Criminal deprivation of rights is what won Trump the election. Criminal deprivation rights on the day of the election is why the polls leading up to election day did not match the actual outcome of the election. The voter purging system and gaps between registered voters and those that actually voted provide smoking guns that enable the Attorney General to draw a direct link between voter suppression and the outcome of the election. And there is nothing but evidence to indict the people responsible for funding, designing and implementing this system for criminal violations of 18 USC 241, 18 USC 242 and the Voting Rights Act of 1965.
But the only one that can bring charges on the criminal network that puppeted Trump to victory by filing these charges is the Attorney General. And the current Attorney General of the United States is a Black woman by the name of Loretta Lynch. It is the first Black woman in the nation to hold the position of Attorney General that is the only person that can prevent Trump and the alt-right’s white nationalist takeover of the United States.
There is a reason that it is exceptional that she holds this position. And there is a reason that it is exceptional that a Black woman stands in the way of white nationalism. The Attorney General was granted these rights for very specific reasons.
States and localities responded by passing waves of their own legislation in attempts to undermine federal authority. Slave codes were replaced with Black Codes and laws were passed in efforts to incarcerate freed slaves and prevent them from voting, owning property, accessing public space and being employed.
In Louisiana, for example, Black codes legislated that, “Be it ordained by the police jury of the parish of St. Landry, That no negro shall be allowed to pass within the limits of said parish without special permit in writing from his employer. Whoever shall violate this provision shall pay a fine of two dollars and fifty cents, or in default thereof shall be forced to work four days on the public road, or suffer corporeal punishment as provided hereinafter….” In this way, slave labor could be secured in the name of criminal justice. And the federal government would be too overwhelmed with the rebellion of Confederate states and localities to do anything about it.
In response to state and local political rebellions, Congress passed the Civil Rights Act of 1866. This act reaffirmed that those limited communities of people granted citizenship were guaranteed equal protection under the law and set up a system of fines and punishments for those depriving these citizens of their rights.
The Redemptionists of the South were not deterred. In addition to the passage of Black Codes and Jim Crow laws, intimidation was a widely used tactic that was deployed in efforts to prevent the political empowerment of non-whites.
The KKK and other white paramilitary organizations such as the White League and the Red Shirts, for example, waged a violent campaign of murder and intimidation against Black citizen. In 1868 there were just shy of 1100 political murders of Black community members alone. It has been reported “At least 10 percent of the Black legislators elected during the 1867-1868 constitutional conventions became victims of violence during Reconstruction, including seven who were killed.”
Lynchings, rape, night raids and other forms of terror were sanctioned political tactics applied and promoted by Southern Redeemers.
In response to this new wave of state and local rebellions, the federal government responded by passing its own wave of counter legislation. In 1870 and 1871, the Enforcement Acts were passed to designed to halt rebellion, reassert the new national political chain of command and specifically dismantle the KKK. Later recodified in 42 USC 1983, the third Enforcement Act, also known as the KKK Act of 1871 granted the federal government the authority to suspend habeus corpus and gave the president authority to use military force to squash state rebellion.
An onslaught of charges against KKK members immediately followed. In addition to federal will to prosecute and establish authority against the KKK and the use of local law enforcement to reject federal authority, the courts specifically appointed predominantly Black juries to ensure that not only would those that sought to deprive the rights of Black citizens be tried, but they would also be convicted. This Act was so effective in both letter and implementation that the KKK was disbanded in less than a year – but not permanently.
Despite the federal governments assertions of authority following the Civil War, the political and social efforts of the Southern Redeemers and former Confederates waged on. Their unrestrained methods were so successful that by the time of the 1876 election, only 3 states were considered unredeemed.
And by the presidential election of 1876, the South was poised to take control of the White House. Much like the election of 2016, the popular vote was won by one candidate while the electoral college was won by another.
In this case, the Southern Redeemers won the popular vote, while the Northern candidate had won the electoral vote. With the North positioned to lose the White House, a deal was struck which would later be referred to as the Compromise of 1877. Under this informal agreement, the North would retain control of the White House under Rutherford B. Hayes, but the federal government would pull all troops out of the South and put an end to Reconstruction efforts.
And this quiet arrangement held. The Confederate, white nationalist, alt-right political networks were allowed to continue to advance on the backs of minority populations, and the federal government would do little to stop them. Poll taxes grandfather clauses, literacy tests, all-white primaries, voter purging, voter intimidation and a myriad of different tactics were used at the state and local levels to prevent minorities from voting. And the federal government would largely stand by and let it happen – unless forced to do otherwise.
This is what happened in the 1960s when the Civil Rights movement forced a new series of reinforcements that minority rights were protected by federal law and federal law, not state law, is the ultimate authority. In 1965, voting rights advocates marched from Selma, Alabama to the state capital of Montgomery. They were met by state troopers who beat, gassed and whipped them. While this type of brutality was a common experience for both those deprived of their rights and those advocating foe them – this was the first time such an event had been televised. Public outrage encouraged President Johnson to call for comprehensive federal voting rights legislation. In 1965, the Voting Rights Act was passed. Section 2 reads:
No voting qualifications or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color. – Voting Rights Act Section 2
But as time passed, so did federal pressure to uphold the voting rights of minority communities. States and localities continued to pass legislation and engage in practices designed to disenfranchise non-white voters. And again, they would go largely unchecked.
Voter purging systems would be allowed to take over more than half of the states of the nation. Voter ID and proof of citizenship laws would be passed en masse. Restricting and eliminating early voting, refusal to accept absentee ballots, limiting access to polling places and voter intimidation tactics continue to be used to prevent minorities from voting. More specifically, these illegal attempts to suppress minority votes is used by GOP strategists to prevent minority voters from voting for Democrats.
These tactics were intentional and widespread.
In 2005 Charles and David Koch and other alt-right financiers associated with the Donor’s Trust financed the founding of the Project on Fair Representation. The Project on Fair Representation, led by Ed Blum of the American Enterprise Institute and legally steered by Bert Rein of Wiley Rein, embarked on their mission “to facilitate pro bono legal representation to political subdivisions and individuals that wish to challenge government distinctions and preferences made on the basis of race and ethnicity.” Their primary target was the Voting Rights Act of 1965.
Specifically, the Project on Fair Representation sought to remove the provision that required certain jurisdictions to gain approval of the federal government before making changes to their voting policies. The removal of this restriction would allow states to adopt restrictions and engage in practices that directly benefitted the Republican party and the alt-right agenda by making preventing millions of minorities from casting a vote. In 2013, they were successful.
Ed Blum and Bert Rein set out to weaken this section by challenging the formula used to determine which states and regions had to submit to the pre-clearance standard. In doing so, they would weaken the power of the Attorney General and the federal government. They carefully chose their test case, which happened to be in Jeff Sessions’ territory – the state of Alabama. On behalf of Shelby County, Blum and Rein filed charges against the Attorney General in the US District Court in Washington, D.C. They took this case all the way to the Supreme Court where they argued that the formula that dictates which states and regions should be subject to the preclearance test is unconstitutional in the case of Shelby County vs Holder.
And they won.
In a 5 to 4 ruling, the United States Supreme Court Ruled in favor of Shelby County and Blum, Rein, Adelson, Koch and Koch celebrated a victory in the alt-right struggle to dismantle the rights of minorities.
That same year, they launched the Interstate Crosscheck System through Kansas Secretary of State, Kris Kobach. This system enables GOP Secretaries of State to identify millions of minority voters and purge them from the system.
The purge began in 2005 when four Secretaries of State, led by Kobach, “signed a Memorandum of Understanding to coordinate their offices’ efforts in several areas of election administration. Crosschecking voter registration data was one of the areas cited.” The first interstate crosscheck was performed in 2006.
Arguably illegal, but largely uncontested, the alt-right and the GOP launched a full-scale effort to make sure that enough Secretaries of State would be elected in 2014 to ensure the interstate voting purge system would be functioning for the 2016 election. Before Nov 8, 2016, 27 states had signed on to this illegal voter suppression system.
Yet, no charges were filed by the Attorney General. So, the GOP’s alt-right criminal strategy was allowed to succeed. It didn’t have to. It was allowed to.
So, in the name of finding a few cases of voter fraud, over a million people were illegally stripped of their Constitutional right to vote in the 2016 election. These voters were overwhelmingly people of color and individuals more likely to have registered as Democrats. Without voter purging in key states, Donald Trump likely would not have won the 2016 presidential election. He probably would not have even come close.
In Arizona, there is little chance that Trump would have been able to secure the state’s 11 electoral votes without purging almost 271,000 voters. The difference between candidates in this state is approximately 85,000. In Michigan, the difference between candidates vying for the state’s 16 electoral votes was well under 11,000 – almost 450,000 voters had been purged. And in North Carolina, Trump won 15 electoral votes by approximately 177,000 votes. Close to 600,000 votes had to be purged from the system to accomplish this.
The voter purges planned and implemented by the alt-right network altered the outcome of the election in favor of the alt-right candidate and the people involved intentionally violated USC 241, USC 242 and the Voting Rights Act of 1965. But the Trump strategy, much like the Confederate strategy, is to rebel in every way possible and force the left to fight them. It was proven to be an effective strategy for the GOP and the Trump campaign.
But while the alt-right network behind the Trump administration may have temporarily suspended the effectiveness of section 5 of the Voting Rights Act, they still have Section 2 to answer to. It reads:
“No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color.”
The alt-right Secretaries of State and other political officials placing restrictions on voting rights, may consistently declare their opposition to federal authority, but they are also still bound by it under 18 USC 242 which reads:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both…”
Currently, there are 31 states that impose voter id restrictions and 3 states that require proof of citizenship. Despite rhetorical debate, in function these restrictions prevent Black, Latino, Poor, Elderly and Disabled Voters from casting ballots. This function supports the goals of the GOP’s alt-right\white supremacist network, and it is criminally punishable under federal law. But only if charges are brought against the individuals and organizations responsible by the Attorney General of the United States.
Without preventing minorities from voting in key states and counties, Donald Trump would not have been able to secure the 2016 presidential election. He probably would not have even come close. He should not have been able to become close because in the formative days of this nation, federal authorities passed laws to ensure that such a white supremacist, Confederate modeled takeover could never happen in the United States again.
And the Attorney General of the Unites States was granted the authority and the responsibility to do just that under 18 USC 241, 18 USC 242 and the Voting Rights Act of 1965.
In this pivotal moment in the history of the United States, a Black woman holds the power and obligation to stop a criminal takeover of the White House by an alt-right, Confederate-style white supremacist takeover. And we need her to do just that. We need her to protect the minority vote and stop the illegal white nationalist takeover of the United States. It is her responsibility and it should be her honor.
To this end, the Strategic Institute for Intersectional Policy is asking for people to call her at the Department of Justice at 202-353-1555 or TTY/ASCII/TDD: 800-877-8339 and leave a message asking her to make a public statement and press charges against the members of the Trump Campaign for criminal voter purging and voter suppression.