Radio Recap – AG Barr Authorizes Probes Into Voting Irregularities

By 

Jordan Sekulow

|
November 10, 2020

3 min read

Election Law

A

A

Attorney General Barr has authorized investigations pursuing “substantial allegations of voting irregularities”.

On today’s Jay Sekulow Live, we discussed the breaking news that Attorney General Barr has authorized the Department of Justice to look into voting irregularities. This is a very significant development.

Attorney General Barr has instructed U.S. attorneys to begin a review of irregularities. In the memo, Attorney General Barr said:

Given this, and given that voting in our current elections has now concluded, I authorize you to pursue substantial allegations of voting and vote tabulation irregularities prior to the certification of elections in your jurisdictions in certain cases, as I have already done in specific instances. Such inquiries and reviews may be conducted if there are clear and apparently-credible allegations of irregularities that, if true, could potentially impact the outcome of a federal election in an individual State.

This is key because he is instructing them to investigate in what we call outcome determinative states. That’s where the U.S. attorneys should be looking. So now you have the Department of Justice added to the list of people looking into the election results.

Yesterday on the Senate floor, Majority Leader Mitch McConnell said the following about the ongoing legal challenges:

No states have yet certified their election results. We have at least one or two states that are already on track for a recount. And I believe the President may have legal challenges underway in at least five states. The core principle here is not complicated. In the United States of America, all legal ballots must be counted and illegal ballots must not be counted. The process should be transparent or observable by all sides, and the courts are here to work through concerns.

Senator McConnell continued:

We have the system in place to consider concerns, and President Trump is 100% within his rights to look into allegations of irregularities and weigh his legal options.

So you see Senator McConnell standing behind the legal challenges. We’ve also seen just out of the case in Pennsylvania that’s at the Supreme Court, ten states attorneys general have all joined in on that lawsuit. The fact that it was a judge and not the legislature that changed when votes can be counted is why that case is being pursued.

My dad, Jay Sekulow, talked about the case pending before the Supreme Court when he said:

If you look at the issue of what’s at stake in these various pieces of litigation, the one in Pennsylvania I think is extremely significant because not just how it impacts what happened in Pennsylvania, but actually how it impacts the role of the courts, the legislature, and separation of powers even within a state itself. The Constitution says very clearly, unequivocally, that the state legislatures will determine the various methods of how the election will take place. Here you had a court usurp the authority of the legislature. The legislature did make changes to the election process. They allowed for mail-in ballots. They allowed it to come in as late as Tuesday, the Election Day, at eight o’clock. So these were things that the state legislature actually voted on and did. The problem here, and I think what makes this so significant, is that the legislature was usurped by the courts and that’s what we have pending right now across the street in that particular lawsuit.

The full broadcast is complete with much more analysis of the legal challenges of this election.

Watch the full broadcast below.