Sunday, January 10, 2021

How Rudy Giuliani, Lin Wood, and Sydney Powell caused untold damage to the political landscape of the United States.

Daniel Turklay 
by Daniel Turklay - Rudy Giuliani, Lin Wood, and Sydney Powell, collectively and individually, have done untold damage to the political landscape of the United States. They have preyed upon well-meaning, right-wing leaning individuals in this country and provided them hope of a different outcome to this election than what was ever possible especially after the Electoral College itself voted on 12/14. These misunderstandings are almost certainly going to carry over into the next election and the damage to our collective civics knowledge base may very well be impossible to reverse at this point. 

Powell, for example, promised us a 'Kraken' that she, for completely unexplained and legally unjustifiable reasons, intentionally concealed the contents of until 'releasing' said Kraken in a completely incompetent and mostly incoherent court filing. Anybody still grounded in legal and factual reality knew that, given the extremely tight timelines involved in challenging the results of an American election, any delay, especially an intentional delay, meant that the credibility of what was going to eventually be presented was severely compromised. The kraken was barely a whimper and I, unfortunately, was not surprised. 

Wood and Giuliani have continually thrust endless conspiracy theories and just flat-out Constitutional untruths into a vulnerable group of conservatives desperate to believe those particular lies. No, Mike Pence never had the unilateral authority to overthrow the election. No, he was not the 'head MF'er-in-charge' that could just decide to not count the votes of a slate of electors. Thank God all of that wasn't true seeing as it will decidedly NOT be Mike Pence counting the next set of Electoral Votes. Of course, that only matters assuming that the Electoral College ever gets the opportunity to participate in another election. 

The people fooled by these three clowns had the best of intentions and just wanted to believe and hang onto any shred of hope that this country was not being turned over to extreme leftists. Yes, their foundation in American civics should have been stronger so that they would not have been capable of falling for some of these lies, but shame on these three who, in my opinion, exploited their unearned positions of trust to incompetently and maliciously mislead those who looked up to them. I have spoken to many of these patriots and it's unbelievably frustrating to try to communicate with people that want the same things as you and to tell them that we're simply not going to get it in the way that they think they can. Shame on those three for causing that. 

To be clear, there were absolutely shenanigans in this election to a degree that this country has likely never seen before. Mail-in ballots were objectively stupid except that to describe them as 'stupid' would be to imply that we didn't already know exactly what the problems with them would be before it happened. The mail-in ballots were malicious, not stupid. The election probably was stolen or, more accurately, there was likely so much cheating that we'll never actually know what the true result would have been. Perhaps Biden would have won without the shenanigans. We'll never know.....BUT..... 

By and large, almost exclusively, the proper method for addressing these irregularities were proper challenges brought in the courts to challenge the results and get the remedies. The lawsuits were filed in the states and the ones that were actually heard on the merits were thrown out for a lack of evidence. Just because something happened doesn't mean it can be proven and, due to both incompetence on behalf of the above-named trio and what was likely just a dearth of actual evidence, the case simply could not be proven to the extent required to overturn the results of the individual state elections. 

It is going to be up to the state legislatures to change their state statutes to set certain regulations in stone and to fix the holes in methods and security of their elections. It will be up to those same legislatures to give those regulations teeth as to ensure that only legally and properly cast votes are counted. I have no idea if they will take those actions, but if they do not, the next election will be as sloppy and illegitimate as this one...and we'll be stuck with the results. As has been true since AT LEAST December 14th when the Electoral College met, this election is and has been over. Biden may or may not have won fairly, but he won nonetheless. The only remedies at this point are impeachment (obv not gonna happen) or repudiation at the ballot box in '22 and '24 (likely to happen). The only other option begins with the words 'When in the Course of Human Events....", but that option is binary and there are unambiguous winners and losers and the cost of losing is.....harsh. Until some group is ready to pledge their lives, fortunes, and sacred honor, we all have to operate under the Constitution that we have and, under that Constitution, Joseph Biden will be sworn in on January 20th. 

God Bless America. May we survive this and not repeat the same mistakes going forward.

Daniel Turlay is a criminal defense trial attorney practicing in Nashville. 

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