Russian activities during the 2016 election. On this point, the report never mentions the Electoral College a single time, and unfortunately is considered by many to be flawed because: it bore fruits of a poison tree where fraud in its inception (in breach of Fed. R. Civ. P. Rule 50) occurred such as FISA surveillance application manipulation, was tainted where highly-partisan investigators were chosen to lead the investigation and erred where they inappropriately expanded scope, duration, and targeting of Trump, family, and associates, leaked select partisan facts to the media, and all while hiding or marginalizing relevant Democrat adverse activities. Regardless of the foregoing perverse bias, no facts were found in support that Trump or his election personnel were colluding with the Russian’s. Conversely, where Trump was the target of Russian active measures, Trump was never notified and protected as required under Federal Code 42 USC § 10607

II. OTHER ADVERSE ACTORS:

As we moving forward, a variety other adverse actors attempting to impact the 2016 U.S. Presidential Election outcome have been elucidated including former Ukraine Government officials, as well as groups residing in the U.S. For a list and discussion of said adverse actors, download and evaluate the sources cited at the end of this post.

III. THE ELECTORAL COLLEGE:

The facts show that Russia/Russians were never able to influence the Electoral College. On this point, the rules are that 270 Electoral College votes are required to win a U.S. Presidential election. Under the aforementioned circumstances, said rules are valid if the following facts are true:

  1. [If] the Electoral College ultimately determined our U.S. President in 2016; and
  2. [if] absolutely none of the Electoral College members were Russian spies in 2016; and
  3. [if] absolutely none of the Electoral College members votes were influenced by Russian active measures in 2016; and
  4. [if] Russia/Russian’s active measures had absolutely had zero impact on the electoral process, calculus, or vote tally systems. 

The foregoing facts were found to be true or assessed with high confidence, therefore the rules of the Electoral College were valid. Since no election issue was found at the Electoral College in 2016, and there were no issues with vote tallying, it is appropriate to hold that Russia did not impact the outcome of the 2016 election. On this point, the facts show that the outcome was 304 Electoral College votes cast for Trump, by valid members, of their own free will. The rules are 270 votes were required to become president, and when the rules are applied to the facts Trump received 304, therefore, Trump decidedly won and legally became the new legitimate POTUS. Finally, having considered the foregoing facts, we may also infer that it is critically important to protect all elements that are used in the electoral process, calculus, tally systems, and the electorates, for the purpose of ensuring the security of our election.

2016 U.S. Presidential Election Conclusions

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WHEREAS:

Whereas, the Electoral College determines our election outcome and the foregoing statements of fact or high confidence assessments logically and definitively establish that Russia had absolutely zero impact on POTUS Trump’s election because Russia did not influence the Electoral College, its members, processes, calculus, or vote tally. And whereas, the “Investigation Into Russian Interference in the 2016 Presidential Election” report comprehensively explored the issue and made no reference to the Electoral College.

WHEREFORE:

Wherefore, as a matter of fact and law the appropriate finding is: (1) that Donald Trump is our legitimate President, dully elected through 304 Electoral College votes with no help from Russia; (2) the Investigation Into Russian Interference in the 2016 Presidential Election bore fruits of a poison tree where fraud in its inception (in breach of Fed. R. Civ. P. Rule 50) occurred such as FISA surveillance application manipulation, was tainted where highly-partisan investigators were chosen to lead the investigation and whom subsequently erred where they inappropriately expanded scope, duration, and targeting of Trump, family, and associates, leaked select partisan facts to the media, all while marginalizing relevant Democrat adverse activities; (3) the U.S. national security apparatus must place a very high priority on securing our Electoral College moving forward because it is vital to the U.S. election outcome.


*NOTE-1: According to volume 1 of the Muller report, stolen credentials were used in June 2016 to penetrate State 4's voter registration database “In mid-July 2016, Illinois discovered anomalous network activity, specifically a large increase in outbound data, on a Illinois Board of Elections' voter registry website … the attack resulted in data exfiltration from the voter registration database … State 4 shut down the voter registration system for about eight days to contain the attack” (DOJ, 2019). This database is not the same as the vote tally system.

SIDE BAR-1: 42 USC § 10607

Did the FBI have an obligation to notify Trump when they discovered Russian’s Targeting him as per 42 USC § 10607? … You decide:

42 USC § 10607 services to victims, (c) Description of services, relevant subsections

(2) A responsible official shall arrange for a victim to receive reasonable protection from a suspected offender and persons acting in concert with or at the behest of the suspected offender.

(3) During the investigation and prosecution of a crime, a responsible official shall provide a victim the earliest possible notice of—

(A) the status of the investigation of the crime, to the extent it is appropriate to inform the victim and to the extent that it will not interfere with the investigation; et. Seq.

(6) At all times, a responsible official shall ensure that any property of a victim that is being held for evidentiary purposes be maintained in good condition and returned to the victim as soon as it is no longer needed for evidentiary purposes.

SIDE BAR-2: Fed. R. Civ. P. Rule 50

Should the special Counsel have been blocked at its inception where there was insufficient finding of facts to support probable cause or even suspicion of Trump? … You decide:

It now appears that early investigations of the Trump campaign were not properly predicated, and but for manipulation of the facts by FBI Attorney Kevin Clinesmith and others, a Judgment as a matter of law as per Fed. R. Civ. P. Rule 50, would likely have prevented FISA abuse and resulted in early dismissal of the case complaint for a Special Counsel.

SIDE BAR-3: Impeachment

Will any election protections in the world help us or even matter if our vote is subsequently stolen by a handful of Government officials engaging in parallel construction of a hoax to unduly support impeachment 11 months before an election? … You decide:

Russia seeks to destabilize democracy. At present time it appears the integrity and good faith conduct needs to be restored across the land, or they will succeed. Democracy is based upon a social contract that the people decide the leadership, who will then do what is best for our country. Impeachment under U.S. Constitution Article II, Section IV states “The President … shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors” (National Archive, 2019). However, our Congress has become completely politically polarized and uncivilized, some want to turn the country Communist, some want impeachment, while others are blocking e.g. management of immigration, will not support ICE, protect the border, prevent the opioid crisis, nor put forth USMCA legislation. Also, National Security personal are supposed to be neutral and objective, and there is great hope there. Where a few FBI have went rogue, this means that e.g. 5/35,000 = 99.99% of FBI are good or at least deserve the benefit of the doubt. These 99.99% of honorable people represent our greatest hope of restoring integrity in our country, and should be stepping forward and fully condemning duplicity and regaining public confidences. The same can be said for all Government personnel, especially condemnation of proponents of the "Guilty Until Proven Innocent" standard.

DISCLAIMER:

This is a draft of my personal opinion only, not intended to be used as legal conclusion or complaint, and may require further analysis and development. I am pleased that the whole world is now aware of Russia’s shameful conduct, however, it is unfortunate that the condition was conflated in an effort to weaponize the intelligence and judicial apparatus, and now House of Representatives against our dully elected POTUS.

Citations

THE SPECIAL COUNSEL REPORT:

U.S. Dept. of Justice. (2019). Report on the Investigation Into Russian Interference in the 2016 Presidential Election [PDF(s)]. Retrieved from

https://www.justice.gov/storage/report_volume1.pdf

https://www.justice.gov/storage/report_volume2.pdf.

THE U.S. CONSTITUTION:

 U.S. National Archives. (2019). The Constitution of the United States: A Transcription [Webpage]. Retrieved from https://www.archives.gov/founding-docs/constitution-transcript#toc-section-4--2.

THE U.S. SENATE SELECT COMMITTEE ON INTELLIGENCE:

U.S. Senate Select Committee on Intelligence. (2016). Russian Targeting of Election Infrastructure During the 2016 Election: Summary of Initial Findings and Recommendations [Webpage]. Retrieved from 

https://www.intelligence.senate.gov/publications/russia-inquiry .


U.S. Senate Select Committee on Intelligence. (2017). Background to “Assessing Russian Activities and Intentions in Recent US Elections”: The Analytic Process and Cyber Incident Attribution [PDF]. Retrieved from 

https://www.intelligence.senate.gov/sites/default/files/publications/ICA_2017_01.pdf .


U.S. Senate Select Committee on Intelligence. (2019). ODNI Statement on Declassified Intelligence Community Assessment of Russian Activities and Intentions in Recent U.S. Elections [Webpage]. Retrieved from 

https://www.intelligence.senate.gov/publications/assessing-russian-activities-and-intentions-recent-us-elections .


U.S. Senate Select Committee on Intelligence. (2019). RUSSIAN ACTIVE MEASURES CAMPAIGNS AND INTERFERENCE IN THE 2016 U.S. ELECTION [PDF(s)]. Retrieved from 

https://www.intelligence.senate.gov/sites/default/files/documents/Report_Volume1.pdf ; https://www.intelligence.senate.gov/sites/default/files/documents/Report_Volume2.pdf .