The indictment by Special Counsel Robert Mueller III of 13 Russians for various election related offenses goes a long way toward explaining why Donald Trump has been sweating like a whore in church, and why House representatives Devin Nunes, Jim Jordan and Matt Gaetz have been willing to indulge treasonous conduct in trashing Mueller and the FBI; Donald Trump’s presidency could be void ab initio.
In Bush v. Gore, 531 U.S. 98 (2000), the Supreme Court ruled 7-2 that there was an Equal Protection Clause violation in using different standards of counting in different counties in Florida and it ruled that no alternative method could be established within the time limit set by Title 3 of the United States Code. One scholar (Louise Weinberg) argued that even giving the Court the benefit of the doubt that it acted appropriately in intervening in Florida state law, its actions should be deemed unconstitutional because its intervention was not coupled with any kind of remedy aimed at determining the actual outcome of the election. Consequently, Weinberg was suggesting that any remedy was possible, including invalidation of the election.
Special Counsel Mueller has been piloting an airtight ship. Up to now, every official announcement by his office has caught onlookers by surprise. He started at the very bottom, and began methodically working his way up the food chain. No one should be surprised if Jared Kushner and Donald Trump, Jr. end up in prison.
Forget about the previous indictments and guilty pleas secured by Mueller, and focus on the facts surrounding his recent indictment of Russians. The factual allegations appearing in the indictment are so intimate and detailed that it becomes clear that only a mole could have provided such information. Consequently, if, at the very end of Mueller’s investigation he proves that Russians actually penetrated ballot boxes and changed the vote count by a sufficient amount in the three states (Pennsylvania, Michigan and Wisconsin) that gave Trump his electoral college victory, the Supreme Court would have no choice but to declare the election void.
This scenario would not be like a tied election, where the winner is declared by lot. A void election would have the same consequence as a void judgment. Equitable matters have no basis for enforcement. A void judgment under federal law is one in which the rendering court lacked subject matter jurisdiction over the dispute or jurisdiction over the parties, or acted in a manner inconsistent with due process of law or otherwise acted unconstitutionally in entering a judgment, U.S.C.A. Const. Amed. 5, Hays v. Louisiana Dock Co., 452 n.e.2D 1383 (Ill. App. 5 Dist. 1983).
Every Executive Order would be null and void. A bill passed by both houses of Congress could become law without a presidential signature, and in fact would become an enrolled statute in the absence of a presidential veto. However, in this case, the bills passed to date during the Trump presidency have been signed. This would undoubtedly create a question of validity for the Supreme Court.
Imagine, if you will, a ghost presidency―one that never existed. Robert Mueller is a finely tuned investigation machine, and America will just have to wait to see where the dominoes fall.