Randy DeSoto


The Michigan Supreme Court unanimously struck down Gov. Gretchen Whitmer’s COVID-19 executive lockdown orders, striking a blow for the rule of law over the whims of power-hungry Democratic governors.

“The Governor does not possess the authority to exercise emergency powers under the Emergency Powers of the Governor Act of 1945 (the EPGA), MCL 10.31 et seq., because that act is an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution,” the court said in its 7-0 opinion Oct. 2.

“Accordingly, the executive orders issued by the Governor in response to the COVID-19 pandemic now lack any basis under Michigan law,” it said.

Attorney Katherine Henry, who spent the last six months arguing against Whitmer’s orders, responded to the ruling by inviting the state’s residents to “burn your masks” and get back to business, WJBK-TV reported.

“That means burn your masks right now if you didn’t already. Open your gym and movie theater and open whatever business you have,” Henry said. “Go on and frequent whatever business you would like to go to.

“If you have a church that’s limited your services because of how you’re reading the EOs, forget that. All of those executive orders, based on COVID-19 circumstances, from 2020, they’re out, they’re gone, they’re done.”

She further noted that Whitmer, thankfully, will not be able to appeal the decision to the U.S. Supreme Court.

“Our United States Supreme Court doesn’t have jurisdiction to hear those kinds of cases. They can only answer issues about if our state law or our state Constitution violated the federal law or federal constitution,” the attorney said.

“So the highest court in the land that can answer these questions, has spoken. The decision has been rendered,” Henry continued. “So she can try and whine and complain all she wants, she’s not going to get anywhere.”

WJBK reported that one implication of the ruling is the Republican-controlled Michigan House and Senate will now have their say in which coronavirus restrictions are in effect in the Wolverine State.

Whitmer vetoed multiple bills passed by the Legislature over the summer, including one in July that directed COVID-19 patients away from nursing homes, according to The Detroit News.

The governor, not surprisingly, disagreed with the court and tried to discredit it, saying that only the Republican justices ruled against her authority under the Emergency Management Act in a second 4-3 opinion.

Whitmer has vowed to look for a way to keep the lockdowns in place.

“Right now, every state and the federal government have some form of declared emergency,” she said.

“With this decision, Michigan will become the sole outlier at a time when the Upper Peninsula is experiencing rates of COVID infection not seen in our state since April.”

Whitmer joined California’s Gavin Newsom of California and New York’s Andrew Cuomo as the poster children of power-hungry Democratic governors run amuck during the COVID-19 pandemic.

Thankfully, the Michigan Supreme Court has reminded her that in the United States the law is king, and the king is not the law.

Author: Randy DeSoto

Source: Western Journal: Michigan Supreme Court Strikes Down COVID Orders, Attorney Says ‘Burn Your Masks’

Democrats and the mainstream media like to counter President Donald Trump’s concerns about mail-in voting by pointing to Abraham Lincoln’s re-election of 1864 as an example of how the process can be trusted.

If it was good enough for Lincoln in the heart of the Civil War, some commentators argue, it should be good enough for Trump during COVID.

However, in a piece published Saturday by The Washington Post, writer Dustin Waters chronicled a mail-in voting scam that, if not uncovered, may well have changed the outcome of the 1864 presidential election in New York, the most populous state in the U.S. at that time.

The stakes in the election of 1864 were high, with supporters of the National Union Party, led by Lincoln, a Republican, intending to fight the war with the Confederacy to complete victory, securing the abolition of slavery in the entire reunited country.

Meanwhile, the anti-war Democrats known as the Copperheads, led by former Union Gen. George B. McClellan, were willing the end the war if the Southern states ceased fighting and returned to the union. Slavery would be allowed to continue where it already existed.

According to Waters, Orville Wood, a merchant from Clinton County in northern New York and a Lincoln supporter, was sent to Baltimore to visit troops from his region and check on their mail-in votes.

Though a vote for Lincoln meant prolonging the war, an overwhelming 78 percent of Union soldiers would cast their ballot for him in the 1864 election, according to

“Wood arrived at Fort McHenry in Baltimore to visit with the 91st New York Regiment. There, an Army captain suggested that there had been some ‘checker playing’ when it came to the gathering of soldiers’ mail-in ballots. These suspicions of fraud were echoed when Wood visited wounded men at the Newton University Hospital. The rumors of wrongdoing led Wood to the office of Moses Ferry in Baltimore,” Waters writes.

Ferry had been handpicked by Democrat New York Gov. Horatio Seymour to oversee the voting of New York’s enlisted men.

Wood feigned his support for McClellan prompting Ferry to take the businessman into his confidence.

Ferry told the New Yorker that the vote (apparently fake) for the 91st had already been tallied, with 400 for McClellan and 11 for Lincoln.

Wood later returned to Ferry’s office where he was instructed to start forging ballots for the 16th New York Cavalry, using a roster of names Wood had brought with him from home.

The Lincoln backer would go to uncover a conspiracy involving operations in Washington, D.C., Baltimore and extending to New York to deliver large numbers of falsified ballots for McClellan made up from rosters of “active enlisted men, wounded and dead soldiers, and officers who never existed,” according to Waters.

Wood reported it all to authorities, prompting Ferry to offer a full confession of his wrongdoing and reveal others involved in the scheme.

Several arrests followed.

“The honest electors of the state of New York have escaped an extensive and fearful fraud, a fraud in keeping with the proclivities of the party in whose behalf it was initiated, but one that, if unexposed might have subverted the honest will of the people and left the state and the nation at the mercy of those who would make peace with rebellion and fellowship with traitors,” The New York Times reported.

“Thank God for the decree that assures us that crime cannot long go unknown and unpunished.”

But for Wood’s actions, the votes in question sound like they could have swung New York into McClellan’s “win” column.

Lincoln carried the Empire State by just 6,749 votes of the over 730,000 cast, i.e. less than 1 percent.

The 16th president, however, would win the election overall in the landslide: 212 Electoral College votes, to McClellan’s 21.

Meanwhile, back in the present era, just days after Trump pointed to a New Jersey election as an example of the type of fraud possible with universal mail-in voting, a judge last week threw out its results.

On Wednesday, New Jersey Superior Court Judge Ernest Caposela ruled a new election for the Paterson City Council seat must be held in November, citing fraud involving hundreds of ballots being stuffed in mailboxes.

The ruling came after Trump again raised his concerns about mail-in voter fraud during a media briefing from his golf club in Bedminster, New Jersey, earlier this month.

For the umpteenth time, he first had to explain he is not opposed to absentee voting, where the voter has to request a ballot and by doing so verifies his or her location and status as a living person.

This is in contrast to a system where ballots are automatically mailed to every registered voter on the rolls:

“Again, absentee voting is great. You request — I’m an absentee voter because I requested, I got, and then I sent in my vote. So that works out very well. That’s what we’ve had,” Trump said.

“But now they want to send in millions and millions of ballots. And you see what’s happening. They’re being lost, they’re being discarded. They’re finding them in piles. It’s going to be a catastrophe.”

NBC News reported that more one in five mail-in ballots were rejected in New York City during the state primary in June.

As a result of the confusion, the winners in two congressional races were not declared until six weeks after the election, The New York Times reported, with doubts still lingering about who really won.

Separately, The Times published an article earlier this month by its state capital bureau chief headlined: “Why the Botched N.Y.C. Primary Has Become the November Nightmare.”

The Trump campaign has sued New Jersey and Nevada over their plans to implement mass mail-in voting.

The president is right: Universal mail-in voting invites fraud and undermines the integrity of the election.

Here’s hoping and praying that Trump wins in a landslide, and, for the sake of election integrity, there are people like Orville Wood uncovering wrongdoing along the way.

Author: Randy DeSoto

Source: The Federalist Papers: History Agrees with President Trump: Mail-in Ballot Corruption Almost Cost President Lincoln in the 1864 Election

The Federal Communications Commission announced on Thursday that ABC had been fined $395,000 for a sketch aired on “Jimmy Kimmel Live,” which includes tones from the Emergency Alert System.

The system is used on television and cell phones to warn people of impending emergencies, such as tornadoes or floods.

The Kimmel sketch called “The Texting,” which aired Oct. 3, 2018, included the EAS tone multiple times.

The FCC explained in a Thursday news release the use of the actual tone during non-emergencies is a “serious safety concern.”

“The FCC’s rules prohibit such broadcasting of EAS tones — including simulations of them — except during actual emergencies, authorized tests or authorized public service announcements,” the release reads.

“These rules aim to protect the integrity of the alert system by helping to avoid confusion when the tones are used, alert fatigue among listeners, and false activation of the EAS by the operative data elements contained in the alert tones.”

MarketWatch reported the same day the Kimmel sketch aired millions of phones across the country had received a presidential alert reading: “THIS IS A TEST of the National Wireless Emergency Alert System. No action is needed.”

On his program that evening, Kimmel introduced the segment saying, “The idea of letting President Trump send a text message to every American whenever he wants to may sound like a bad idea, and it is a bad idea.”

“But what do we do here in Hollywood when we have a bad idea? Make a major motion picture out of it,” he added.

The mock trailer showed bedlam erupting as people received texts from Trump.

ABC admitted to the violation in a consent decree and agreed to a compliance plan regarding appropriate use of the EAS tone going forward.

In addition to ABC, the FCC also hit AMC, Discovery’s Animal Planet and Meruelo Radio Holdings with fines for misuse of emergency signals.

AMC’s “The Walking Dead” twice included EAS tones in the “Omega Episode” of its television program in February 2019.

AMC has agreed to pay a $104,000 fine.

Animal Plant’s “Lone Star Law” broadcast an episode called “Thousand Year Flood,” which include a Wireless Emergency Alert tone. The channel must pay $68,000.

Finally, Meruelo’s Los Angeles radio stations — KDAY and KDEY-FM – ran a promotion for its morning show nearly 140 times, which included the EAS tone.

The company will pay $67,000 in fines.

Author: Randy DeSoto

Source: Western Journal: FCC Slams Jimmy Kimmel with Six-Figure Fine for Sketch Mocking Presidential Alert System

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