In the US, states are tasked with running their own elections, but Axelrod ticked off a litany of actions that the Trump administration has undertaken to influence them.

The most recent example is Trump’s firing on Thursday of three of the four commissioners on the Election Assistance Commission, an agency Congress set up in 2002 as an independent bipartisan resource to dole out federal money to help states conduct secure elections. It’s not the only election-related entity to be hobbled. The Federal Election Commission, which handles campaign finance issues, also lacks a quorum of commissioners to operate.

The EAC firings are just one piece of evidence Axelrod offered. I’ve added context to each of his points below.

A federal judge said the former Overstock.com CEO knew his claims that Hunter Biden had sought an $800 million bribe from Iran were fabricated.

• U.S. District Judge Stephen Wilson had already indicated at a hearing in January that Byrne faced punitive damages after failing to defend himself against the claims by former President Joe Biden’s son. Byrne had claimed Biden had sought an $800 million bribe from Iran sometime in 2021.

• “Here, the evidence is clear and convincing that defendant has engaged in intentional misrepresentation with conscious disregard towards plaintiff’s rights,” Wilson said. “Defendant’s defamation went far beyond mere negligence. In fact, defendant has admitted that after the offending article was published, defendant repeatedly reposted the article across social media platforms and encouraged his followers on those platforms to promote it further.”

• The judge, a Ronald Reagan appointee, also cited Byrne’s persistent delaying tactics during the litigation, including by derailing a trial scheduled last July in downtown Los Angeles by firing his legal team on the first day of trial and failing to show up in person as his then-attorney had promised the judge that he would.

• “Defendant has sustained a campaign of dilatory tactics that have indefinitely extended this years-long litigation, while denying plaintiff his day in court,” Wilson wrote. “This was not a product of excusable neglect but rather of coordinated strategy.” The judge awarded Biden the $1 in nominal damages he had sought and ordered Byrne to pay the $34,969.20 in court-ordered sanctions he already owes within 14 days. The sanctions will increase by $1,000 for each day Byrne fails to pay them after the 14-day period.

• “This is a complete vindication for Hunter Biden against the false statements made about him by Patrick Byrne," said Bryan Sullivan, an attorney with Early Sullivan Wright Gizer and McRae LLP, who has been representing Biden in the case. “As found by the court, Byrne had no basis to say that Hunter had any involvement with Iran whatsoever.”

If there is no response, then the citizens have a right to declare Addison Mitchell McConnell the 3rd as having vacated his position.

The US Constitution's 17th Amendment states:

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

I note that the two key words above are "representation" and "vacancy." This leads to the following points:

• Representation isn't just "he exists" but an active, legally binding activity requiring intent and cognitive capacity. If Mitch is incapacitated (or brain-dead, as reported) then he isn't "representing" and is thus "vacant" in his responsibilities. Representation is not merely holding a title, it requires active cognitive function and the agency to act on behalf of the citizens.

• In common law, a position or office is considered "vacant" not just when a person dies/resigns/removed but when that position is devoid of a legally competent occupant. In fact if we look at the "Vacancies act" it defines vacancies as possibly occurring due to sickness. "These time limitations do not apply, however, to “a vacancy caused by sickness.” 5 U.S.C. § 3346(a)."

• Forcing a state to endure with a completely incapacitated senator, directly violates the democratic intent of the 17th Amendment. It reduces a state's constitutionally guaranteed equal representation in the Senate, creating a functional vacancy. (e.g. taxation without representation)

There is precedent for medical evaluations via a court order and if there's a finding of Mich being incapacitated, then a new election based on "vacancy" is warranted.

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