Critical Timing of Biden’s Post Election Emergency Proclamation per Insurrection Act (Updated 7-21-2024):

Why is “Trump MAGA GOP Hate Stew” simmering and about to boil over across the US?

There’s no sense in debating anymore what’s at stake in the November election: Simply put, this is all about the US democracy ending if Trump somehow wins or steals the election in 2024. And it’s not an over statement or exaggeration to say that the “wannabe dictator” Trump and his GOP MAGA movement pose an existential threat to USA democracy and worldwide western democracies. Since November 2020, the Trump MAGA GOP, including now nominated 2024 president/vice president candidates Donald Trump & JD Vance, still all refuse to accept the 2020 election results, and now they are forecasting that they will not accept the November 2024 election results if Trump loses at the ballot box.

If Trump clearly, honestly and legally wins the election outright, there’s not much that can be done in the near term thereafter other than the nation and world enduring the catastrophic consequences while beginning the long drawn out process (multiple decades/centuries) of tirelessly working and striving to reestablish some form of democracy once again.

Without a doubt, Trump is the biggest con artist/shyster/liar and fraudster in US and world history, and he has thoroughly proven how masterful he is at controlling the population masses and the political and judicial systems to achieve his selfish and evil objectives. And using the word “evil” to describe Trump is totally appropriate, just as it was, and is, for describing other past and present autocrats such as Hitler, Mussolini, Stalin, Putin, Kim Ung-yong and others of their ilk.

What are the possible election outcome scenarios?

Scenario No. 1: Trump wins the election by a large margin. As mentioned before, there really isn’t any good recourse for Dem Presidential candidate to this outcome other than conceding defeat, which is why it is so essential that all eligible US voters cast their votes on November 5, and not waste their votes on third party candidates like RFK or others, which could very well help Trump win the election.

Scenario No. 2: Trump barely wins the election by just a small margin. Certainly the Dem Presidential candidate would want to challenge the election results in this instance to the greatest degree legally and practically justified. Aside from that, if there are no irregularities or apparent fraud in the election, the Dem presidential candidate would have to accept the results. If irregularities and fraud are discovered to the degree that would reverse the outcome, then the Dem presidential candidate and DNC would need to be prepared to defend the outcome in favor of the Dem candidate in an appropriate manner, not excluding the need for current residing President Biden issuing an Emergency Executive Order in accordance with the Insurrection Act if necessary.

Scenario No. 3: Dem Presidential candidate wins the election by a large margin. Under normal times this would simply result in the peaceful process of Dem Presidential candidate being inaugurated for a second term on January 20. However, we already know from the 2020 election, that Trump and his MAGA GOP forces at all levels refused to accept the audited/verified and court upheld election results of the 2020 election. Rather than doing what was right and lawful, with Trump’s prompting, MAGA GOP supporters stormed the Capitol on January 6, 2021 in an organized violent Insurrection/Coup Attempt, disrupting the Congressional process of certifying the election, resulting in multiple deaths, injuries and property damage, all while Trump calmly watched the Capitol attack for hours from the White House without doing anything to stop it.

Scenario No. 4: Dem presidential candidate barely wins the election by just a small margin. Certainly the Trump candidacy would challenge the election results extensively in this instance to the greatest degree legally and illegally possible, and just as was the case in the 2020 election, even if no legitimate irregularities or fraud are discovered by the MAGA GOP, it can easily be predicted that Trump would not concede to the Dem presidential candidate. With no respect for the Constitution and our laws, just like before, Trump and the MAGA GOP leadership will be chanting  “FIGHT-FIGHT-FIGHT WITH ALL YOUR MIGHT, AND STOP THE STEAL”, which would in all likelihood result in major civil unrest, and much more death and destruction than what was experienced on January 6, 2021. It is therefore imperative that current President Biden be prepared to defend the outcome of the election and continue on with his term (even past January 20, 2025) in accordance with the Constitution and US laws to protect our nation and the world from autocratic rule in an appropriate and timely manner by promptly issuing an Emergency Proclamation/Executive Order under Insurrection Act, and enjoin Constitution/law abiding United States governors & the Washington DC Mayor to do the same in their jurisdictions.

The enormously challenging and bad part at this point in history for our US leadership (POTUS/CiC & Military) is trying to prepare and anticipate the needed timing and extent of domestic deployment in order to provide an adequate defense capable of shutting down and defeating a much broader and intense MAGA GOP insurrection/coup (compared to January 2021) in a manner to optimally minimize collateral deaths and property destruction. And the issuance of the Emergency EO should strictly be an Executive prerogative per the Constitution, and not be delayed, canceled, diminished or withdrawn by other branches of government (legislative/judicial), which are not conducive to implementing and expediting needed emergency action at a time of national crisis/disaster.

And understand, the Electoral College process for electing the US president and vice president, although legislatively amended in 2022 following the Trump MAGA GOP January 6 Insurrection/Coup, still has many imperfections and uncertainties, which in all likelihood will be misapplied/undermined and illegally violated by MAGA GOP controlled state governments to distort/diminish the actual voting results for individual states to wrongfully favor Trump. No longer does the Vice President have the official authority of certifying the Electoral College Results before Congress (as VP Pence did in 2021), but rather, now the current VP (Kamala Harris) just serves in a ceremonial role in this process, with the sole approval of the Electoral College Results coming exclusively from Congress. The Electoral College process as amended in 2022 is summarized below, with some notations related to inherent flaws in the process. During the Electoral College certification process of the 2020 election results, Trump MAGA GOP took definitive steps in an attempt to form slates of fake illegal electors contrary to established law and election results, and instead illegally chose fake electors favoring Trump in seven states (AZ, GA, MI, NM, NV, PA & WI). The fake electors matter is still under investigation, and has resulted in numerous state and federal indictments of the Trump MAGA GOP hierarchy (including Trump’s attorneys, chief of staff, etc.) for violating state and federal election laws. Given the latter, there is no reason not to expect that the Trump MAGA GOP will attempt the same elector shenanigans in the 2024 elections.

It is essential that the current Office of the President (POTUS = Joe Biden), acting under the authority of the office, and as the Commander-in-Chief (CiC) of US Armed Forces, in conjunction and close consultation with the Secretary of Department of Defense (DoD Secretary Lloyd Austin), closely monitor the election and Electoral College certification process for election subversion, and the repercussions thereof, to determine the necessity, timing and extent of a POTUS Proclamation of Emergency Executive Order (under the Insurrection Act) to restore law and order as warranted as related to the proper execution of federal elections in accordance with US Constitution and applicable laws for the ultimate purpose of maintaining continuity of the US government. If there is no legal and Constitutional resolution to the matter regarding the true winner of the November 2024 Presidential Election, the current President Joe Biden would continue on as president along with VP Harris, until the law & order is restored, and the matter is resolved, or another presidential election is held.

Electoral College Process:

First, recognize that US president & vice president are not elected by the majority of the popular vote, but rather are elected based on which candidates get the most Electoral College (EC) votes. Electoral College (EC) votes in 2024 are allocated to the individual US states based on the 2020 population census records (e.g., total EC for all states = 538, EC votes needed to win = 270, CA has most = 54, WY has least = 3). In the general election in November for US president & VP, 48 of the 50 US states & Washington DC award EC votes based on “winner take all” (e.g., candidate in CA who wins popular vote, receives 100% EC votes = 54). The exception states are Nebraska & Maine, who traditionally have split their state EC votes according to which candidates win in each of their congressional districts (1 EC vote/district), and the two additional EC votes these states have are split proportionally based on the statewide popular vote. Any State legislature could enact legislation that would change how the Governor (or Mayor of DC) appoints its electors, as long as the legislation is enacted before Election Day in the Presidential election year. There is no Constitutional provision or Federal law that requires electors to vote according to the results of the popular vote in their States, so the States may decide to use something other than their State’s popular vote results to direct how their electors vote. A State legislature could therefore require that its electors vote for a candidate who won the national popular vote even though they did not receive a majority of the popular vote in its State.

Electoral College Key Dates (Published July 6, 2023):

https://www.archives.gov/electoral-college/state-officials/so-key-dates

DATES for State Officials:

November 5, 2024—Election Day (the first Tuesday after the first Monday in November*).

  • *States that appoint electors by popular vote (currently all) may include a modified voting period necessitated by force majeure events that are extraordinary and catastrophic as part of ‘election day’. The voters in each State choose electors that the Executive (governor or mayor of DC) appoints to serve in the Electoral College.

By December 11, 2024—deadline for issuing and sending Certificates of Ascertainment (at least six days before meeting of the electors given below). As soon as election results are final:

  • Prepare your Certificates of Ascertainment.
  • Send ONE (1) Certificate of Ascertainment to the Archivist of the United States.
  • Retain SIX (6) original Certificates of Ascertainment to provide to the electors for the meeting of the electors.
  • Note: Federal law prescribes an expedited procedure for resolving disputes before this deadline (see 3 U.S.C. §5).

December 17, 2024—electors meet and vote (the first Tuesday after second Wednesday in December) in each state to select the President and Vice President of the United States.

  • Prepare your Certificates of Vote.
  • Pair with retained Certificates of Ascertainment.
  • Send your paired Certificates of Ascertainment and Vote.

By December 25, 2024—electoral votes must be sent to arrive to designated Federal and State officials who must receive the paired Certificates no later than the fourth Wednesday in December.

DATES of General Interest:

On or before January 3, 2025— Transfer of EC Certificates occurs in late December or early January when OFR’s Legal staff meets with representatives of the Secretary of the Senate, the Clerk of the House, and Congressional Parliamentarians; at which time, Archivist transfers Certificates to Congress as requested as the new 2025 Congress assembles (or per request when the Senate or House of Representatives does not receive its set of Certificates on time).

January 6, 2025—Congress counts electoral votes at a joint session of the Senate and House of Representatives to count the electoral votes (unless Congress passes a law to change the date). The President of the Senate, the Archivist of the United States, and other designated Federal and State officials must have the electoral votes in hand at this time.

January 20, 2025, at Noon—Inauguration The President-elect and Vice President-elect take the Oath of Office and become the President of the United States and Vice President of the United States, respectively.

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