EXCLUSIVE: Constitutional Attorney Says Pence, Congress, Violated Constitution, Trump Can Use EAS To Circumvent Censorship
Speaking exclusively with National File on January 7, Constitutional Attorney Ivan Raiklin explained that President Donald Trump’s “only option” to defend the Constitution is to “activate the Emergency Alert System.” This comes as Big Tech companies have banned President Trump and many of his supporters from using their platforms just days after Congress certified the fraudulent Electoral College results on January 6.
He also pointed out multiple Constitutional violations by states, Congress, and Vice President Mike Pence.
“Everyone consummated the violations to the Constitution across the board,” said Raiklin.
According to Raiklin’s legal analysis, the states violated the Constitution on December 14 when they sent their slates of electors to Congress.
You had the fraud going on at the precinct level. The states violated Article 1, Section 4, which is time, manner and place of running federal elections. They went outside those bounds.
Then Article 2, Section 1, Clause 2, the states violated that component of the Constitution, which is the Electors Clause, because they didn’t select their electors in the manner that the state legislatures mandated under their election laws.
Then you have Article 4, Section 2, which is the Supremacy Clause of Constitution, meaning that the Constitution and federal laws supercede any state laws in contravention to that federal law, by running their elections in the manner that they did and it goes alongside of Article 1, Section 4.
Also, they violated the 14th amendment, the individual folks that legally and legitimately voted, because their votes were diluted by the fraud. It could’ve only just been one dead person, at the end of the day it occurred and they need to have pristine elections, and that’s not what happened.
He also said that Vice President Pence violated the Constitution on December 23, by not sending a letter to those states, demanding that they correct the fraud. As National File reported, US Code actually prohibited Pence from accepting electoral votes from fraudulently certified states. Additionally, Raiklin said that Pence violated the Constitution a second time on January 6 by “not setting up an environment to correct the fraudulently certified electoral slates from these six contested states.”
“The United States Congress yesterday, facilitated the violation of all those parts of Constitution and in addition to that, they violated the 5th amendment, the Due Process clause, because the 5th amendment applies to the federal government. I’d argue that they also violated the 12th amendment, the manor that they voted in the House on the objections,” said Raiklin.
According to Raiklin, these Constitutional violations, along with the extensive censorship of the President by Big Tech and Big Media, who are still protected by Section 230 “courtesy of the Senate Republicans,” has left President Trump with one last option – activating the Emergency Alert System.
“His only option in order to be able to defend the Constitution is to activate the Emergency Alert System, to be able to convey his message to the American people across television, radio, internet, and phones, since he’s being banned on everything. In that message he needs to lay out the case to America that we are being attacked by foreign adversaries, particularly China, in terms of cyber. There’s also a Russian and Iranian component. I’m saying this with a high degree of confidence, based on all the reporting that I’ve seen, and it’s all unclassified,” said Raiklin.
“He needs to lay out the case of a foreign attack based on national security grounds, which is what you’d usually use the EAS system for, and articulate that under the framework of Executive Order 13848.”
Raiklin recommended that the President take his time and “articulate everything,” and to “use the entire executive department, declassify things that you need to declassify, to let folks know.”
“Because there is an insurrection going on inside of the entire government, funded, supported and fomented by foreign actors, he needs to lay out that case as well, of any evidence of that,” said Raiklin. “Why would Nancy Pelosi call for an impeachment of the President when he specifically said there was going to be a peaceful transition, with less than two weeks remaining, saying they will impeach him unless the cabinet throws him out of office using the 25th amendment?”
“There must be something that will implicate her, that is already in the hands of the President, and she needs him out of office to not be able to activate the Emergency Alert System, to communicate to America what she is also potentially complicit in. There is something there,” said Raiklin. “That something may be somehow associated with Eric Swalwell being on the intel committee, and his relationships that have been exposed recently of potential ties with China.”
Raiklin noted that it would be strategically advantageous and possible for China to co-opt US politicians, such as California Representative Eric Swalwell, Georgia Governor Brian Kemp, New York Governor Andrew Cuomo, and California Governor Gavin Newsom, in order to “influence their decision making in a manner that is most favorable to Chinese interests.”
“It is my assessment that there is a potential nexus there, from what I’ve seen, that’s worth looking into further, in auditing these individuals on their ties to foreign connections, potentially, foreign intelligence services and foreign governments. Unfortunately we don’t have a FBI that does that.
One of the reasons that they don’t do that, I would suspect, is that the committee that has oversight over the FBI has an agent, potentially, of its own, that would apply pressure to those same agents that would be investigating them, ie: Swalwell on HPSCI, the House Permanent Select Committee on Intelligence.”
Raiklin said that the President’s main focus should be restoring election integrity in the United States, regardless of the politics. He recommended that President Trump use the EAS and “activate federal forces under the Insurrection Act, send them to the swing states that violated the Constitution, and tell the state governors that those federal forces will remain in place until the state legislatures actually vote on an electoral slate of their choosing.”
Such a move would force states to conduct their elections in the manner that is consistent with Article 2, Section 1, Clause 2 of the Constitution, “which they have yet to do,” according to Raiklin.
“In terms of the US Constitution, I’ve sworn an oath several times in my career, and that thing doesn’t expire. It is my obligation to advise the President that he has also taken an oath to defend the Constitution. Right now, under these circumstances, that is the only mechanism that he has legally,” said Raiklin. “It would be Martial Law in those states until the those legislatures actually voted and complied with the Constitution.”
“It wouldn’t be against the people. Let me frame it this way, it would be solely deployed to those state capitals, like the actual capital building, to make sure that the legislators voted how they wanted to. It’s not coercion.”