Jan. 6 Committee Ignores Clear Evidence Of Mass Illegal Voting, Systematically Broken Election Laws

In its attempt to blame former President Donald Trump for the crimes committed on January 6, 2021, at the U.S. Capitol, House Democrats have spent the week focused on Trump’s unsupported claims of widespread election fraud. The Jan. 6 select committee and the legacy media outlets promoting the show trial completely ignore, however, the verifiable evidence of systemic violations of election law, illegal voting, and the constitutionally deficient execution of the November 2020 election—including issues Trump challenged following the election.

Georgia provides a peach of an example. President Biden won Georgia and the state’s 16 electoral votes by a margin of 11,779 individual votes, but before the state certified the results of the November 2020 election, Trump challenged the outcome, raising several issues both in and out of court. Trump hammered accusations of fraud in Fulton County, claiming counterfeit ballots secreted in suitcases and vote-flipping by Dominion Voting Systems gave Biden the victory. But Trump also contested the Georgia results based on evidence indicating that tens of thousands of illegal votes were improperly counted.

While Trump’s legal team argued illegal votes in some 30-plus categories were improperly included in the final election tally, violations of Section 21-2-218 of the Georgia election code alone closed the gap between the two presidential candidates. That section provides that state “residents must vote in the county in which they reside, unless they changed their residence within 30 days of the election” and “outside of the 30-day grace period, if people vote in a county in which they no longer reside, ‘their vote in that county would be illegal.’”

Shortly after the November general election, Mark Davis, the president of Data Productions Inc. and an expert in voter data analytics and residency issues, compared voting records obtained from the Georgia secretary of state’s office with the National Change of Address (NCOA) database. After excluding individuals who moved within 30 days of the general election, Davis “identified nearly 35,000 Georgia voters who indicated they had moved from one Georgia county to another, but then voted in the 2020 general election in the county from which they had moved.”

Trump highlighted this evidence during a telephone conversation with Secretary of State Brad Raffensperger. His election lawyers, he said, noted from that data they “have actually hard numbers” of tens of thousands of votes that were counted illegally, and that with the margin of victory less than 12,000, “that in and of itself is sufficient to change the results or place the outcome in doubt.”

The lawyers explained that they “would like to sit down with your office . . . if you are able to establish that our numbers are not accurate, then fine.” While the secretary of state’s representative indicated he was “happy to get with our lawyers and we’ll set that up,” Cleta Mitchell, one of Trump’s election lawyers, told The Federalist that meeting never happened.

“We had tried for weeks to get the secretary of state to sit down with us to review the data,” Mitchell said, noting that Raffensperger just kept saying the Trump campaign’s data was wrong and, “We said, ‘Show us, then, where it is wrong.’”

But instead of meeting, according to Mitchell, the day after their call with the secretary of state’s office, lawyers sent Trump’s legal team “a very nasty letter saying they wouldn’t give us any data until we dismissed all pending litigation.” Then, after Trump’s team dismissed the lawsuit following Senate candidate Kelly Loeffler’s withdrawal of her objections to the Georgia electors and asked for the promised meeting to review the data, the secretary of state’s office withdrew the offer, Mitchell told The Federalist.

While Trump’s legal team was unable to either present their evidence in court or secure a meeting with the Georgia secretary of state’s office to compare the data, Davis continued to pursue out-of-county illegal voting. Last year, Davis told The Federalist that in May 2021, he obtained an updated voter database from the secretary of state’s office and compared that data to the NCOA information he had processed in November.

As I reported at the time: “When Davis ran the data, he found that, of the approximately 35,000 Georgians who indicated they had moved from one county to another county more than 30 days before the November general election, as of May, more than 10,300 had updated their voter registration information, providing the secretary of state the exact address they had previously provided to the USPS. Those same 10,000-plus individuals all also cast ballots in the county in which they had previously lived.”

Davis’s follow-up analysis provided solid evidence that there were enough votes cast illegally in a county in which the citizens no longer resided to equal the margin separating Trump and Biden. And that was but one category of illegal votes identified by Trump’s legal team.

Mitchell, now a senior legal fellow at the Conservative Partnership Institute, told The Federalist that in addition to the individuals who moved out of a county more than 30 days before the election and then voted illegally in their prior county, Trump’s legal team identified an additional 30-plus categories of illegal votes that were wrongly included in the certified totals.

“We never were able to present our evidence to the court, however, because the chief judge of Fulton County, Chris Brasher, failed to appoint a judge eligible to hear the election contest for a month,” Mitchell said.

None of those 30-plus categories involved the Dominion Voting System, claims of counterfeit votes, or ballot harvesting, but concerned specific violations of the Georgia election code. And those numbers far exceeded Biden’s 11,779-vote margin of victory.

Yet the January 6 Committee and their cohorts in the press cast all the challenges to the November 2020 tabulations as crazy conspiracy theories of fraud peddled by Trump to steal the election.

The same anti-Trump media lied about Trump’s telephone call with Raffensperger, falsely telling the country that Trump had “pressured the Georgia Secretary of State’s chief investigator Frances Watson” to “find the fraud,” promising that she would soon be a “national hero.” But two months later, when the transcript of the call was released, it became clear that Trump was speaking of establishing there were 11,780 illegal votes from the various categories identified by his lawyers.

“The fact is we had already found many more illegal votes than the margin (11,779),” Mitchell told The Federalist, “We didn’t need to ‘find’ anything.” “We already knew which votes were illegal and had been included in the certified total,” the election lawyer said, stressing that, under Georgia law, if the “evidence established that there are more illegal or irregular votes than the margin of victory, the remedy is a new election.”

Last July, the secretary of state’s office confirmed to The Federalist that its “investigation into the approximately 35,000 residents who moved from one county to another more than 30 days before the election remain[ed] ongoing.” But follow-up outreaches to Raffensperger and key members of his staff inquiring on the status of the investigation went unanswered.

Meanwhile, the Jan. 6 Committee continues to spin challenges to the November 2020 election as concerning nothing but nonsensical claims of voter fraud. With the corrupt media’s cooperation, the vast majority of Americans may never learn of the systemic violations of election law, illegal voting, and the disparate treatment of voters in violation of the Equal Protection Clause of the U.S. Constitution, the latter seen most clearly with the infiltration of funding from Mark Zuckerberg to targeted Democratic-heavy populations.

Heck, it’s unlikely most members of Congress know of these systemic problems with our electoral system. But with midterms around the corner and Democrats likely facing a bloodbath, don’t be surprised if left-leaning politicians and their friends in the press discover substantial problems in about five months’ time.

Margot Cleveland is The Federalist’s senior legal correspondent. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today.

Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—the law school’s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time.

As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.

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