SCOTUS DOCKET #17-857: In Re Larry Shane, et al.,Petitioners: https://www.supremecourt.gov/search.aspx?filename=%2Fdocket%2FDocketFiles%2Fhtml%2FPublic%2F17-857.html
This is a nationwide U.S. Constitutional case of first impression. Only the United States Supreme Court has nationwide jurisdiction to determine the propriety of last year’s Electoral College presidential vote.
The use of the writ of mandamus by that Court to protect the judicial process, including the power of, and to prosecute, is necessary to keep the current U.S. Attorney General and the U.S. President from interfering with, or terminating, the investigation and thereby obstructing justice.
Time is of the essence; one year has already elapsed. Only the Supreme Court’s taking charge of, and accelerating the process , can bring about a result which affects the terms of those persons who taken have office on the basis of the last Electoral College vote. Empowering the Electoral College, establishing its procedures and conducting a re-vote by that body are all time consuming. Only the Supreme Court can expedite the creation of new nationwide process within the Electoral College to bring about a meaningful remedy. Neil K. Evans, Esq.
This Petition for a Writ of Mandamus has been submitted as an original action by Citizen petitioners from 5 swing states, because only the Supreme Court can address a National Security crisis and failure to adhere to the Constitution of this historically unprecedented magnitude; particularly when the Congress and the Executive Office are in the hands of one party – with so many leaders of this one party, including the President and the Vice President and the Attorney General, currently under investigation for collusion with a hostile foreign nation.
The Court’s original jurisdiction is for matters of national crisis. America is faced with a crisis of historically unprecedented magnitude – with a President who has allowed a Russian Dictator “to gain an improper ascendant in our councils,” which is exactly what Hamilton feared in Federalist No, 68.
Petitioners have original standing as citizens.
Excerpt: “An action of this nature can be brought if there is no other adequate, specific, legal remedy.” Marbury v Madison, 5 U.S. 137, 150 (1803)
This Petition asks the Court first – to appoint Robert Mueller as a Special Master to continue what he and his team are currently investigating as well as investigate the failure of the electoral process. A Special Master is beholden only to the United States Supreme Court, with the full power and authority of the Court to empower the investigation. The Court’s appointment of a Special Master would immediately remove the investigation currently underway from the corrupt Republican partisan political arena, to the non partisan realm of the Court, which Madison believed would be under the control of impartial Justices.
Only the Supreme Court can provide a nonpartisan arena. It is fallacious and negative to assume the nine Justices (or a majority) are not Patriotic – or unconcerned with the Russian Cyber-war invasion, and the empirical failure of the Electoral process to adhere to the Constitution & Framers’ intent. It is simply wrong to assume Justices of the U. S. Supreme Court believe our Republic can co-exist with treason.
And wrong to assume that Republicans with critical integrity, like Richard Painter and David Frum, are not outraged by pathological liars and acts of Treason regardless of their former party!
Excerpt: Facts: “James Clapper, Director of National Intelligence, Admiral Marcel Lettre, Undersecretary of Defense for Intelligence, and Admiral Michael S. Rogers, USN Commander, U.S. Cyber Command Director, National Security Agency, 5 January 2017, Joint Statement for the Record to the Armed Services Committee, Foreign Cyber Threat to the United States: Cyber Warfare is a 21st Century form of invasion: hacking, propagandizing, stealing campaign plans and voting rolls, to serve Russia’s interest in disrupting Democracies and controlling the affairs of the United States; of which is invasion by an enemy.’ … ‘Cyber Threat Actors: Russia. Russia is a full scope cyber actor that poses a major threat to U.S. Government, military , diplomatic, commercial and critical infrastructure and key resource networks because of its highly advanced offensive cyber program and sophisticated tactics, techniques, and procedures …” “unclassified.” https://www.armed-services.senate.gov/download/17-01_01-05-17
Imagine what was classified and known prior to 11/8/16…
The Court has the Constitutional right to protect our Democracy from a foreign invasion:
Article IV, Section 4 of the United States Constitution states: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or the Executive (when the Legislature cannot be convened) against domestic Violence.”
Convene a legislature controlled by the Republican party and the Party of the President that is complicit in the invasion?
The Court has the right and power to enforce violations of the Constitution & the Framers’ intent: The United States Constitution, Article II, Section 1, provides: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”
Excerpt: The Electoral College process mandated in Article II, Section 1. of the Constitution was not followed if more the 50 Republican Electors were not Constitutionally qualified.
It is self-evident the Electors did not follow the explicit instructions set forth in the Federalist Papers by Madison and Hamilton regarding the Framers clear intent for Electors to serve as a safeguard to not confirm a President Elect with deficiencies described as follows:
Excerpt: Alexander Hamilton wrote, in regard to the means of election of the President: “Nothing was to be more desired than that every practicable obstacle should be opposed to cabal, intrigue, and corruption. These most deadly adversaries of republican government might naturally have been expected to make their approaches from more than one quarter, but chiefly in the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this than by raising a creature of their own to the chief magistry of the Union?” The Federalist, No. 68 (Alexander Hamilton)
The Electoral process critically failed the first time in our Nations history that so much depended upon Electors acting in accordance with the Framer’s intent underlying the most fundamental reason for the Electoral College.
Additionally, the Petition asks whether Electoral College and Electors should be directed to adhere to the Constitution and the original intent of the Framers, clearly expressed in the Federalist Papers, to avoid in the future – the clear and present danger caused by not following Hamilton’s explicit mandate in Federalist No. 68.
Excerpt: “Donald Trump’s election is the embodiment of what Hamilton feared: a Russian dictator has gained “an improper ascendant in our councils.”[17]
[17] See also Article III, § 3, “Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.”
Excerpt: A United States District Court, over forty (40) years ago, held that: “Protecting the integrity of elections particularly Presidential contests is essential to a free and democratic society. … It is difficult to imagine a more damaging blow to the public confidence in the electoral process than the election of a President whose margin of victory was provided by fraudulent registration or voting, ballot-stuffing or other illegal means.” Donohue v. Board of Elections of New York State, 435 F.Supp. 957, 967 (E.D.N.Y. 1976).
Excerpt: The Ninth Amendment states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people:
Excerpt: ”Free and Fair Elections are the Lifeblood of Democracy and Individual Freedom.
Excerpt: “In Griswold v. Connecticut, 381 U.S. 479, 493, 85 S. Ct. 1678, 1686, 14 L.Ed.2d 510 (1965), Justice Goldberg, writing in concurrence, noted: ‘Nor am I turning somersaults with history in arguing that the Ninth Amendment is relevant in a case dealing with a State’s infringement of a fundamental right. While the Ninth Amendment—and indeed the entire Bill of Rights—originally concerned restrictions upon federal power, the subsequently enacted Fourteenth Amendment prohibits the States as well from abridging fundamental liberties. And, the Ninth Amendment, in indicating that not all such liberties are specifically mentioned in the first eight amendments, is surely relevant in showing the existence of other fundamental personal rights, now protected from state, as well as federal, infringement.’ ”
The 9th Amendment provides for a Citizen’s right to a “free and fair” election. Our Democracy is the role model for free and fair elections, and serves as the role model for the globe.
Excerpt: Prelude to Conclusion:
“The Russian Cyber invasion of this country needs to be strongly rebuked and fully remedied without giving any consideration to politics; and the way in which the Electoral College process needs to be broadened so as to adhere to the original intent of the Founders.
A Russian Cyber War attack on the integrity of America’s free and fair elections, elections that have been a beacon of freedom for emerging Democracies and existing Democracies throughout the globe, must be defeated by the exercise of the full authority of the Supreme Court of United States to reassure all Americans and the Nations watching that the United States is fully prepared to defend itself from without and within so that the right to life, liberty and the pursuit of happiness is preserved.”
The new Petition is available for review by interested parties upon request. There is a blanket agreement from Petitioners for Amicus briefs and anything our lead attorney deems necessary regarding additional counsel.
Henry Schoenberger: 216-752-3244; Larry Shane: 216-536-1446; Neil K. Evans Esq.