The Fall of the Republic 12/28/2020 II

 A little more on the "alternate electors" bit.

The problem is our laws assume that everyone will protect democracy. Pence will probably have received "alternate electoral votes" for Trump in the battleground states. All anyone has to do is send those votes to him via registered mail. 

The electors shall dispose of the certificates so made by them and the lists attached thereto in the following manner: 

First. They shall forthwith forward by registered mail one of the same to the President of the Senate at the seat of government. 

Anyone can make "certificates" claiming to contain electoral votes and the Republicans have done this. This means that Mike Pence will be in possession of two sets of conflicting "electoral vote certificates."

The Republican "certificates" have no legal standing. This is what the Gohmert suit I talked about in the previous post is trying to give them. But in theory, Pence could choose to ONLY open the envelopes containing the Republican "alternate electoral certificates." 

I have no idea what would happen if he did this.

Congress could choose to ignore those certificates but how do you force Pence to open the other envelopes? If the certificates are just rejected and not replaced with Biden votes, the election might go to the House of Representatives and if it does, Trump wins.

Never mind. paragraph 15 of 3 US Code Chapter 1 says:

all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened

I suppose a quick lawsuit while Pelosi refusing to hold a vote would work. What's going to happen if the Republicans ever control both the House and Senate?

The Fall of the Republic 12/28/2020

The whack-a-mole continues.

Remember those alternate electors? Suppose that Mike Pence, as president of the senate, could choose which set to count?

The Constitution appears to clearly limit the role of the president of the senate to opening the envelopes with the counting actually done by Congress. Most experts agree that Pence has no discretion in the matter.

But Louis Gohmert, arguably the dumbest man in the House of Representatives, has decided to challenge that conclusion in court.

Gohmert's suit claim that legislatures in several states (you know who they are) have selected alternate slates of electors. This is flat out not true. Trump electors have held votes for Trump but none of these votes have been approved by a state legislature.

The suit further claims that Mike Pence, as president of the senate, has the authority to decide which competing slate of electors to select and is asking the courts to declare that as fact.

The fact that this would VIOLATE the rules for selecting electors actually put into place by the state legislatures seems to have escaped Gohmert. Hopefully it won't escape the court.

Keep your powder dry folks because this is really getting fucking ridiculous.

We desperately need to either scrap the electoral college and go to some sort of administrative popular vote count or reform 3 US Code Chapter 1 § 15 because it is a mess.

The Corona Virus, December 28, 2020

 There are currently 19,480,974 reported case in the US and 338,772 deaths.

California has 2,129,150 cases and 24,288 deaths

Texas has 1,691,515 cases and 27,180 deaths

Florida has 1,272,078 cases and 21,214 deaths

Illinois has 938,055 cases and 15,971 deaths
New York has 929,097 cases and 36,833 deaths

Politicians in Washington has apparently jumped the line and are getting their vaccine shots first. Why doesn't this surprise me? Visitors from the UK are being required to test negative. That will keep out the new strain for a little while but it's only a matter of time.

US Cases and Percentage Increase
March 30 - April 5 -- 196,983, 155.5%
April 6 - April 12 ---- 226,490, 66.7%
April 13 - April 19 -- 206,029, 36.4%
April 20 - April 26 -- 215,086, 27.9%
April 27 - May 3 ---- 198,464, 20.1%
May 4 - May 10 ----- 175,910, 14.8%
May 11 -- May 17 ---  158,286, 11.6%
May 18 - May 24 ---  161,280, 10.6%
May 25 - May 31 ---  149,072,  8.9%
June 1 -  June   7 --- 156,692,  8.6%
June 8 - June 14 --- 153,114,   7.2%
June 15 -June 21 --  190,901,  8.9%
June 22 -June 28 -- 274,422, 11.8%
June 29 - July 5    -- 350,566,  13.5%
July 6 - July 12    --  424,163,  14.3%
July 13 - July 19  --  478,255,  14.1%
July 20 -July 26  --  471,082, 10.9%
July 27 -Aug 2     --  441,956, 11.3%

Aug 3 -  Aug 9     --  382,710,  8.7%

Aug 10 - Aug 16  --  358,990,  7.0%

Aug 17 - Aug 23  --  303,731,  5.5%

Aug 24 - Aug 30  -- 296,147,  5.1%

Aug 31 - Sep 6     -- 291,480,  4.8%

Sep  7 -  Sep 13   -- 249,208,  3.9%

Sep  14 -Sep 20  -- 280,009,  4.2%

Sep  21 -Sep 27  -- 295,657,   4.3%

Sep  28 -Oct 4  --- 309.090,  4.3%

Oct   5 -Oct 11  --- 352.034,   4.7%

Oct 12 -Oct 18  --- 392,336,  5.0%

Oct 19 -Oct 25  --- 485,251,  5.9%

Oct 26 -Nov 1  --- 562,412,  6.4%

Nov 2  -Nov 8 --- 765,974,  8.2%

Nov 9 -Nov 15 --1,051,393, 10.4%

Nov 16-Nov 22- 1,198,168, 10.7%

Nov 23-Nov 29- 1,133,329, 9.2%

Nov 30-Dec 6  - 1,386,854, 10.3%

Dec   7 -Dec 13 - 1,505,501, 10.1%

Dec  14-Dec 20 - 1,617,819,  9.9%

Dec  21-Dec 27 - 1,296,763,  7.2%

The numbers took a big drop around Christmas but I suspect that is more a case of the holiday depressing testing and reporting that any real drop but we shall see.

New Jersey Cases, Percentage Increase and Positive Tests
March 30 - April 5 -- 24,119, 180.2%, 51.8%
April 6 - April 12 ---- 24,345, 64.9%, 54.6%
April 13 - April 19 -- 23,451, 37.9%, 53.4%
April 20 - April 26 -- 23,737, 27.8%, 45.3%
April 27 - May 3 ---- 17,706, 16.2%, 34.1%
May 4 - May 10 ----- 11,788,   9.3%, 31.5%
May 11 -- May 17 ---   7,802,   5.6%, 12.7%
May 18 - May 24 ---   7,820,   5.3%,  6.7%
May 25 - May 31 ---   6,291,    4.1%,  3.7%
June 1 -  June  7 ----  3,719,    2.3%,  2.0%
June 8 - June 14 ---   2,717,    1.7%,  2.0% 
June 15 -June 21 ---   2,261,   1.4%,  1.3%
June 22 -June 28 --- 2,040,   1.2%,  1.4%
June 29 -July 5   ---  2,220,   1.3%,  1.5%
July 6 -   July 12 ---   1,896,   1.1%,  1.3%
July 13 -July 19    ---  1,485,  0.8%, 1.4%
July 20 -July 26   ---  2,580, 1.5%,  1.6%
July 27 -Aug 2     ----  2,987, 1.7%,  1.6%

Aug 3 -  Aug 9     ----  2,423,  1.3%, 1.6%

Aug 10 - Aug 16  ----- 2,682, 1.5%, 1.4%

Aug 17 - Aug 23  ----  2,039, 1.1%,  1.2%

Aug 24 - Aug 30  --- -2,117,  1.1%,  1.2%

Aug 31 - Sep 6     ---  2,447,  1.3%, 1.5%

Sep  7 - Sep 13     ---  2,576,  1.3%, 1.5%

Sep  14-Sep 20     --- 3,128,  1.6%, 1.7%

Sep  21-Sep 27     --- 3,786,  1.9%, 2.0%

Sep  28 -Oct 4  --- --4,654,  2.3%, 2.4%

Oct   5 -Oct 11  --- --5.426,  2.6%, 2.6%

Oct 12 -Oct 18 --- --6,385,  3.0%, 2.7%

Oct 19 -Oct 25 --- --8,455,  3.8%, 4.1%

Oct 26 -Nov 1 --- --11,162,  4.9%, 3.7%

Nov 2  -Nov 8 -----14,966, 6.2%, 4.8%

Nov 9  -Nov 15 ----24,679, 9.7%, 7.3%

Nov 16 -Nov 22 ---26,733, 9.6%, 9.5%

Nov 23 -Nov 29 ---28,107, 9.2%, 7.1%

Nov 30 -Dec 6   ---33,902, 10.1%, 11.7%

Dec   7 - Dec 13  ---32,634   8.9%,  7.8%

Dec  14 -Dec 20 ---31,942   8.0%,  6.3%

Dec  21 -Dec 27 ---28,629   6.6%, <12.4%

The numbers are down slightly but, again, this may be just a holiday aberration. The website hasn't updated the number of tests since Friday so the percentage is a little less than 12.4. I'm not sure if the large increase in the percent positive is significant or again the result of holiday reporting.

Bergen County Cases and Percentage Increase
March 30 - April 5 -- 4,018, 185.2%
April 6 - April 12 ---- 3,597, 58.1%
April 13 - April 19 --  2,855, 29.2%
April 20 - April 26 -- 2,326, 18.4%
April 27 - May 3 ----  1,220, 8.2%
May 4 - May 10  ----    744, 4.6%
May 11 -- May 17 ---    432,  2.6%
May 18 - May 24 ---    443,  2.6%
May 25 - May 31 ---    468,  2.6%
June 1 - June 7 ------  240,  1.3%
June 8 - June 14 ---    306,  1.7%
June 15 -June 21 ---   192,   1.0%
June 22 -June 28 ---  344,   1.8%
June 29 -July 5     ---  271,   1.4%
July 6 -July 12    ---    246,   1.3%
July 13 -July 19  --      109,   0.5%
July 20-July 26  --      246,  1.2%
July 27 -Aug 2     --     295,  1.5%

Aug 3 -  Aug 9     --     273,  1.3%

Aug 10 - Aug 16  --     401,  1.9%

Aug 17 - Aug 23  --     131,  0.6% Dashboard New Cases = 234

Aug 24 - Aug 30  --    231,  1.1% Dashboard New Cases = 261

Aug 31 - Sep 6     ---   231,  1.1% Dashboard New Cases = 253

Sep  7 - Sep 13     ---   178,  0.8% Dashboard New Cases = 244

Sep  14 -Sep 20     --- 202,  0.9% Dashboard New Cases = 251

Sep  21 -Sep 27     --- 238,  1.1% Dashboard New Cases = 294

Sep  28 -Oct 4  ------ 328,  1.5% Dashboard New Cases = 357

Oct   5 -Oct 11  ------ 439,  1.9% Dashboard New Cases = 440

Oct 12 -Oct 18 ------ 565,  2.4% Dashboard New Cases = 574

Oct 19 -Oct 25 ------ 789,  3.3% Dashboard New Cases = 794

Oct 26 -Nov 1 ------ 999,  4.1% Dashboard New Cases = 1,005

Nov 2  -Nov 8 -----1,398, 5.5% Dashboard New Cases = 1,487

Nov 9 -Nov 15 ----2,299, 8.5% Dashboard New Cases = 2,352

Nov 16-Nov 22 ---2,628, 9.0% Dashboard New Cases = 2,632

Nov 23-Nov 29 ---2,732, 8.6% Dashboard New Cases = 2,624

Nov 30-Dec 6   ---3,310, 9.6% Dashboard New Cases = 3,281

Dec   7 - Dec 13 -- 2,590, 6.8% Dashboard New Cases = 2,926

Dec  14 -Dec 20-- 2,636, 6.5% Dashboard New Cases = 2,798

Dec  21 -Dec 27-- 2,466, 5.7% Dashboard New Cases = 2,549

The same observations for Bergen County.

They replaced my battery at no charge because, hey, the car is still under warranty. Really bad news at the dentist though. My bridges are coming loose. He recommends I look into replacing them with implants so I'll be seeing a dental surgeon in the middle of January. Oh goody.

Thoughts on Christmas Day

Christmas as a secular holiday of good cheer and well wishes is a good thing. 

But the Nativity story isn't true. It's a myth roughly on a par with Pandora's Box and the many faceted exploits of Zeus and Apollo. 

 To actually believe in a god that impregnates a virgin so she can give birth to himself and then he can sacrifice himself to himself in order to get forgiveness from himself makes absolutely no sense if you didn't have it banged into your head since you were a child. 

You know, it would have been easier if he just put a BIG neon sign in the sky that said "Hey guys, forget that OT stuff. Here's a new set of rules." Besides, then people in Asia, Africa and the Americas would have gotten the message at the same time. 

At the very least he would have done better to smack the Roman Emperor in the back of the head and say "Yo, Augustus, we need to talk." 

To those of us with triple digit plus IQs and a decent education it makes no sense even though we had it banged into our heads as children. 

I stopped believing in fairy tales a long time ago. Believe what you want. That's your right. But the whole world would be better off if people applied some critical thinking to nonsense like religion.

Why I'm an Atheist

 I mentioned that I was and atheist in a WAPO comment section nd someone, very politely, asked me why.

The answer changes with time I suppose but here's what I said this time.

There are two reasons. 

The first is that I'm an engineer and have been trained to go where the evidence leads me even if that's a place I don't want to go. I see no compelling evidence for the supernatural and that includes for the existence of a god. I've looked and there just isn't enough to justify belief. Faith is not a pathway to truth. You can literally believe anything on faith even things which are demonstrably false. If a belief is justified then faith isn't required. 

“Is God willing to prevent evil, but not able? Then he is not omnipotent. Is he able, but not willing? Then he is malevolent. Is he both able and willing? Then whence cometh evil? Is he neither able nor willing? Then why call him God?” -- Epicurus 

Through history men have created thousands of gods from Marduk to Amon-Ra to Horus to Zeus to the God of Abraham. I'm guessing that you disbelieve in all of them but one. I just disbelieve in one more.

The second reason is that Religion is the ultimate brand of authoritarianism and there are literally thousands of sects all of which are convinced that they're right and everyone else is wrong. 

“With or without religion, good people can behave well and bad people can do evil; but for good people to do evil - that takes religion.” ― Steven Weinberg 

Otherwise normal and sane people have done horrible things in the name of religion or because their faith leaders told them to do it. I reject anything that requires absolute and unquestioning obedience to an authority whether that authority be a man a book or a god.

The Democratic Party

Biden won the 2020 election but the Democratic Party as a whole lost. Their margin in the House was cut and they will probably not take the Senate.

If I was a Republican strategist I'd feel pretty good about capturing the House in 2022, as off year elections almost always go against the party holding the presidency, and winning a trifecta in 2024

The Democratic Party has traditionally looked upon itself as the party of "the little guy." The question that the Democrats need to address is ARE they still for "the little guy" or have they lost their focus? 

 - What good is college loan forgiveness to people who never went to college? 

 - What good is Medicare for All for people who are already on Medicare or have healthcare through their employer or union? 

 - What good are reparations for slavery to people who are white? 

 - What good is a $15 minimum wage to people who are making slightly more than that, or who are on fixed pensions, when the $15 minimum wage may cause inflation and cut into their real purchasing power? 

 - What good is investment in green technology to people who don't have the skills to benefit from such an investment? 

Like the man said, follow the money. 

I'm not saying any of these things are bad. As a matter of fact there are valid arguments as to why most, if not all, of them are good but do they really appeal to people in the working class or who own a small business?

The Corona Virus, December 21, 2020

There are currently 18,170,570 reported case in the US and 322,720 deaths.

California has 1,866,492 cases and 22,677 deaths

Texas has 1,593,201 cases and 26,085 deaths

Florida has 1,201,793 cases and 20.575 deaths

Illinois has 900,501 cases and 15,204 deaths
New York has 852,025 cases and 35,889 deaths

The Moderna vaccine has been approved by the FDA and will begin shipping. In the UK they have found a new mutation of the virus which is apparently more contagious. Curse you Charles Darwin.

US Cases and Percentage Increase
March 30 - April 5 -- 196,983, 155.5%
April 6 - April 12 ---- 226,490, 66.7%
April 13 - April 19 -- 206,029, 36.4%
April 20 - April 26 -- 215,086, 27.9%
April 27 - May 3 ---- 198,464, 20.1%
May 4 - May 10 ----- 175,910, 14.8%
May 11 -- May 17 ---  158,286, 11.6%
May 18 - May 24 ---  161,280, 10.6%
May 25 - May 31 ---  149,072,  8.9%
June 1 -  June   7 --- 156,692,  8.6%
June 8 - June 14 --- 153,114,   7.2%
June 15 -June 21 --  190,901,  8.9%
June 22 -June 28 -- 274,422, 11.8%
June 29 - July 5    -- 350,566,  13.5%
July 6 - July 12    --  424,163,  14.3%
July 13 - July 19  --  478,255,  14.1%
July 20 -July 26  --  471,082, 10.9%
July 27 -Aug 2     --  441,956, 11.3%

Aug 3 -  Aug 9     --  382,710,  8.7%

Aug 10 - Aug 16  --  358,990,  7.0%

Aug 17 - Aug 23  --  303,731,  5.5%

Aug 24 - Aug 30  -- 296,147,  5.1%

Aug 31 - Sep 6     -- 291,480,  4.8%

Sep  7 -  Sep 13   -- 249,208,  3.9%

Sep  14 -Sep 20  -- 280,009,  4.2%

Sep  21 -Sep 27  -- 295,657,   4.3%

Sep  28 -Oct 4  --- 309.090,  4.3%

Oct   5 -Oct 11  --- 352.034,   4.7%

Oct 12 -Oct 18  --- 392,336,  5.0%

Oct 19 -Oct 25  --- 485,251,  5.9%

Oct 26 -Nov 1  --- 562,412,  6.4%

Nov 2  -Nov 8 --- 765,974,  8.2%

Nov 9 -Nov 15 --1,051,393, 10.4%

Nov 16-Nov 22- 1,198,168, 10.7%

Nov 23-Nov 29- 1,133,329, 9.2%

Nov 30-Dec 6  - 1,386,854, 10.3%

Dec   7 -Dec 13 - 1,505,501, 10.1%

Dec  14-Dec 20 - 1,617,819,  9.9%

Over a million cases again and another new high since I started tracking. Again there was a big drop off on Sunday but I'm beginning to suspect that's just a reporting lapse.

New Jersey Cases, Percentage Increase and Positive Tests
March 30 - April 5 -- 24,119, 180.2%, 51.8%
April 6 - April 12 ---- 24,345, 64.9%, 54.6%
April 13 - April 19 -- 23,451, 37.9%, 53.4%
April 20 - April 26 -- 23,737, 27.8%, 45.3%
April 27 - May 3 ---- 17,706, 16.2%, 34.1%
May 4 - May 10 ----- 11,788,   9.3%, 31.5%
May 11 -- May 17 ---   7,802,   5.6%, 12.7%
May 18 - May 24 ---   7,820,   5.3%,  6.7%
May 25 - May 31 ---   6,291,    4.1%,  3.7%
June 1 -  June  7 ----  3,719,    2.3%,  2.0%
June 8 - June 14 ---   2,717,    1.7%,  2.0% 
June 15 -June 21 ---   2,261,   1.4%,  1.3%
June 22 -June 28 --- 2,040,   1.2%,  1.4%
June 29 -July 5   ---  2,220,   1.3%,  1.5%
July 6 -   July 12 ---   1,896,   1.1%,  1.3%
July 13 -July 19    ---  1,485,  0.8%, 1.4%
July 20 -July 26   ---  2,580, 1.5%,  1.6%
July 27 -Aug 2     ----  2,987, 1.7%,  1.6%

Aug 3 -  Aug 9     ----  2,423,  1.3%, 1.6%

Aug 10 - Aug 16  ----- 2,682, 1.5%, 1.4%

Aug 17 - Aug 23  ----  2,039, 1.1%,  1.2%

Aug 24 - Aug 30  --- -2,117,  1.1%,  1.2%

Aug 31 - Sep 6     ---  2,447,  1.3%, 1.5%

Sep  7 - Sep 13     ---  2,576,  1.3%, 1.5%

Sep  14-Sep 20     --- 3,128,  1.6%, 1.7%

Sep  21-Sep 27     --- 3,786,  1.9%, 2.0%

Sep  28 -Oct 4  --- --4,654,  2.3%, 2.4%

Oct   5 -Oct 11  --- --5.426,  2.6%, 2.6%

Oct 12 -Oct 18 --- --6,385,  3.0%, 2.7%

Oct 19 -Oct 25 --- --8,455,  3.8%, 4.1%

Oct 26 -Nov 1 --- --11,162,  4.9%, 3.7%

Nov 2  -Nov 8 -----14,966, 6.2%, 4.8%

Nov 9  -Nov 15 ----24,679, 9.7%, 7.3%

Nov 16 -Nov 22 ---26,733, 9.6%, 9.5%

Nov 23 -Nov 29 ---28,107, 9.2%, 7.1%

Nov 30 -Dec 6   ---33,902, 10.1%, 11.7%

Dec   7 - Dec 13  ---32,634   8.9%,  7.8%

Dec  14 -Dec 20 ---31,942   8.0%, <8.5%

New Jersey had a slight drop off but was still over 30,000 but there were no days over 6,000. Again the website hasn't updated the number of tests since Friday so the percentage is a little less than 8.5 so the percentage of positive cases seem to be dropping..

Bergen County Cases and Percentage Increase
March 30 - April 5 -- 4,018, 185.2%
April 6 - April 12 ---- 3,597, 58.1%
April 13 - April 19 --  2,855, 29.2%
April 20 - April 26 -- 2,326, 18.4%
April 27 - May 3 ----  1,220, 8.2%
May 4 - May 10  ----    744, 4.6%
May 11 -- May 17 ---    432,  2.6%
May 18 - May 24 ---    443,  2.6%
May 25 - May 31 ---    468,  2.6%
June 1 - June 7 ------  240,  1.3%
June 8 - June 14 ---    306,  1.7%
June 15 -June 21 ---   192,   1.0%
June 22 -June 28 ---  344,   1.8%
June 29 -July 5     ---  271,   1.4%
July 6 -July 12    ---    246,   1.3%
July 13 -July 19  --      109,   0.5%
July 20-July 26  --      246,  1.2%
July 27 -Aug 2     --     295,  1.5%

Aug 3 -  Aug 9     --     273,  1.3%

Aug 10 - Aug 16  --     401,  1.9%

Aug 17 - Aug 23  --     131,  0.6% Dashboard New Cases = 234

Aug 24 - Aug 30  --    231,  1.1% Dashboard New Cases = 261

Aug 31 - Sep 6     ---   231,  1.1% Dashboard New Cases = 253

Sep  7 - Sep 13     ---   178,  0.8% Dashboard New Cases = 244

Sep  14 -Sep 20     --- 202,  0.9% Dashboard New Cases = 251

Sep  21 -Sep 27     --- 238,  1.1% Dashboard New Cases = 294

Sep  28 -Oct 4  ------ 328,  1.5% Dashboard New Cases = 357

Oct   5 -Oct 11  ------ 439,  1.9% Dashboard New Cases = 440

Oct 12 -Oct 18 ------ 565,  2.4% Dashboard New Cases = 574

Oct 19 -Oct 25 ------ 789,  3.3% Dashboard New Cases = 794

Oct 26 -Nov 1 ------ 999,  4.1% Dashboard New Cases = 1,005

Nov 2  -Nov 8 -----1,398, 5.5% Dashboard New Cases = 1,487

Nov 9 -Nov 15 ----2,299, 8.5% Dashboard New Cases = 2,352

Nov 16-Nov 22 ---2,628, 9.0% Dashboard New Cases = 2,632

Nov 23-Nov 29 ---2,732, 8.6% Dashboard New Cases = 2,624

Nov 30-Dec 6   ---3,310, 9.6% Dashboard New Cases = 3,281

Dec   7 - Dec 13 -- 2,590, 6.8% Dashboard New Cases = 2,926

Dec  14 -Dec 20-- 2,636, 6.5% Dashboard New Cases = 2,798

The Bergen County numbers held steady.

My car battery has been dead twice now. I had to bring it in to be checked. I lost a post and cap. That's the second one so I probably need to talk to my dentist.

Systemic Racism, Again

I've listened to the idea of Systemic Racism and, to be honest, I'm skeptical for two reasons. 

The first is that everything pointed to as Systemic Racism are effects. They're not causes. The links between the effects and the causes are never addressed. It's just assumed. 

Here's an example. Blacks are charged higher interest rates on loans than whites. That's always put on the table as Systemic Racism. Unfortunately blacks default on loans more often than whites and that's WHY they're charged higher rates. 

The second is that the concept of Systemic Racism is non-falsifiable. If someone points to A and says look, this is Systemic Racism and someone else points out that B is actually the cause of A then B becomes Systemic Racism and so on and so forth. In my example in the previous paragraph the counter argument would be that blacks default more often because of Systemic Racism. 

See how that works?

I'm not saying racism doesn't exist. It obviously does. But is it systemic? I'm having trouble buying into that. I'm not claiming that it doesn't exist. I'm just not convinced that it does.

The Fall of the Republic 12/15/2020

 So, it's not over yet.

Remember Stephen Miller and his alternate electors? Reportedly the idea is to try and take advantage of another example of poor wording and definition in 3 U.S. Code CHAPTER 1—PRESIDENTIAL ELECTIONS AND VACANCIES.

What they're banking on is section 2.

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.

The law doesn't define what "failed" means so the Trump team believes the legislature can define an election as "failed" and then can choose new electors.

The problem with this plan is the way I read section 15, if there are two sets of electors, and the House and Senate can't agree on the right one, then the set certified by the governor counts.

So I don't see how this works even if they can get the state legislatures and the Senate to go along with this which strikes me as unlikely.

Besides, they sure as hell wouldn't get a court to go along with it. 

The worst that could happen is the count on January 6th ends in a stalemate. Trump's term still ends on January 20th and Nancy Pelosi would become president if it wasn't resolved by then.

The Fall of the Republic 12/14/2020

The Wisconsin Supreme Court first ruled that it was up to each voter to decide if they were indefinitely confined. They then shot down Trump's case saying it failed on the indefinitely confined ballots on the merits and the other challenges on laches. 

The vote was 4-3. The dissenters said that some of the challenges had merit but were mum on what the remedy should be. That's really weird.

I looked at the dissent and apparently they had heartburn with the ballots that election officials filled in missing information. The concern is the election handbook may be in conflict with Wisconsin law. One has to wonder how the hell that could happen? I didn't see any of the other claims referenced.

In the meantime the electors are voting.

Update: The electoral vote is complete. Amazingly the result was Biden 306 and Trump 232.

Update: Stephen Miller says that the Trump campaign is going to send its own set of electoral votes from the battleground states to Congress. This would be comical if it wasn't so dangerous.

The Corona Virus, December 14, 2020

There are currently 16,540,396 reported case in the US and 303,983 deaths.

California has 1,573,639 cases and 21,046 deaths

Texas has 1,361,320 cases and 24,131 deaths

Florida has 1,125,931 cases and 19,867 deaths

Illinois has 849,066 cases and 14,291 deaths
New York has 781,812 cases and 35,275 deaths

The first doses of the Pfizer vaccines were administered today to hospital workers. 

US Cases and Percentage Increase
March 30 - April 5 -- 196,983, 155.5%
April 6 - April 12 ---- 226,490, 66.7%
April 13 - April 19 -- 206,029, 36.4%
April 20 - April 26 -- 215,086, 27.9%
April 27 - May 3 ---- 198,464, 20.1%
May 4 - May 10 ----- 175,910, 14.8%
May 11 -- May 17 ---  158,286, 11.6%
May 18 - May 24 ---  161,280, 10.6%
May 25 - May 31 ---  149,072,  8.9%
June 1 -  June   7 --- 156,692,  8.6%
June 8 - June 14 --- 153,114,   7.2%
June 15 -June 21 --  190,901,  8.9%
June 22 -June 28 -- 274,422, 11.8%
June 29 - July 5    -- 350,566,  13.5%
July 6 - July 12    --  424,163,  14.3%
July 13 - July 19  --  478,255,  14.1%
July 20 -July 26  --  471,082, 10.9%
July 27 -Aug 2     --  441,956, 11.3%

Aug 3 -  Aug 9     --  382,710,  8.7%

Aug 10 - Aug 16  --  358,990,  7.0%

Aug 17 - Aug 23  --  303,731,  5.5%

Aug 24 - Aug 30  -- 296,147,  5.1%

Aug 31 - Sep 6     -- 291,480,  4.8%

Sep  7 -  Sep 13   -- 249,208,  3.9%

Sep  14 -Sep 20  -- 280,009,  4.2%

Sep  21 -Sep 27  -- 295,657,   4.3%

Sep  28 -Oct 4  --- 309.090,  4.3%

Oct   5 -Oct 11  --- 352.034,   4.7%

Oct 12 -Oct 18  --- 392,336,  5.0%

Oct 19 -Oct 25  --- 485,251,  5.9%

Oct 26 -Nov 1  --- 562,412,  6.4%

Nov 2  -Nov 8 --- 765,974,  8.2%

Nov 9 -Nov 15 --1,051,393, 10.4%

Nov 16-Nov 22- 1,198,168, 10.7%

Nov 23-Nov 29- 1,133,329, 9.2%

Nov 30-Dec 6  - 1,386,854, 10.3%

Dec   7 -Dec 13 - 1,505,501, 10.1%

Over a million cases again and another new high since I started tracking. There was a big drop off on Sunday though. I'm not sure if that's significant or not.

New Jersey Cases, Percentage Increase and Positive Tests
March 30 - April 5 -- 24,119, 180.2%, 51.8%
April 6 - April 12 ---- 24,345, 64.9%, 54.6%
April 13 - April 19 -- 23,451, 37.9%, 53.4%
April 20 - April 26 -- 23,737, 27.8%, 45.3%
April 27 - May 3 ---- 17,706, 16.2%, 34.1%
May 4 - May 10 ----- 11,788,   9.3%, 31.5%
May 11 -- May 17 ---   7,802,   5.6%, 12.7%
May 18 - May 24 ---   7,820,   5.3%,  6.7%
May 25 - May 31 ---   6,291,    4.1%,  3.7%
June 1 -  June  7 ----  3,719,    2.3%,  2.0%
June 8 - June 14 ---   2,717,    1.7%,  2.0% 
June 15 -June 21 ---   2,261,   1.4%,  1.3%
June 22 -June 28 --- 2,040,   1.2%,  1.4%
June 29 -July 5   ---  2,220,   1.3%,  1.5%
July 6 -   July 12 ---   1,896,   1.1%,  1.3%
July 13 -July 19    ---  1,485,  0.8%, 1.4%
July 20 -July 26   ---  2,580, 1.5%,  1.6%
July 27 -Aug 2     ----  2,987, 1.7%,  1.6%

Aug 3 -  Aug 9     ----  2,423,  1.3%, 1.6%

Aug 10 - Aug 16  ----- 2,682, 1.5%, 1.4%

Aug 17 - Aug 23  ----  2,039, 1.1%,  1.2%

Aug 24 - Aug 30  --- -2,117,  1.1%,  1.2%

Aug 31 - Sep 6     ---  2,447,  1.3%, 1.5%

Sep  7 - Sep 13     ---  2,576,  1.3%, 1.5%

Sep  14-Sep 20     --- 3,128,  1.6%, 1.7%

Sep  21-Sep 27     --- 3,786,  1.9%, 2.0%

Sep  28 -Oct 4  --- --4,654,  2.3%, 2.4%

Oct   5 -Oct 11  --- --5.426,  2.6%, 2.6%

Oct 12 -Oct 18 --- --6,385,  3.0%, 2.7%

Oct 19 -Oct 25 --- --8,455,  3.8%, 4.1%

Oct 26 -Nov 1 --- --11,162,  4.9%, 3.7%

Nov 2  -Nov 8 -----14,966, 6.2%, 4.8%

Nov 9  -Nov 15 ----24,679, 9.7%, 7.3%

Nov 16 -Nov 22 ---26,733, 9.6%, 9.5%

Nov 23 -Nov 29 ---28,107, 9.2%, 7.1%

Nov 30 -Dec 6   ---33,902, 10.1%, 11.7%

Dec   7 - Dec 13  ---32,634    8.9%, <11.5%

New Jersey had a slight drop off but was still over 30,000 with another over 6,000 day. Again the website hasn't updated the number of tests since Friday so the percentage is a little less than 11.5% but not much.

Bergen County Cases and Percentage Increase
March 30 - April 5 -- 4,018, 185.2%
April 6 - April 12 ---- 3,597, 58.1%
April 13 - April 19 --  2,855, 29.2%
April 20 - April 26 -- 2,326, 18.4%
April 27 - May 3 ----  1,220, 8.2%
May 4 - May 10  ----    744, 4.6%
May 11 -- May 17 ---    432,  2.6%
May 18 - May 24 ---    443,  2.6%
May 25 - May 31 ---    468,  2.6%
June 1 - June 7 ------  240,  1.3%
June 8 - June 14 ---    306,  1.7%
June 15 -June 21 ---   192,   1.0%
June 22 -June 28 ---  344,   1.8%
June 29 -July 5     ---  271,   1.4%
July 6 -July 12    ---    246,   1.3%
July 13 -July 19  --      109,   0.5%
July 20-July 26  --      246,  1.2%
July 27 -Aug 2     --     295,  1.5%

Aug 3 -  Aug 9     --     273,  1.3%

Aug 10 - Aug 16  --     401,  1.9%

Aug 17 - Aug 23  --     131,  0.6% Dashboard New Cases = 234

Aug 24 - Aug 30  --    231,  1.1% Dashboard New Cases = 261

Aug 31 - Sep 6     ---   231,  1.1% Dashboard New Cases = 253

Sep  7 - Sep 13     ---   178,  0.8% Dashboard New Cases = 244

Sep  14 -Sep 20     --- 202,  0.9% Dashboard New Cases = 251

Sep  21 -Sep 27     --- 238,  1.1% Dashboard New Cases = 294

Sep  28 -Oct 4  ------ 328,  1.5% Dashboard New Cases = 357

Oct   5 -Oct 11  ------ 439,  1.9% Dashboard New Cases = 440

Oct 12 -Oct 18 ------ 565,  2.4% Dashboard New Cases = 574

Oct 19 -Oct 25 ------ 789,  3.3% Dashboard New Cases = 794

Oct 26 -Nov 1 ------ 999,  4.1% Dashboard New Cases = 1,005

Nov 2  -Nov 8 -----1,398, 5.5% Dashboard New Cases = 1,487

Nov 9 -Nov 15 ----2,299, 8.5% Dashboard New Cases = 2,352

Nov 16-Nov 22 ---2,628, 9.0% Dashboard New Cases = 2,632

Nov 23-Nov 29 ---2,732, 8.6% Dashboard New Cases = 2,624

Nov 30-Dec 6   ---3,310, 9.6% Dashboard New Cases = 3,281

Dec   7 - Dec 13 -- 2,590, 6.8% Dashboard New Cases = 2,926

The Bergen County numbers dropped off a little as well but there are reportedly over a thousand cases that haven't been allocated to a county yet.

My daughter is virtual until after the new year because four children in the same family tested positive in the school where she teaches.

The Fall of the Republic 12/13/2020

 My short burst of optimism has pretty much evaporated.

The Wisconsin Supreme Court still has not issued a ruling on Trump's attempt to disenfranchise over 200,000 voters because, well, because he didn't like who they voted for.

This concerns me. Not because there are 10 electoral votes at stake but because the case seems to fly in the face of basic principles of fairness.

Even if the election commission screwed up, how can you punish people who thought they were doing the right thing.

Should the Supreme Court rule even partially in Trump's favor you know that victory will be held up as definitive proof of widespread fraud even though the suit doesn't claim fraud but administrative errors.

In Michigan there are apparently credible threats of violence and the Michigan electors are being given armed guards.

The electors will meet tomorrow and cast their votes. Normally no one even notices. This year it's high drama.

This is seriously fucked up. 

So, is it Over?

Probably not. I'm sure Trump and company have a few more rocks they'll try and toss into the gears. 

If nothing else his state Supreme Court appeal asking to toss out some 230,000 votes is being heard today in Wisconsin and I'm sure some Republicans will try and gum up the counting of the electoral votes on January 6th.

I suppose it's also possible that Trump has bought enough Democrat electors to give him the election instead of Biden on Monday.

As for the now defunct Texas lawsuit, let's not forget that not only the four states under attack by Paxton but 23 other states and territories, led by the District of Columbia, supported them. Ohio went its own way but also severely criticized Paxton's lawsuit as well so I count that as 24. 

So 28 states and territories stood up for Democracy. I find that encouraging and it should give Texas and the 17 states that supported her pause.

In my humble opinion, by leading the charge, D.C. has earned its right to statehood. I was on the fence before about this but not any more.

So, Maybe the Republic will Survive

 Well, the SCOTUS did the right thing and told Texas to go to hell.

"The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot."

Alito and Thomas dissented but only on the technical issue of whether the court can refuse to hear an original jurisdiction case.

"Statement of Justice Alito, with whom Justice Thomas joins: In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. See Arizona v. California, 589 U. S. ___ (Feb. 24, 2020) (Thomas, J., dissenting). I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue."

So, until the next crisis, we're OK.

Just Some More Thoughts

The Texas lawsuit is, by any rational standard, an absolute joke. 

Its statistical analysis is flawed beyond belief; it raises issues that have already been adjudicated in both state and federal courts; it makes the unbelievable claim that Texas has standing to tell other states how to conduct their elections and the Supreme Court has the right to disenfranchise millions of Americans because Texas, and the states that have signed on, didn’t get their way in the last election. 

But perhaps the craziest thing is the implication that election officials were so good at enabling fraud that the fraud is undetectable and that’s evidence of fraud.

Can you spell Catch-22? 

So why am I worried that the SCOTUS will hear this case? 

Wisconsin made the point that just giving this case a hearing will cause incalculable damage and it will. Because giving it a hearing will be taken as a sign that the court believes the case may have some merit.

The court cannot delay ONLY the electoral voting of the four states named because the Constitution CLEARLY requires the voting to occur on the same day. 

"The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States."

I suppose it could order a hearing Saturday or Sunday via video. But then it would have to rule almost immediately.

If the court tried to delay the electors voting it would be violating Article II, Section 1 of the Constitution quoted above because Congress decides "the Day on which they shall give their Votes."

If the court tried to change that the states (or the electors) would be within their rights to tell the court to fuck off and vote anyway.

If the court directs the legislatures to choose the electors they would again be in violation of the Constitution Article II, Section 1 because that decision is up to the legislatures who have already decreed the choice is to be made by popular vote.

"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"

Again, the states (or the electors) would be within their rights to tell the court to fuck off and vote anyway.

Now, perhaps the states (or electors) would obey the court but I don't see why. So we've got all the makings of a Constitutional crisis here as well.

I don't get it. Then again I'm not a judge or a lawyer so I guess I'll just have to wait and see.

Just Some Thoughts

The real tragedy here is that Trump’s lies have been swallowed hook, line and sinker by far too many people. Regardless of what happens in the next six weeks they will probably always believe those lies. 

 It’s a perfect example of Lincoln’s Wolf’s Dictionary parable. 

The shepherd drives the wolf from the sheep's throat, for which the sheep thanks the shepherd as his liberator, while the wolf denounces him for the same act as the destroyer of liberty. Plainly, the sheep and the wolf are not agreed upon a definition of liberty. 

In this situation we have not agreed upon the definition of election integrity. We see free and fair elections trying to be overturned. They see elections tainted by irregularities and fraud. 

The problem is that each side is convinced they are champions of liberty, democracy and the Constitution.

I don’t know how you solve this problem.

The Fall of the Republic 2/10/2020

All four states named in the Texas suit have responded and, as expected, skewered the suit nicely. I think it was Wisconsin that made the point that even hearing this suit would do incalculable damage.

In addition to the 17 states joining this suit 106 Republican members of the House of Representatives have joined.

That's about all I have. Nothing else matters right now. Everything depends upon this suit which has incredibly grown to be the greatest threat to the Republic since the Civil War.

The suit itself is a joke. The "analysis" it contains is completely bogus plus it makes the almost unbelievable argument that the fraud was undetectable therefore that's evidence of fraud.

The Fall of the Republic 12/9/2020 II

What I find bizarre, and more than a little terrifying, is that we stand dependent upon the least democratic branch of government, the courts, to preserve our democracy. 

Nine men and women in robes are all that stand between us and the abyss. 

I’m more than a bit concerned that three of them were put on the court by Trump and a 4th thinks that child labor laws are unconstitutional. 

 What do we do if they fail us?

The Fall of the Republic 12/9/2020

The AGs of Alabama and Louisiana say they want to join the Texas lawsuit. Trump has called it "the big one" and says that he will "intervene" although no one is quite sure what that means.

Does this lawsuit have any chance? Most experts say "no." I hope they're right but I can't help this nagging feeling that everything up until now has been misdirection and that this lawsuit was always intended to be the only one that mattered.

And it certainly does matter. If the SCOTUS rules as Texas is asking Trump will win the election either due to electors selected by Republican legislatures or because it goes to the House of Representatives where Republicans hold the majority in a state by state vote.

I keep going to Rick Hasen's Election Law Blog to read why this lawsuit has no chance but I still have this nagging feeling in the back of my head.

Will the other states stand for the SCOTUS essentially stealing the election from the voters? I hope not. Unfortunately we would be on the third step of "Ballot Box, Jury Box, Cartridge Box."

Update: Seventeen red states, Missouri, Alabama, Arkansas, Florida, Indiana, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, and West Virginia, have joined Texas in this lawsuit.

This has now gone from comical to terrifying.

Update: Assuming the Texas gets dismissed as it should, expect a serious attempt by Republicans to disrupt the vote count on January 6th. This often happens when one or two crazy Representatives object but Senators usually decline to get involved (you need one Representative and one Senator to object).

This is where the Safe Harbor comes in. If at least one Representative and one Senator objects then each house votes independently on the objections. If they split then, as long as there is only one set of electors, the certified electors from the state are counted by default.

The Fall of the Republic 12/8/2020

The state of Texas just filed suit directly with the Supreme Court claiming changes made to election procedures in Georgia, Michigan, Pennsylvania and Wisconsin were illegal.

This is insane. How the hell does Texas have standing to make such a claim and to make it with the SCOTUS yet?

I guess since Trump couldn't convince the legislature in Georgia, Michigan, Pennsylvania and Wisconsin to help him in his coup he had to go to his buddies in Texas to try.

The Texas AG Ken Paxton filed the notice of intent notably without the signature of anyone from the Texas Solicitor Generals office. Paxton is already under indictment in Texas for fraud and is currently under investigation by the SEC and FBI.

Anyone want to bet Trump offered him a pardon? He can't help him at the state level but could protect him at the federal level.

The SCOTUS should just ignore this suit but who the hell knows what this court, with its current makeup, will do.

I haven't heard anything from Alito about the Kelly lawsuit.

Update: The SCOTUS has told Mike Kelly to go to hell. Of course now with the Texas lawsuit why go with one state when you can get all four (*cough, cough*)?

The Fall of the Republic 12/7/2020

So where are we?

In Michigan a judge tossed out Sidney Powell's lawsuit implying that the suit was never intended to be won but simply to instill doubt the electoral process. The judge rejected the suit not only for lack of evidence but on several points of law and declared "the people have spoken."

A lawyer working with Powell had the gall to claim the judge didn't review the evidence and was wrong on the law. They're considering an appeal he said.

In Georgia another judge tossed Powell's lawsuit saying "They want this court to substitute its judgment for that of two and a half million Georgia voters who voted for Joe Biden. This I am unwilling to do."

Justice Samuel Alito should take note and repeat this statement about Mile Kelly's Lawsuit in Pennsylvania. 

Apparently Powell still has cases pending in Wisconsin and Arizona which I suspect are making allegations similar to the ones in Michigan and Georgia.

Trump filed a suit in Georgia after the recount finished claiming that the state’s election code was “disregarded, abandoned, ignored, altered, and otherwise violated,” resulting in “a sufficient number of illegal votes” being included in the count.

Trump is asking for a new election in Georgia. Reportedly the lawsuit has been rejected for "faulty paperwork." I have no idea what that means.

Mike Kelly's lawsuit claiming that Act 77 violating the Pennsylvania constitution and thus deprived him and others of due process is under review by Justice Samuel Alito. Alito updated the deadline for a response from Pennsylvania to Tuesday at 9 AM from Wednesday.

That would give Alito time to respond to the request for an emergency injunction made by Kelly to prevent Pennsylvania's 20 electoral votes from going to Biden before the Safe Harbor deadline.

While I find it hard to believe that the SCOTUS would overturn an election this lawsuit has concerned me since I first heard about it. If Alito grants the injunction it would open a nasty Pandora's Box.

The Corona Virus, December 7, 2020

 There are currently 15,018,055reported case in the US and 287,044 deaths.

California has 1,351,199 cases and 19,939 deaths

Texas has 1,279,423 cases and 22,848 deaths

Florida has 1,058,174 cases and 19,179 deaths

Illinois has 787,696 cases and 13,255 deaths
New York has 711,382 cases and 34,727 deaths

Florida has become the 3rd state with over a million cases. Great Britain has already approved the Pfizer vaccine. Here the FDA is still working on it.

US Cases and Percentage Increase
March 30 - April 5 -- 196,983, 155.5%
April 6 - April 12 ---- 226,490, 66.7%
April 13 - April 19 -- 206,029, 36.4%
April 20 - April 26 -- 215,086, 27.9%
April 27 - May 3 ---- 198,464, 20.1%
May 4 - May 10 ----- 175,910, 14.8%
May 11 -- May 17 ---  158,286, 11.6%
May 18 - May 24 ---  161,280, 10.6%
May 25 - May 31 ---  149,072,  8.9%
June 1 -  June   7 --- 156,692,  8.6%
June 8 - June 14 --- 153,114,   7.2%
June 15 -June 21 --  190,901,  8.9%
June 22 -June 28 -- 274,422, 11.8%
June 29 - July 5    -- 350,566,  13.5%
July 6 - July 12    --  424,163,  14.3%
July 13 - July 19  --  478,255,  14.1%
July 20 -July 26  --  471,082, 10.9%
July 27 -Aug 2     --  441,956, 11.3%

Aug 3 -  Aug 9     --  382,710,  8.7%

Aug 10 - Aug 16  --  358,990,  7.0%

Aug 17 - Aug 23  --  303,731,  5.5%

Aug 24 - Aug 30  -- 296,147,  5.1%

Aug 31 - Sep 6     -- 291,480,  4.8%

Sep  7 -  Sep 13   -- 249,208,  3.9%

Sep  14 -Sep 20  -- 280,009,  4.2%

Sep  21 -Sep 27  -- 295,657,   4.3%

Sep  28 -Oct 4  --- 309.090,  4.3%

Oct   5 -Oct 11  --- 352.034,   4.7%

Oct 12 -Oct 18  --- 392,336,  5.0%

Oct 19 -Oct 25  --- 485,251,  5.9%

Oct 26 -Nov 1  --- 562,412,  6.4%

Nov 2  -Nov 8 --- 765,974,  8.2%

Nov 9 -Nov 15 --1,051,393, 10.4%

Nov 16-Nov 22- 1,198,168, 10.7%

Nov 23-Nov 29- 1,133,329, 9.2%

Nov 30-Dec 6  - 1,386,854, 10.3%

Over a million cases again and a new high since I started tracking.

New Jersey Cases, Percentage Increase and Positive Tests
March 30 - April 5 -- 24,119, 180.2%, 51.8%
April 6 - April 12 ---- 24,345, 64.9%, 54.6%
April 13 - April 19 -- 23,451, 37.9%, 53.4%
April 20 - April 26 -- 23,737, 27.8%, 45.3%
April 27 - May 3 ---- 17,706, 16.2%, 34.1%
May 4 - May 10 ----- 11,788,   9.3%, 31.5%
May 11 -- May 17 ---   7,802,   5.6%, 12.7%
May 18 - May 24 ---   7,820,   5.3%,  6.7%
May 25 - May 31 ---   6,291,    4.1%,  3.7%
June 1 -  June  7 ----  3,719,    2.3%,  2.0%
June 8 - June 14 ---   2,717,    1.7%,  2.0% 
June 15 -June 21 ---   2,261,   1.4%,  1.3%
June 22 -June 28 --- 2,040,   1.2%,  1.4%
June 29 -July 5   ---  2,220,   1.3%,  1.5%
July 6 -   July 12 ---   1,896,   1.1%,  1.3%
July 13 -July 19    ---  1,485,  0.8%, 1.4%
July 20 -July 26   ---  2,580, 1.5%,  1.6%
July 27 -Aug 2     ----  2,987, 1.7%,  1.6%

Aug 3 -  Aug 9     ----  2,423,  1.3%, 1.6%

Aug 10 - Aug 16  ----- 2,682, 1.5%, 1.4%

Aug 17 - Aug 23  ----  2,039, 1.1%,  1.2%

Aug 24 - Aug 30  --- -2,117,  1.1%,  1.2%

Aug 31 - Sep 6     ---  2,447,  1.3%, 1.5%

Sep  7 - Sep 13     ---  2,576,  1.3%, 1.5%

Sep  14-Sep 20     --- 3,128,  1.6%, 1.7%

Sep  21-Sep 27     --- 3,786,  1.9%, 2.0%

Sep  28 -Oct 4  --- --4,654,  2.3%, 2.4%

Oct   5 -Oct 11  --- --5.426,  2.6%, 2.6%

Oct 12 -Oct 18 --- --6,385,  3.0%, 2.7%

Oct 19 -Oct 25 --- --8,455,  3.8%, 4.1%

Oct 26 -Nov 1 --- --11,162,  4.9%, 3.7%

Nov 2  -Nov 8 -----14,966, 6.2%, 4.8%

Nov 9  -Nov 15 ----24,679, 9.7%, 7.3%

Nov 16 -Nov 22 ---26,733, 9.6%, 9.5%

Nov 23 -Nov 29 ---28,107, 9.2%, 7.1%

Nov 30 -Dec 6   ---33,902, 10.1%, <12.8%

That's another record number of case in New Jersey since I started tracking things. It's the first time over 30,000 and for the first time there were days over 6,000 cases. The website hasn't updated the number of tests since Saturday so the percentage is a little less than 12.8% but not much.

Bergen County Cases and Percentage Increase
March 30 - April 5 -- 4,018, 185.2%
April 6 - April 12 ---- 3,597, 58.1%
April 13 - April 19 --  2,855, 29.2%
April 20 - April 26 -- 2,326, 18.4%
April 27 - May 3 ----  1,220, 8.2%
May 4 - May 10  ----    744, 4.6%
May 11 -- May 17 ---    432,  2.6%
May 18 - May 24 ---    443,  2.6%
May 25 - May 31 ---    468,  2.6%
June 1 - June 7 ------  240,  1.3%
June 8 - June 14 ---    306,  1.7%
June 15 -June 21 ---   192,   1.0%
June 22 -June 28 ---  344,   1.8%
June 29 -July 5     ---  271,   1.4%
July 6 -July 12    ---    246,   1.3%
July 13 -July 19  --      109,   0.5%
July 20-July 26  --      246,  1.2%
July 27 -Aug 2     --     295,  1.5%

Aug 3 -  Aug 9     --     273,  1.3%

Aug 10 - Aug 16  --     401,  1.9%

Aug 17 - Aug 23  --     131,  0.6% Dashboard New Cases = 234

Aug 24 - Aug 30  --    231,  1.1% Dashboard New Cases = 261

Aug 31 - Sep 6     ---   231,  1.1% Dashboard New Cases = 253

Sep  7 - Sep 13     ---   178,  0.8% Dashboard New Cases = 244

Sep  14 -Sep 20     --- 202,  0.9% Dashboard New Cases = 251

Sep  21 -Sep 27     --- 238,  1.1% Dashboard New Cases = 294

Sep  28 -Oct 4  ------ 328,  1.5% Dashboard New Cases = 357

Oct   5 -Oct 11  ------ 439,  1.9% Dashboard New Cases = 440

Oct 12 -Oct 18 ------ 565,  2.4% Dashboard New Cases = 574

Oct 19 -Oct 25 ------ 789,  3.3% Dashboard New Cases = 794

Oct 26 -Nov 1 ------ 999,  4.1% Dashboard New Cases = 1,005

Nov 2  -Nov 8 -----1,398, 5.5% Dashboard New Cases = 1,487

Nov 9 -Nov 15 ----2,299, 8.5% Dashboard New Cases = 2,352

Nov 16-Nov 22 ---2,628, 9.0% Dashboard New Cases = 2,632

Nov 23-Nov 29 ---2,732, 8.6% Dashboard New Cases = 2,624

Nov 30-Dec 6   ---3,310, 9.6% Dashboard New Cases = 3,281

The Bergen County numbers are inching towards the highs from April.

Nothing new on the personal front.

The Fall of the Republic 12/6/2020

Justice Samuel Alito has moved up the deadline for Pennsylvania to file briefs in Mike Kelly's lawsuit to 9 AM Tuesday. That means it is now prior to the Safe Harbor deadline.

Honestly I didn't know a deadline had been set so finding out it had been moved up was a bit of a surprise.

I don't like the sound of this although "experts" claim it doesn't necessarily mean anything. What it does do is give Alito a chance to intervene in a case that the SCOTUS shouldn't intervene in.

You'll excuse me but it does mean something. It means a lot. Even if the law was unconstitutional, you shouldn't disenfranchise 2.5 million voters who acted in good faith. That would be a total travesty of justice. So there's no reason to move up the date unless Alito is thinking that the court might actually be willing to do such an unthinkable thing. 

People also really need to stop saying even if Biden loses the Pennsylvania (or Wisconsin or Georgia) electoral votes he still wins. The last thing we need is for a court to overturn the results of a certified election. That would open up one terrible Pandora's Box. 

I also have this really bad feeling that once the first domino falls, it will be easier to find excuses to make two more fall and then Biden will lose the election. 

If Alito grants the injunction then we have a big problem. 

In the meantime the Trump campaign is questioning the legality of the votes in both Wisconsin and Georgia since Kelly's approach seems to be working so well in Pennsylvania. 

So now we have three states whose elections are not being challenged due to fraud but due to claimed violations of state election law. If it works in Pennsylvania, then why not in Wisconsin and Georgia as well? 

I'm sure it's just a coincidence that all three of these states have Republican legislatures. 

The Safe Harbor isn't 100%. An electoral certification can be rejected if both houses of congress decide the certification wasn't properly done. I could make a case then that the SCOTUS should be able to make such a determination if congress fails to do the "right thing." 

As long as the issues were evidentiary Trump had no chance. But now they have shifted to questions of law and that worries me a lot more.

The Fall of the Republic 12/5/2020

So what about all the so-called Republicans who failed the test and either aided and abetted Trump in his attempts or remained silent? 

The Republican Party has disgraced itself beyond all redemption and don't think we're going to forget it.

I'm not assuming it's over yet. Republicans are still throwing lawsuits and appeals against increasingly exasperated courts. The fat lady has yet to sing but hopefully she's warming up.

Clearly our presidential election process needs reform. Allow me to propose the following as an outline.

1. We should eliminate the electoral college and go to a popular vote system.

2. Votes should be counted as part of a common administrative process in all states. 

3. If there is a challenge to a state's vote count each campaign should be allowed ONE challenge before the state supreme court. If the suit is lost, then it's over. 

4. Administrative errors on the part of election officials should not be a basis for disenfranchising voters such as proposed in Trump's Wisconsin case and Mike Kelly's Pennsylvania case. 

5. Once a state certifies its vote totals it's done. 

6. Summing up the certified votes should be an administrative process with no objections allowed from congress, the courts or aliens from Alpha Centauri

The Fall of the Republic 12/4/2020

 Honestly, I've lost track of the lawsuits, the fighting, the name calling and the total chaos.

Last night Fox News was showing a video from Atlanta as "credible evidence" of fraud. Basically the claim was that poll watchers were asked to leave because counting was done for the night and then election workers pulled suitcases of allegedly illegal votes out from under desks.

Well, if that's what had happened then it certainly would have been something to warrant investigation. So they investigated. Turns out, that's not what happened.

A group of election workers finished their tasks and left the area. The poll watchers went with them. Why they went with them no one knows. The election workers remaining still had work to do and they proceeded to do it by pulling out sealed bins of ballots for scanning.

In other words, they were doing their job.

You have to be a real fucking moron to think someone is gong to commit fraud in full view of cameras that are specifically intend to check for fraud.

I'll bet Fox News isn't going to do a retraction and correct its error though.

I also hear there are new lawsuits in Georgia and Wisconsin. Call me when something happens.

The problem is that the Trump campaign has collected over $200 million dollars with its claims of voter fraud. It's costing them only a fraction of that to file the lawsuits and as long as they keep it up, the money keeps pouring in.

Trump supporters have got to be the stupidest animals on the face of the planet.

We need to change the laws so this can't happen. There has got to be a central place for filing election lawsuits and it has to be a one shot deal per state. If you lose in Arizona or Michigan or Iowa then you're fucking done.

The Fall of the Republic 12/3/2020

 In Wisconsin, by a vote of 4-3, the state supreme court declined to listen to Trump's lawsuit saying that by statute is should be filed in circuit court. Note that they didn't rule on the merits of the suit. At least one dissenting vote wanted to hold the case while the circuit did fact finding.

I haven't heard anything about Mike Kelly's appeal to the SCOTUS.

In Georgia, Sidney Powell's case has a hearing tomorrow. I assume the state of Georgia filed its brief but I have no confirmation on that.

In the meantime it has been reported that Trump and the RNC have collected $170 million for a fictitious election legal fund. In reality, as stated in the fine print, the money is gong to pay off campaign debts and probably to line Trump's pockets.

Trump issued a 46 minute video in which he rants about the election raising all of the debunked charges over again. Supporters took out a full page ad saying that Trump should declare martial law and use the military to force a paper ballots only redo of the election.

The Fall of the Republic 12/2/2020

 It's no longer simply a question of winning or losing an election.

The vote is the bedrock of a democracy. Votes cast by citizens in good faith and according to the procedures dictated by the state should be unassailable.

Yet we find such votes under assault in both Wisconsin and Pennsylvania.

If votes cast in good faith can be discarded at the whim of a judge, then what's the point? If such votes cast in good faith can be discarded at the whim of a judge, then we're no longer a government of the people, by the people and for the people.

The Fall of the Republic 12/1/2020

Trump has now filed a lawsuit in Wisconsin alleging illegal votes which should be thrown out.

Despite the fact that state law requires election challenges to be filed in circuit court Trump applied directly to the Supreme Court possibly because conservatives hold a 4-3 majority there. The court has not indicated if it will take the case.

The votes Trump claims are illegal are:

- 170,140 ballots cast early

- 28,395 ballots cast by voters who claimed indefinite confinement

- 17,271 ballots collected at democracy in the park events

- 5,517 ballots in which clerks filled in missing information

Apparently these are only ballots from Milwaukee and Dane counties.

This strikes me as bizarre and most of these things have been standard in Wisconsin for at least a decade. The democracy in the park thing was essentially poll workers acting as drop boxes.

Things are just getting more and more disgusting.

Update: Mike Kelly, after being shot down by the Pennsylvania Supreme Court, has reportedly filed an emergency appeal to the US Supreme Court. Their claim is that the Pennsylvania legislature exceeded its power by allowing universal mail-in voting and the SCOTUS should nullify Joe Biden's victory in the state.

This is pretty incredible and if Samuel Alito, who has responsibility for the 3rd Circuit, doesn't dismiss the case out of hand then the republic will totter a little more on the edge.

Aside from the fact that it should be the state courts which have the final say about the state constitution, it would make no sense to disenfranchise millions of voters for doing what they were told to do.

The Fall of the Republic 11/30/2020

It's like playing whack-a-mole. So, where are we.

In Pennsylvania there has been silence. Despite continuing to claim widespread voter fraud Trump and company have not, so far, made any steps toward appealing to the SCOTUS. Giuliani has said he's considering which would be the best case to appeal.

In Wisconsin the recount is complete resulting in Biden gaining 87 votes across the two counties. Despite claim that many "illegal votes" were uncovered, again, no new lawsuit has been filed as yet. The state Board of Canvassers rejected Republican claims that some 238,000 votes were "illegal."

Wisconsin is expected to certify the election tomorrow.

In Georgia a lawsuit filed by Sidney Powell alleging fraud in the Dominion voting machines got a federal judge to block plans to wipe or reset machines in three counties. The judge has scheduled a hearing for Friday but has agreed to receive a brief by Wednesday afternoon from Kemp and Raffensperger detailing the reasons why they oppose allowing Powell’s team to conduct “forensic inspections” of the machines in the three counties.

I can think of a few reasons starting with the hand count matched the machine count and Powell's team probably doesn't know jack shit about performing a "forensic inspection" of those machines. On the practical side, if machines were tampered with that tampering would be long gone by now.

Dominion has said that doing what Powell claims was done would be impossible and they are really pissed off. They are warning that they will hold Powell personally responsible for any negative impact of her allegations.

Arizona has certified its election results for Biden.

Update: Wisconsin has certified as well.

The Corona Virus, November 30, 2020

There are currently 13,624,629 reported case in the US and 271,839 deaths.

California has 1,208,204 cases and 19,152 deaths

Texas has 1,187,169 cases and 21,617 deaths

Florida has 992,660 cases and 18,509 deaths

Illinois has 720,339 cases and 12,193 deaths
New York has 646,964 cases and 34,275 deaths

Moderna has now applied for emergency approval for its vaccine. Florida is on the cusp of being the third state with over a million cases.

US Cases and Percentage Increase
March 30 - April 5 -- 196,983, 155.5%
April 6 - April 12 ---- 226,490, 66.7%
April 13 - April 19 -- 206,029, 36.4%
April 20 - April 26 -- 215,086, 27.9%
April 27 - May 3 ---- 198,464, 20.1%
May 4 - May 10 ----- 175,910, 14.8%
May 11 -- May 17 ---  158,286, 11.6%
May 18 - May 24 ---  161,280, 10.6%
May 25 - May 31 ---  149,072,  8.9%
June 1 -  June   7 --- 156,692,  8.6%
June 8 - June 14 --- 153,114,   7.2%
June 15 -June 21 --  190,901,  8.9%
June 22 -June 28 -- 274,422, 11.8%
June 29 - July 5    -- 350,566,  13.5%
July 6 - July 12    --  424,163,  14.3%
July 13 - July 19  --  478,255,  14.1%
July 20 -July 26  --  471,082, 10.9%
July 27 -Aug 2     --  441,956, 11.3%

Aug 3 -  Aug 9     --  382,710,  8.7%

Aug 10 - Aug 16  --  358,990,  7.0%

Aug 17 - Aug 23  --  303,731,  5.5%

Aug 24 - Aug 30  -- 296,147,  5.1%

Aug 31 - Sep 6     -- 291,480,  4.8%

Sep  7 -  Sep 13   -- 249,208,  3.9%

Sep  14 -Sep 20  -- 280,009,  4.2%

Sep  21 -Sep 27  -- 295,657,   4.3%

Sep  28 -Oct 4  --- 309.090,  4.3%

Oct   5 -Oct 11  --- 352.034,   4.7%

Oct 12 -Oct 18  --- 392,336,  5.0%

Oct 19 -Oct 25  --- 485,251,  5.9%

Oct 26 -Nov 1  --- 562,412,  6.4%

Nov 2  -Nov 8 --- 765,974,  8.2%

Nov 9 -Nov 15 --1,051,393, 10.4%

Nov 16-Nov 22- 1,198,168, 10.7%

Nov 23-Nov 29- 1,133,329, 9.2%

Over a million cases again but cases tailed off a bit near the end of the week. Hopefully that's not just a lull due to limited testing over the holiday.

New Jersey Cases, Percentage Increase and Positive Tests
March 30 - April 5 -- 24,119, 180.2%, 51.8%
April 6 - April 12 ---- 24,345, 64.9%, 54.6%
April 13 - April 19 -- 23,451, 37.9%, 53.4%
April 20 - April 26 -- 23,737, 27.8%, 45.3%
April 27 - May 3 ---- 17,706, 16.2%, 34.1%
May 4 - May 10 ----- 11,788,   9.3%, 31.5%
May 11 -- May 17 ---   7,802,   5.6%, 12.7%
May 18 - May 24 ---   7,820,   5.3%,  6.7%
May 25 - May 31 ---   6,291,    4.1%,  3.7%
June 1 -  June  7 ----  3,719,    2.3%,  2.0%
June 8 - June 14 ---   2,717,    1.7%,  2.0% 
June 15 -June 21 ---   2,261,   1.4%,  1.3%
June 22 -June 28 --- 2,040,   1.2%,  1.4%
June 29 -July 5   ---  2,220,   1.3%,  1.5%
July 6 -   July 12 ---   1,896,   1.1%,  1.3%
July 13 -July 19    ---  1,485,  0.8%, 1.4%
July 20 -July 26   ---  2,580, 1.5%,  1.6%
July 27 -Aug 2     ----  2,987, 1.7%,  1.6%

Aug 3 -  Aug 9     ----  2,423,  1.3%, 1.6%

Aug 10 - Aug 16  ----- 2,682, 1.5%, 1.4%

Aug 17 - Aug 23  ----  2,039, 1.1%,  1.2%

Aug 24 - Aug 30  --- -2,117,  1.1%,  1.2%

Aug 31 - Sep 6     ---  2,447,  1.3%, 1.5%

Sep  7 - Sep 13     ---  2,576,  1.3%, 1.5%

Sep  14-Sep 20     --- 3,128,  1.6%, 1.7%

Sep  21-Sep 27     --- 3,786,  1.9%, 2.0%

Sep  28 -Oct 4  --- --4,654,  2.3%, 2.4%

Oct   5 -Oct 11  --- --5.426,  2.6%, 2.6%

Oct 12 -Oct 18 --- --6,385,  3.0%, 2.7%

Oct 19 -Oct 25 --- --8,455,  3.8%, 4.1%

Oct 26 -Nov 1 --- --11,162,  4.9%, 3.7%

Nov 2  -Nov 8 -----14,966, 6.2%, 4.8%

Nov 9  -Nov 15 ----24,679, 9.7%, 7.3%

Nov 16 -Nov 22 ---26,733, 9.6%, 9.5%

Nov 23 -Nov 29 ---28,107, 9.2%, 7.1%

That's another record number of case in New Jersey since I started tracking things but at least the percentage positive number dropped.

Bergen County Cases and Percentage Increase
March 30 - April 5 -- 4,018, 185.2%
April 6 - April 12 ---- 3,597, 58.1%
April 13 - April 19 --  2,855, 29.2%
April 20 - April 26 -- 2,326, 18.4%
April 27 - May 3 ----  1,220, 8.2%
May 4 - May 10  ----    744, 4.6%
May 11 -- May 17 ---    432,  2.6%
May 18 - May 24 ---    443,  2.6%
May 25 - May 31 ---    468,  2.6%
June 1 - June 7 ------  240,  1.3%
June 8 - June 14 ---    306,  1.7%
June 15 -June 21 ---   192,   1.0%
June 22 -June 28 ---  344,   1.8%
June 29 -July 5     ---  271,   1.4%
July 6 -July 12    ---    246,   1.3%
July 13 -July 19  --      109,   0.5%
July 20-July 26  --      246,  1.2%
July 27 -Aug 2     --     295,  1.5%

Aug 3 -  Aug 9     --     273,  1.3%

Aug 10 - Aug 16  --     401,  1.9%

Aug 17 - Aug 23  --     131,  0.6% Dashboard New Cases = 234

Aug 24 - Aug 30  --    231,  1.1% Dashboard New Cases = 261

Aug 31 - Sep 6     ---   231,  1.1% Dashboard New Cases = 253

Sep  7 - Sep 13     ---   178,  0.8% Dashboard New Cases = 244

Sep  14 -Sep 20     --- 202,  0.9% Dashboard New Cases = 251

Sep  21 -Sep 27     --- 238,  1.1% Dashboard New Cases = 294

Sep  28 -Oct 4  ------ 328,  1.5% Dashboard New Cases = 357

Oct   5 -Oct 11  ------ 439,  1.9% Dashboard New Cases = 440

Oct 12 -Oct 18 ------ 565,  2.4% Dashboard New Cases = 574

Oct 19 -Oct 25 ------ 789,  3.3% Dashboard New Cases = 794

Oct 26 -Nov 1 ------ 999,  4.1% Dashboard New Cases = 1,005

Nov 2  -Nov 8 -----1,398, 5.5% Dashboard New Cases = 1,487

Nov 9 -Nov 15 ----2,299, 8.5% Dashboard New Cases = 2,352

Nov 16-Nov 22 ---2,628, 9.0% Dashboard New Cases = 2,632

Nov 23-Nov 29 ---2,732, 8.6% Dashboard New Cases = 2,624

The Bergen County increases continue to tracking the New Jersey numbers. 

My Suburu has new oil and they washed it. Hopefully I'll get to drive it a little.