The Culture War - Tim Pool - SCOTUS Rules AGAINST America, PROTECTS Voter Fraud

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00:00:54.120 Today, the Supreme Court issued a devastating defeat for the Republicans and, dare I say, for this country by ruling that votes can be counted after Election Day, which defies the definition of day.

00:01:10.000 It actually defies the Cambridge definition of the word election, and it flies in the face of the law set forth by Congress, specifically because of issues that were affecting this country pre-Civil War, which some believe may actually have contributed to the Civil War.

00:01:27.880 That is, if we don't trust the elections that are happening in this country, why would we trust the government itself?

00:01:34.600 Barrett issued the majority opinion five to four.

00:01:39.600 And dare I say again, it's seemingly nonsensical.

00:01:43.880 She makes almost no argument whatsoever as to why an individual can cast a ballot and

00:01:49.440 expect it to be counted after the day of the election has ended.

00:01:55.360 Indeed, Alito wrote the dissent with great argument as to how this makes no sense at

00:02:02.720 all.

00:02:03.720 Now, this is devastating specifically because both Barrett and Alito make reference to fears

00:02:08.880 of voter fraud. Barrett's argument is, oh, well, I guess that's right. When ballots are being

00:02:16.200 counted after the election has concluded, this will create the perception of voter fraud. But

00:02:22.880 too bad for you, I suppose. They argue that because the congressional law on election day

00:02:29.780 doesn't actually define what a day is. You can cast your ballot before election day.

00:02:35.980 It can be counted after election day. And that's just up to how the state wants to do it.

00:02:41.920 Now, the reality is there is a law. It defines an election day. It defines the election as a

00:02:47.800 single day. What does this mean? My friends, if you go back to 2018 and look at the midterms,

00:02:53.320 It was actually a very, very close race. Many people believed, myself included, there would

00:02:59.760 not be what's called a blue wave. Democrats had been arguing that because of this opposition to

00:03:05.680 Trump, people were going to come out in droves and vote Democrat in the midterms, flipping the

00:03:11.800 House and taking that power from the Republican Party. Indeed, after Election Day, there was no

00:03:18.120 blue wave. Now, it's a toss up as to who would have won. I believe, in fact, Republicans may

00:03:23.120 have actually held the House in 2018, preventing the impeachment of Donald Trump. And a lot of the

00:03:29.700 fake cases that we saw, like the Russia collusion stuff, would have been over. To be fair, the

00:03:34.600 Republicans were in power and they allowed all that to happen. So who knows? If we had a ruling

00:03:40.680 that votes can only be counted on the day of an election, Republicans likely would have won,

00:03:46.840 or at least it would have been a very thin majority for Democrats, dramatically different

00:03:51.380 to what we saw. I believe right now we are looking at the the catalyst. Maybe not. Maybe

00:03:59.060 that's a bit strong, but we are looking at not just a grain of sand, but in this instance,

00:04:04.540 a boulder that pushes us down the path of civil war. The Supreme Court had an opportunity to

00:04:11.140 unite this country, very simply to unite the Democratic Party, stop the fighting amongst

00:04:17.420 themselves and actually create a definitive answer as to how voting is done in this country.

00:04:23.660 Now, Barrett herself says in the majority opinion, you know, if people think there's

00:04:29.660 fraud, well, too bad. Congress should change the law, I guess. Which really doesn't make sense

00:04:35.680 because the law already exists. Congress already acted, which is what Alito pointed out. I've got

00:04:42.080 a lot to break down, but I want to show you the Supreme Court ruling and explain what this means.

00:04:46.880 And I just want to say right off right from the get go, a country that allows ballots to be cast

00:04:53.520 after an election has already ended does not have elections. Elections are defined by Cambridge as

00:04:58.740 a time in which votes are cast to elect or appoint an individual for the purposes of

00:05:04.680 representation if there is no time frame. And further, Barrett argues certification of these

00:05:11.140 individuals may happen at the leisure of these states. This means that at any point and for any

00:05:16.620 reason, the Democratic states or even red states can just have an election. Indeed, they can. I

00:05:24.840 guess the only argument that Barrett makes is you can't. Well, no, actually, it doesn't make sense.

00:05:30.420 I think Barrett's argument is effectively you can pull and remove anybody from Congress or the

00:05:36.760 president or anywhere, any point, because there is no election at all. Suffice it to say, my friends,

00:05:42.480 Barrett and the majority argue there's actually no such thing as an election at all. The logic

00:05:47.200 behind these arguments ends with a single conclusion. We don't have to have elections at

00:05:52.760 all. We can have whenever we want. And the end result is quite simple. The right and the left

00:05:57.360 will be further torn apart. Hyperpolarization will get worse. And I think the reality here is

00:06:02.640 that Barrett being effectively the one to flip, because we knew Roberts would kind of go in this

00:06:07.020 direction. She is effectively saying, please don't hurt me. Burn the country down. Kill everyone if

00:06:15.100 you please just don't hurt me, which seems to be Barrett's through line, I suppose. Now, she's had 0.99

00:06:22.060 some very strong conservative rulings. But over the past year or so, a couple of years,

00:06:27.160 she's very much been deferential. And the Supreme Court has been pretty weird. Trump's got some

00:06:34.660 tremendous victories. Don't get me wrong. But it seems that there is no congruent ideology.

00:06:40.000 Let's read the news. Before we get started, my friends, head over to TimCast.com.

00:06:43.480 Click join now to stand with us. We have a community of around tens or tens of thousands

00:06:50.440 of individuals around. What does that even mean? We have tens of thousands of people

00:06:54.080 in the Discord talking every day, hosting their own shows, sharing their stories,

00:06:59.420 working on projects. If you're looking to be involved, this is the path forward.

00:07:04.160 Join us. Don't just sit idly by be the change you want to see, because the only way we change

00:07:10.380 these things is through community. You can argue that we got to change the law, but that doesn't

00:07:15.080 matter. It really does not, unfortunately. As we already have a law defining election day,

00:07:22.240 but the individual in, I should say, individuals in the Supreme Court don't care what the law is,

00:07:30.020 then bad people get to do bad things. Only when we apply that pressure and say,

00:07:35.540 this is how we will run the system, do things really change. So stand up, support the work

00:07:40.980 we do. Get involved. Join us at TimCast.com and be that change. Here's a story from the Supreme

00:07:48.480 Court. I'm sorry, from The Washington Post. Supreme Court rules mail-in ballots arriving

00:07:52.640 after Election Day can be counted. A decision against such ballots could have upended election

00:07:56.980 procedures in states across the country ahead of the midterm elections. The Supreme Court on Monday

00:08:01.720 appelled a Mississippi law that allows officials to tally mail-in ballots postmarked by Election

00:08:05.720 Day that arrive later. A decision that keeps voting procedures in place in several states

00:08:10.200 as the midterm elections loom.

00:08:13.060 It was an ideologically mixed five to four ruling.

00:08:15.700 Justices turned aside a challenge by Republicans and Libertarians

00:08:18.420 who argued federal law preempts a Mississippi statute

00:08:22.000 that allows the counting of such ballots that arrive up to five days after the polls close.

00:08:26.680 Well, let me show you first the definition of the word election according to Cambridge.

00:08:31.960 It defines it as a time when people vote in order to choose someone for a political or official job.

00:08:39.560 Indeed, the law, according to Cornell, states the Tuesday next after the first Monday in November in every even number year is established as the day for the election in each of the states and territories of the United States of representatives and delegates to the Congress commencing on the third day.

00:09:01.120 It says 3D day of January next thereafter.

00:09:05.240 Let me type a one there.

00:09:06.760 That is that is the day for the election.

00:09:10.640 That's it.

00:09:11.680 A day.

00:09:12.920 What does it mean to have a law that says there is a day for an election?

00:09:17.400 If ballots can be cast before that day, counted after that day, and the individuals duly elected

00:09:25.460 by their argument, can be certified and approven at any random moment with no definition.

00:09:33.920 Now, if you ask a regular person what an election is, I don't think they're going to tell you that

00:09:38.660 you'd be able to cast a vote and then some procedural mechanism, a bureaucrat, can say,

00:09:44.040 I'll let you know when the election's concluded because the elections do not conclude on this day.

00:09:51.080 So what does it even mean to have an election?

00:09:54.220 The most shockingly, shockingly insane and egregious thing I have ever seen.

00:10:01.980 Suffice it to say, my friends, I did not expect this.

00:10:05.080 I actually argued and believed at bare minimum the Supreme Court would rule.

00:10:11.020 You can have your mail-in votes.

00:10:12.340 You can have your absentee votes.

00:10:13.840 Just when the day is over, the election has concluded.

00:10:18.260 And indeed, they went the complete other direction.

00:10:21.320 that ballots can be received when the election is done. That's it. The election's over. Don't

00:10:27.960 worry. We'll still keep taking votes after the fact, which makes no sense. I'll give you some

00:10:33.280 of the writing. Now, what's shocking to me in this argument written by Amy Coney Barrett,

00:10:37.300 there's no actual argument. I'm sorry, but there's literally no actual argument.

00:10:44.660 Amy Coney Barrett incorrectly states Congress did not set a deadline for receipt,

00:10:49.720 but they did. It says the day for the election. I would put it like this. This is rules lawyering

00:10:58.640 to the most extreme degree. If you go to the founding fathers and say you think the election

00:11:04.680 day should happen at some point in November and then, you know, at the time, the founding of this

00:11:09.980 country, the actual swearing into the president would be in March, not in January. Do you believe

00:11:15.680 that everyone can cast their vote and then the states will just decide when when they can take

00:11:20.900 the votes randomly? They'd say, no, everybody comes out on a day. They own vote. Indeed. How

00:11:26.500 is it an election? It's I just I'm I got to say this. Barrett's argument is that there's just a

00:11:36.160 perpetual ever state. That is January 1st, cast your vote for the president four years from now.

00:11:42.380 doesn't matter. There is no there's no time frame. Despite the fact that the election day is set by

00:11:47.820 Congress, I can only say that Amy Coney Barrett intentionally wants to fan the flames of chaos

00:11:54.500 in this country, or she is scared that if she stops this, someone or some organization is going

00:12:00.460 to harm her. Because, again, I can understand the liberal justices making an argument that you can

00:12:06.000 cast your ballot four years in advance and it can be counted four years after the fact.

00:12:10.060 I'm not kidding when I say this. Amy Coney Barrett's argument is that you can cast your

00:12:17.100 ballot 20 years in advance and it can be counted 20 years later. Now, of course, functionally that

00:12:22.860 would make no sense, but that's literally what our argument is. Let me read a bit here from the

00:12:29.460 syllabus and they give you the findings. It says the federal election day statute set the day for

00:12:34.920 the election of the representative senators and the president on a Tuesday in November.

00:12:38.860 Mississippi permits certain residents, such as college students away from home and senior citizens, to vote in federal elections by absentee ballot.

00:12:45.860 Mississippi is one of roughly 30 states that count at least some absentee ballots mailed by Election Day but received afterward.

00:12:52.800 Absentee voters in Mississippi may dispatch their ballots by mail or common carrier, and all absentee ballots must be postmarked on or before that date of the election and received by the registrar no more than five business days after the election.

00:13:07.160 Now, this is pertaining to Mississippi.

00:13:10.440 And perhaps the real issue is that you will have to file a lawsuit in California where

00:13:14.180 this is not the rule.

00:13:15.020 In California, in fact, they don't need to be postmarked at all.

00:13:19.960 In fact, they can be hand dated.

00:13:22.560 And if they are received after Election Day, you require two independent election officials

00:13:27.860 to certify beyond a reasonable doubt that was the case.

00:13:31.460 Otherwise, that ballot shall count.

00:13:33.760 in 2024 the rnc the mississippi republican party and various individuals sued the mississippi

00:13:41.420 secretary of state first and several election officials contending that federal law prevents

00:13:45.520 mississippi from counting absentee ballots received after election day according to

00:13:50.280 plaintiffs the election day statutes use the word election to refer to two acts ballot casting and

00:13:55.380 ballot receipt so by setting the day for the election these statutes set the deadline for both

00:14:00.420 The Libertarian Party of Mississippi filed a similar suit. The district court consolidated the cases and then granted summary judgment to Mississippi. The Fifth Circuit Court reversed, holding that Mississippi statutes is preempted because the federal Election Day statutes require ballots to be received by Election Day held.

00:14:19.420 The federal Election Day statutes do not prevent Mississippi from counting absentee ballots postmarked by Election Day, but receive it to five days thereafter.

00:14:30.160 Nothing in the federal Election Day statutes requires ballots to be received by Election Day.

00:14:36.140 And that sentence says it all.

00:14:39.420 I have no idea how they could have issued such a psychotic ruling.

00:14:44.940 I'm going to say it again.

00:14:46.760 The argument put forth by the majority states that a ballot can be received 100 years later

00:14:52.100 and it can be deemed legitimate.

00:14:55.360 Now, of course, don't get me wrong.

00:14:57.940 They would also argue it's moot about received 100 years later.

00:15:01.780 They're all dead.

00:15:02.580 But they could literally then retroactively say we found a box of ballots from 30 years

00:15:07.980 ago.

00:15:08.160 It turns out George W. Bush never won.

00:15:12.200 But then what does that mean?

00:15:13.720 Oh, this could be very interesting.

00:15:14.960 If the argument is that ballots can be received at literally any point in time.

00:15:22.500 They could make the argument that George W. Bush was not the president and thus

00:15:26.300 sue to rescind his executive orders as illegitimate.

00:15:31.440 Certainly they'd have an argument, right?

00:15:33.500 Hey, we found a box of old Gore votes.

00:15:35.780 They were never counted. 0.97

00:15:37.180 Holy crap, he won Florida. 0.95

00:15:39.020 Looks like Gore was actually the real president. 0.90

00:15:41.240 Well, we can't make him the president, but we can challenge the legitimacy of anything George W. Bush did. 0.91

00:15:48.920 Now I know I'm being silly.

00:15:51.140 The point ultimately is this. 0.60

00:15:52.560 In the extreme end, you could argue that Trump lost 2024 right now.

00:16:00.020 Indeed, if ballots can be received literally at any point with no deadline,

00:16:05.180 what happens if Democrats come out right now and say,

00:16:07.700 We found 100,000 ballots in several states. Kamala Harris is the actual president.

00:16:14.140 Could she then sue and say these ballots are legitimate, were counted just a year and a half 1.00

00:16:19.680 late? Well, Congress said so. Don't get me wrong. It's not going to happen. The point that I'm

00:16:24.280 bringing up is that no one will believe ever again that any election is real because we expected our

00:16:30.260 elections to be a day in which you go out, you vote, you go home, your vote's counted. At the

00:16:35.160 the day, we all say who won. Indeed, that is how it's always been. Even when I was a kid,

00:16:40.700 even with Obama, even Obama round two, even Donald Trump in 2016. This all just fundamentally

00:16:47.760 changed with universal mail-in voting in 2020, which needs to be struck down. 0.99

00:16:54.480 So let's jump to where Amy Coney Barrett makes her psychotic arguments. Justice Barrett delivered 1.00

00:17:00.900 the opinion of the court. Three federal statutes at the day for the election. We understand this

00:17:05.380 point. She writes, the Constitution's election clause empowers state legislatures to prescribe

00:17:10.620 the times, place and manners of holding congressional elections. By default, however,

00:17:16.240 responsibility for the mechanics of congressional elections belongs to the state.

00:17:20.120 As Alexander Hamilton put it, the Constitution lodges power over congressional elections and

00:17:25.000 state legislatures primarily and in Congress ultimately. The constitution system for

00:17:31.560 presidential elections is similar. State legislatures may direct the manner of appointing

00:17:36.780 electors to vote for the president and vice president, but Congress may determine the time

00:17:41.760 of choosing the electors and the day of which they shall give their votes. Initially, Congress

00:17:49.300 allowed states significant leeway with respect to the timing of elections. States had a 34-day

00:17:54.300 window to appoint presidential electors and exercise total control over the timing of other

00:18:00.620 federal elections. They're going to mention many citations. Let me let me clarify this point right

00:18:05.480 here. That is, I believe December 14th is the day by which the presidential electors must cast their

00:18:12.240 votes. My argument on the timing of elections received as to who the electors will be, you

00:18:18.640 could argue that let's let's let's break down the nitty gritty of how the election process works.

00:18:22.060 When you vote for the president, you're voting for an elector who then goes to the Electoral

00:18:25.420 College and cast that vote.

00:18:26.360 I'm actually a big fan of the Electoral College.

00:18:28.560 Now, what happens if they say these votes that came in later change the legitimacy of

00:18:33.100 the argument?

00:18:33.800 It's not so much that I genuinely believe someone's going to flip the presidency from

00:18:37.520 Trump to Kamala now a year and a half later.

00:18:39.560 That's not how things work.

00:18:41.020 It's that they will use this to undermine the government.

00:18:45.220 They will use this to undermine confidence in our system, our economy, et cetera, and

00:18:50.880 argue that certain laws are unjust. Such is a catalyst for psychotic individuals to kill people. 0.75

00:18:58.440 What happens when they argue they found 100,000 ballots that weren't count and thus they should

00:19:02.960 be legal, according to Barrett's argument? And they say Trump must be stopped by any means

00:19:07.260 necessary because he is a false president. Now, certainly we've already been in that territory

00:19:11.500 because Democrats have largely argued Trump never won in the first place. Even today,

00:19:15.860 though it's not as mainstream as it was in 2016, there are Democrats on Reddit and prominent forums

00:19:20.520 arguing that Trump never actually won and he cheated. In fact, Ashley St. Clair, who mothered

00:19:26.780 a child with Elon Musk, argues that Elon explicitly told her he was using his secret weapon,

00:19:32.500 satellites, to somehow manipulate the election to make Trump win. And there are many people who

00:19:37.640 believe Trump is not the legitimate president. Moving on, she says allegations of fraud continue

00:19:44.260 to plague the election of representatives, which still took place on different days in different

00:19:48.180 states. Having one election day for the president and another for representatives was also burdensome

00:19:53.580 because citizens were forced to turn out to the polls on two different election days. Plus,

00:19:59.140 the results in states with early elections could influence voting in states that had lagged behind.

00:20:04.720 They go on to mention, she mentions, Congress. So in 1872, Congress intervened again,

00:20:10.920 mandating that the election of representatives to also take place on a single day,

00:20:14.080 the same Tuesday, specified in the presidential election day statute. Mind you, 1872 is the time

00:20:21.440 of Reconstruction, when the South was considered to be markedly weak and occupied by the North.

00:20:29.060 Their representatives were considered to be somewhat deferential to the North.

00:20:33.760 After the ratification of the 17th Amendment, Congress required senators to be elected on the

00:20:37.560 same day as representatives. Act of June 4th, 1914. Today, each of the three election day

00:20:43.740 statutes set the day for the election on a Tuesday in November. In her nation's early years, voters

00:20:49.040 had to cast their ballots in person in the district where they lived. She goes into mention many other

00:20:54.000 citations. The difficult thing in reading this stuff is that it's just littered with citation.

00:20:58.940 Public assembly was not just a matter of meritment. It also helped ensure that those,

00:21:03.260 only those qualified to vote did so. Then we get a big spattering of citation.

00:21:09.640 Ballots were cast in the company of neighbors and under the watchful eyes of community leaders.

00:21:14.380 Indeed, for instance, under the Pennsylvania Constitution, a voter had to vote in an

00:21:17.620 appropriate election district in order that his neighbors might be at hand to establish his right

00:21:22.180 to vote if it were challenged. Things started to change during the Civil War when some states

00:21:27.160 allowed soldiers to vote from afar by absentee ballot. Due dates for absentee ballots have

00:21:32.860 shifted over time. During the Civil War, states that allowed absentee voting imposed an election

00:21:37.580 day deadline for ballot receipt. We get it. Mississippi among them. In Mississippi, certain 0.95

00:21:43.360 residents like college students away from home and senior citizens may vote in federal elections by

00:21:47.760 absentee ballot. In 2024, the RNC, they sued. We get it. Moving forward. She goes on to mention

00:21:53.560 what the courts did. Now, mind you, I will stress so far, not a single argument has been made as to

00:21:59.720 why the law set forth that establishes a day for the entirety of the election does not actually

00:22:06.760 qualify. She, in fact, does not make an argument. She says, although the election day statutes refer

00:22:12.680 to a particular day for the election, plaintiffs do not contend that everything must occur on that

00:22:17.500 day. For instance, they do not object to early voting or dispute that officials may count votes

00:22:22.820 and certify a winner after election day. Indeed, Barrett doesn't actually have an argument as to

00:22:28.860 why that day is not a day. Just that plaintiffs did not argue that a day is a day. Just that this

00:22:37.640 narrow case, counting ballots after that day, should not count because the election happens

00:22:42.620 on that day. Finally, she says not about the Constitution. We do not consider the scope of

00:22:48.480 Congress as an authority. The federal election day statutes do not preempt Mississippi's law.

00:22:52.740 The defining element of an election, the term used in all three federal statutes,

00:22:56.380 has always been the electorate's choice of candidate and a related federal statute,

00:23:02.980 the Uniformed and Overseas Citizensy Absentee Voting Act. As we have said before,

00:23:06.840 the federal election day statutes simply regulate the time of the election.

00:23:10.580 OK, so what does that mean? What is the time of the election? You vile human being.

00:23:18.360 The statute governing presidential elections provides that presidential electors shall be

00:23:22.260 appointed in each state on election day in accordance with the laws of the state enacted

00:23:26.820 prior to election day. Interesting. They must be appointed on that day. Sounds like a member of

00:23:33.040 Congress. The electors for president must be appointed on that day unless there's electors

00:23:38.220 for a member of Congress. She adds election day is defined as the Tuesday next after the first

00:23:43.820 Monday in November and every fourth year succeeding every election of a president and vice president

00:23:47.620 held in each statute. The statute governing House elections establishes the day for the election.

00:23:52.260 of representatives as the same Tuesday in November and every even number year to USC 7.

00:23:59.160 I read that one to you, right? The calendar for Senate elections follows suit.

00:24:03.280 Senators are elected at the regular election. At which election? We get it. By setting the day for

00:24:09.440 the election, the statute set the day when the electorate must make its choice. It is a fundamental

00:24:13.940 canon of statutory construction that words generally should be interpreted as taking

00:24:18.100 their ordinary meaning at the time. Now, Alito argues against this. He says, if the election

00:24:24.280 were to have held place with but a single individual, it would be presumed that election

00:24:29.000 day is when that single individual makes known their intention and announces who they have

00:24:35.520 chosen. But because we are dealing with a large body of people, we expect this day to follow

00:24:42.060 similarly, that this is the day in which the people make their choice known and the people

00:24:46.960 announce who that person will be, not that we will wait weeks later to determine who is actually

00:24:56.580 going to be. We do it on a single day. For what argument? In fact, I will stress again, Amy Coney

00:25:03.920 Barrett actually does not make one. She says at all relevant times, the word election was understood

00:25:09.280 to mean the act of choosing a person to fill an office. Webster, an American dictionary of the

00:25:14.500 English language. She cites, well, I cited Cambridge. You see the point? She goes on to

00:25:21.780 say, we have likewise defined election as the expression of the electorate's choice.

00:25:26.400 Agreed. So the expression of the electorate's choice should be on that day. Okay, let's remove

00:25:32.920 the word election. Let's use the word election to what Amy Coney Barrett has argued, the expression

00:25:38.420 of the electorate's choice. Now let's read the law. The Tuesday next after the first Monday in

00:25:43.540 November and every even numbered year is established as the day in which we see the

00:25:48.040 expression of the electorate's choice in each of the states and territories of the United States.

00:25:52.360 Now, what would that mean? Specifically, it would mean we we would hear the pronouncement

00:25:58.480 here is who was chosen. On the Tuesday after the first Monday in November,

00:26:04.220 that means we must know definitively by election day who the choice is.

00:26:11.400 For what argument does she have?

00:26:14.500 The electorate's choice is made when voting is complete, not when ballots are received.

00:26:18.720 The most recent amendment to the presidential election day statute bears this out.

00:26:22.980 In 22, Congress asserted the phrase election day into that statute and marked that day a specific day in Tuesday.

00:26:28.900 It then created an exception.

00:26:30.420 When states modify the period of voting in response to certain force majeure events,

00:26:36.080 the term election day shall include the modified period of voting.

00:26:39.760 that Congress defined election day with reference to voting indicates that voting

00:26:43.860 is the act governed by the statute. You see, what she's done here is the inverse.

00:26:48.900 The states do not get to enact their will over the federal law. Congress has enacted a law,

00:26:57.840 election day, simply because the states have acted that there may be some exemption does

00:27:01.920 not give them the authority to enact such exemption, which is what the Supreme Court

00:27:05.120 is supposed to be ruling. Now, this is where it actually gets interesting. I want to find the

00:27:11.520 particular passage on fraud, where she basically says, who cares if there's fraud? Who cares if

00:27:16.960 this country burns to the ground? Yeah, why not? So I'll scroll down to the fraud portion of her

00:27:23.580 argument. And indeed, this is what Alito argues with the other conservatives, of course, agreeing,

00:27:30.100 saying that this is going to destroy this country. This is going to result in people

00:27:34.400 basically saying there is no there's no election. We don't know where the ballots come from. We

00:27:38.320 don't know who's voting when. We don't know that this is actually real. So let me jump. I'll just

00:27:45.240 I'll just jump to the the fraud portion. The first instance occurs on page three, where she says,

00:27:51.900 for example, they may have shared plaintiff's view that election day deadline avoids the

00:27:54.980 appearance of fraud. At bottom, their theory is that because of 19th century election day

00:27:59.040 statutes govern here, so do their voting practices. But I want to jump to the specific

00:28:03.920 fraud portion. I think, is this going on to mention the history? We're not interested in

00:28:11.920 history. Here we go. Plaintiffs also stress that Mississippi's law may give rise to the

00:28:17.820 appearance of fraud because election results may appear to flip after election day.

00:28:22.280 This is a significant concern. Then there's a plethora of citation. But even under plaintiff's

00:28:28.180 interpretation, last minute flips are possible because the Election Day statute set no deadline

00:28:32.860 for counting ballots or certifying Election Day results. Election fraud and its appearance are

00:28:37.780 serious issues like other such issues. However, they must be addressed to the democratic process.

00:28:43.580 The Election Day statutes are proof of concept. When voting on different days in different states

00:28:48.220 sparked allegations of fraud, Congress set a national uniform deadline for voting. You disgusting 0.99

00:28:54.740 evil woman. My God, I can't believe I'm reading this. Amy Coney Barrett is this. This is this 1.00

00:29:03.200 is insane. I just my mind is fried at the evil. Like, how dare you write this? How dare you write

00:29:12.880 this? There was a deadline for the election day because of fraud. And we're happy it'll happen

00:29:19.380 again. And we're not going to enforce nor issue a ruling that would ever stop it. Oh, my God.

00:29:25.560 I mean, when I when I read this, when it came out, my jaw was on the floor the whole time.

00:29:29.340 This is rough. This is absolutely rough. 1876, four years after this evil woman.

00:29:40.760 You know, I got to say this. She's the face of it. But don't get me wrong. The justices, 0.54

00:29:44.300 the liberal just in Roberts, they're all sitting there smugly spitting on this country with

00:29:49.360 smiles on their faces. We are in serious trouble. 1867, the presidency was determined by a committee,

00:29:57.240 not by vote, because multiple sets of selects of electors were sent. Thus, a negotiation was held

00:30:03.860 that ended Reconstruction. It is remarkable to me that she would dare write something so shocking.

00:30:12.420 Because of fraud, a deadline was set. Oh, but there's no actual deadline as to when they count the votes. Do you understand what she's saying? She's saying the perception of fraud due to a lack of a deadline nearly destroyed this country. Nearly destroyed this country. So we're going to make sure there isn't one.

00:30:43.040 That's just so insane.

00:30:47.280 Election fraud and disappearance are serious issues.

00:30:50.120 The election day statutes are proof of concept.

00:30:52.060 I mean, this is just absolutely insane.

00:30:55.280 I just, Congress set a nationally uniformed deadline for voting.

00:31:01.280 If varied deadlines for ballot received similarly call for a national solution,

00:31:05.480 the American people must choose it through their elected representatives.

00:31:09.140 We did.

00:31:10.560 It's here.

00:31:11.760 It's in the law.

00:31:12.420 that's it there is one last late breaking matter for the first time in their reply briefs before

00:31:20.920 the fifth circuit plaintiffs argue that mississippi's elections and violates the election

00:31:23.800 day statutes because the postal service and common carriers allow mail to be recalled

00:31:27.780 this is really fascinating this is really fascinating according to plaintiffs a voter

00:31:32.420 who regrets her choice after election day may nullify her vote by recalling her ballot

00:31:37.780 I like how she wrote her several times instead of there from the Postal Service or common carrier

00:31:44.560 before it is delivered to election officials and that plaintiffs insist means the electorate's

00:31:49.620 choice is not actually made as of election day. That's a fact. Plaintiffs have never independently

00:31:54.280 challenged this aspect of Mississippi law. Ballot recall was not the basis for this litigation.

00:31:59.000 It is nowhere mentioned in plaintiff's complaint. Even now, plaintiffs frame the possibility

00:32:04.080 of post-Election Day recall is simply one reason why counting ballots received after Election Day

00:32:08.900 violates the federal Election Day statutes. They're correct. For its part, Mississippi denies

00:32:13.180 their voters are allowed to recall their ballots. That is not correct. This is called USPS package

00:32:18.780 intercept. You verify that your shipment is eligible. If it is, you sign with your account,

00:32:25.820 use retail package intercept to request that USPS redirect the shipment back to the original

00:32:29.980 sender. Indeed, this is most notably used for domestic USPS mail services with USPS tracking

00:32:36.000 packages whose total length or girth is no longer than 130 inches. Quite literally on their website,

00:32:43.040 an individual can cast a mail-in vote. They can postmark it on the day of the election.

00:32:48.800 They can then wait to see what the results are, to see the reactions, and then issue a recall

00:32:56.260 on that ballot because they changed their mind after the day of the election. She says two

00:33:02.740 principles are important. First, post-election day receipt considered on its own part does not

00:33:06.880 conflict with the election day statutes. Remarkable. Second, state law is preempted

00:33:12.440 by the federal election day statutes. Okay. Okay. I'm at a loss for words. She actually wrote,

00:33:25.040 we faced a threat of civil war. Deadlines were put in place. We don't want them now.

00:33:34.420 I mean, not only were deadlines put in place after the civil war, they were further litigated upon

00:33:40.040 here. We now have a day for the election. To which she admits election means the expression

00:33:46.920 of the candidate's choice. There is a day for the expression of candidate's choice,

00:33:51.280 which he argues, no, but we can find out what the candidate's choice is well after that fact.

00:33:55.040 The expression of which occurs on this day, but the publishing of that expression is sometime else undetermined, quite literally arguing.

00:34:03.540 If you want a deadline, if you want a deadline for when we're supposed to know who the person is.

00:34:09.940 Well, the United States government, the Constitution, Congress has never implemented one.

00:34:18.020 What does that mean?

00:34:18.920 It means that there's the swearing in day, I guess, for a member of Congress, but it doesn't really matter because they can just do nothing and the person can be sworn in whenever.

00:34:32.200 We have recall elections. That means people are sworn in various times, right?

00:34:36.960 So this means that a state can purposefully withhold the results of a congressional election and wait and see what happens.

00:34:45.160 and then they can say, you know what we're going to do? The election was in November.

00:34:51.400 We're going to wait till June just to make sure we found every possible ballot. We'll let you know.

00:34:57.640 Now, how could that benefit them? Let's say that you have an election and it turns out that in a

00:35:05.960 blue dominant state, there are some swing districts that go Republican. The blue state itself can

00:35:12.960 determine it has not reached a conclusion on its own elections and is going to withhold the results

00:35:18.460 and not count, meaning Republicans get withheld from Congress, giving the Democrats a temporary

00:35:23.960 majority. In fact, the state could just bar Republicans from ever going by saying there

00:35:29.380 is no deadline by which we must complete this election. There is no deadline. I'm gonna say

00:35:34.020 it again. There's no deadline. Let me stress this point again. Republican state could choose to

00:35:43.700 withhold the ballot counting for Democrat districts and say, there's no deadline. We'll do it when we

00:35:49.820 feel like it. And what happens? No one is ever sent from a Democrat district to Congress.

00:35:57.040 Alito goes on to make tremendous arguments. Alito with Thomas Gorsuch and Kavanaugh dissenting

00:36:03.360 And Alito writes rather beautifully and articulately that there is a day and that day

00:36:09.220 means something. He goes on to mention the civil war and how this is going to rip our country

00:36:13.960 apart. He goes on to call it just I'm paraphrasing, but just nuts. OK, then there's one thing to be

00:36:23.400 done. First, Donald Trump, whether we pass the SAVE Act or not, Donald Trump should at the 11th

00:36:31.340 hour, I mean quite literally the week of the election, issue an executive order that the

00:36:38.120 United States Postal Service shall not deliver any mail-in ballots, period. Under the argument

00:36:44.480 that the federal government, the executive branch, that the executive branch does not have the

00:36:49.400 authority to interfere in elections, and thus, as there is no law requiring USPS to transport

00:36:56.580 mail-in votes, he is going to order them not to do it. There is no right granting them to do it,

00:37:03.340 right? Let me, let me, let me, let me, I'll, I'll, I'll, it's a little too specific. So I'm going to

00:37:09.180 double down and factors on this one. Is there a federal law allowing mail-in votes? Maybe there

00:37:18.460 is, but Trump can simply just say, you know what? I'm going to order the USPS not to do it.

00:37:23.660 And then you can sue me about it. So the key federal law is the Uniformed and Overseas Citizen

00:37:31.240 Absentee Voting Act, which is referenced by this is referenced by Amy Coney Barrett several times,

00:37:36.420 but it's very specific is for U.S. citizens overseas and uniformed military services,

00:37:41.680 military family members, uniformed service members and their families, merchant marines,

00:37:46.440 et cetera. Not for everybody. So Trump could say any ballot that is not underneath the OCAVA

00:37:56.880 is not protected and thus USPS shall not deliver them, period.

00:38:05.720 They will have to sue and they will not have enough time. And USPS, as they are under the

00:38:11.600 executive branch, simply will just not deliver these packages. They're told not to do it.

00:38:16.440 Now, what happens then? Emergency relief, emergency injunctions. Oh, boy. If Trump fires it off at the 11th hour. Yikes. My other recommendation would be for Republicans to play ball. So be it, Amy Coney Barrett and your ilk.

00:38:34.900 Republican states should withhold the ballots and not count them and say the Supreme Court has

00:38:42.620 determined there is no deadline by which we will read or count these votes. No deadline has ever

00:38:47.880 been imposed by federal law and thus we'll get to it when we get to it. And then what happens

00:38:54.900 in any red state with any amount of Democrat seats, not a single Democrat will be sent to

00:39:01.380 Congress. Is that what the founding fathers intended? Sure thing, Amy Coney Barrett.

00:39:07.920 This is crazy. It's crazy to me because the end result of this is just civil war.

00:39:13.960 Seriously. A blue state can say we're not going to count Republican ballots. A red state can say

00:39:19.280 we're not going to count Democrat ballots. It's just absolutely psychotic. There is no obligation 0.79

00:39:25.460 in the law to count ballots. Now, by all means, they can argue, no, just no deadline. Yep.

00:39:31.380 So they're going to say, you know, for that blue district in, you know, in our in our in our in our capital, we're setting the deadline for let's call it the September 2027.

00:39:46.100 Yeah, a year after the election.

00:39:48.820 Because there is no election deadline, there's no receipt deadline.

00:39:52.280 So they could say we are going to wait as long as it takes to make sure every ballots been collected.

00:39:57.240 And you know what they could do? Obviously, it's silly if they say we're not going to count ballots until September of next year.

00:40:02.400 What they could say is every time we find a mail in vote, we extend the deadline by one week to make sure there is a buffer for any other mail in votes.

00:40:12.100 The argument being, well, look, when a mail in vote comes in, it means we did not find all the votes, right?

00:40:20.300 So if a vote comes in, the possibility is it is a fact.

00:40:27.040 We did not find all the votes.

00:40:28.260 We're going to need a grace period about a week to make sure just to be nice.

00:40:33.600 And then what happens every week?

00:40:34.860 A new ballot comes in and they say, well, you know, we're still there's no deadline.

00:40:38.180 What's what's that?

00:40:39.140 Amy Coney Barrett, Congress should enact a deadline.

00:40:42.560 Good effing luck getting Congress to move the needle.

00:40:47.580 We needed the law to be interpreted by the Supreme Court so that the standard was set

00:40:52.260 and Congress would be forced to act.

00:40:54.560 The law already exists.

00:40:57.940 OK.

00:40:59.220 I say this unto all of you.

00:41:01.600 Good luck at what comes next.

00:41:04.140 Smash the like button, share the show, stick around because we're in for a bumpy ride.

00:41:08.640 I just imagine if the Supreme Court said we have an election day over the next couple

00:41:13.380 of years, you see the country heal.

00:41:15.400 You see the states start adhering to a law.

00:41:18.260 You see the will of the voters being enacted under a system they understand and know.

00:41:22.300 And Amy Coney Barrett set it all on fire.

00:41:24.920 Good luck.

The Culture War - Tim Pool - June 29, 2026

SCOTUS Rules AGAINST America, PROTECTS Voter Fraud

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