The most glaring takeaway from the draft Executive Order of December 16, 2020 to my mind is the assignment to the Secretary of Defense of seizing voting machines used to elect President Biden.
There are many things wrong with this draft XO, but that is the biggest one I think. The document recites that "the Secretary of Defense shall seize, collect, retain and analyze" the voting machines "under United States Code Title 42, Sections 1974-1974(e)". Download Draft Executive Order dated December 16 2020.
First of all, there aren't any such things as Sections 1974-1974(e) now, and there weren't then. Those statutes were renumbered long ago and reassigned to 52 United States Code Sections 20701, et seq.
They do not authorize the Secretary of Defense to do a thing. The statutes, then and now, give authority to the Attorney General and jurisdiction to the U.S. District Courts, not to the Secretary of Defense.
And the authority these statutes give is not the authority to seize voting machines.
So in all this, the question: Why the Secretary of Defense and not the Attorney General? Why order the Secretary of Defense to seize voting machines and not not the Attorney General, who is more involved with elections than the Pentagon, after all?
The Attorney General at the time -- remember that this document is dated "December 16, 2020" -- already showed that he was not inclined to seize voting machines, we now know. The Secretary of Defense at the time was a protege of TFG, appointed as recently as November 2020.
The goal was to seize voting machines, so the goal had to include picking someone who was likely to perpetrate the seizure of voting machines rather than oppose it. This first question has a simple answer. That's why the Attorney General was not included here. He wouldn't be likely to go along with it. Someone else had to be the choice to perpetrate the scheme.
Really, in the end, simple as that. But why mobilize the National Guard, and why not the Army?
To be continued ....
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