The following letter was sent to Spencer Morgan, Accomack County Commonwealth’s Attorney by local citizen Charles Landis. Landis has been accused by Ralph Northam’s Jay C. Ford of making seditious comments.
You have publicly endorsed a charge by Mr. Jay C. Ford that I have published “seditious” comments/opinions on social media. And, further, that I should be taken off the “internet”(FB). Below, I have republished offending commentaries and I proudly plead guilty.
I request that you formally charge me with sedition and explain what I have published that is not protected as free speech by the US Constitution or the Virginia Constitution. And why I should be censured from the internet.
Note. Mr. Morgan consistently hits the like button on FB for everything Jay Ford posts; including charges (as noted) against personally me by Ford. As Commonwealth’s Attorney, he could be required to recuse himself when prosecuting any defendant who is a Trump supporter for any alleged crime. Any defendant prosecuted by Morgan need only cite postings of Ford and his endorsement as a prejudice/bias. As officer of court he should not do this..
Charles A. Landis. Resident. Onancock, Va. An d citizen of USA.
When more than half of the people, including 17% of Democrats, do not believe Biden was legitimately elected, everyone should want to address those concerns. Senator Cruz simply wants to address those concerns by inquiry into the causes that gave rise to these concerns. Only by this will there be resolution. Anyone who objects to this resolution confirms illegitimacy and have no interest in integrity of electoral process.. Res Publica.
Prior to the Nov. 3 election, I published a commentary on constitutional issues that may arise if electoral votes were contested. This was based upon a study by constitutional scholars at the Hover/Stanford. Specifically, Article 2 Sec. 1 (role of state legislatures.) and Twelfth Amendment (role of Vice President). Authority of Vice President (Pence) in “counting” provision is not defined in the Constitution . Twelfth Amendment only mandates Pence open ballots, it does not say who counts or by what process. Supreme Court would have to interpret if Pence decided to not count a states(s) electoral votes as certified if contested. Arizona’s electoral vote certification was contested by a representative of Arizona and joined by a senator as required (Cruz). .Until counting is interpreted/defined by SCOTUS, the issue remains. I believe Pence correctly decided to avoid the Constitutional challenge because, SCOTUS, probably, would not rule in his favor. Res Publica.
Nothing Trump has said or done is seditious or insurrectionary. Right of free speech, assembly, and to petition government to address gradiences are guaranteed by the 1st Amendment. His address to the many thousands that gathered in Washington, and many millions who watched from elsewhere, spoke to their beliefs. The right to contest the certification of any electoral votes is guaranteed by the Constitution and no member of Congress contested that right. Article 2. Sec . 1 of Constitution was violated by the several states where certification was contested. That is not sedition. At no time did he incite violence. By employing National Guard, ipso facto, he invoked provisions of Insurrection Act to suppress agent provocateurs at Capitol.
It is a sad day when the Comrade Fords of this world are so filled with ignorance and hate. Trump is a profile in courage. Res Publica
Note. The following comment was first published I n November ,2020.
he Electoral Vote Count Act of 1887establishes December 8 as the deadline date for states to submit certified lists of electors to Congress. If there are any contests or controversies remaining unresolved, the Act provides for Congress to decide which electors, if any, will cast heir state’s ballots. Then the Electoral College meets Dec.14. Further, if a state is not able to certify votes by December 8, , because of contested after time ballots or other litigation, as opined in SCOTUS decision in Bush v Gore, the state legislatures may take back appointment of elector decision from voters and vest in the legislative branch. This would require special superseding legislation which would again entail time and litigation, especially if legislative bodies are split.
Again, pursuant to the Electoral Count Act, the decision will be passed to Congress (House) where each state has one vote and Republicans have a 26-23 majority (Pennsylvania is split). The12th Amendment, however, requires all certificates of electors be opened publicly by the President of the Senate, Vice President Pence, in presence of House and Senate and shall be counted. Constitutional issue arises because Act does not say who is to do the counting and the issue has not previously been brought before the Court. It logically follows the Vice president does but this requires him to also decide if some state’s electors should be counted if controversies and litigation are still not resolved. Democrats would certainly object to a Republican deciding in case of a closely contested battle ground state.
A new House is seated on January 3, President assumes office Jan. 21.,. but the members elected in 2020 will vote not those elected in 2018. Some may also be contested or require run offs. One new Democrat representative in Pennsylvania and a flip in one other state and the House could be divided 25-25. Therefore, the Electoral System fails. Res Publica.