July 4, 2022

By Its Silence in Court, Congress Has Legally Admitted Mr. Biden Did Not Win the Presidency

On December 17, 2020 and again on January 4, 2021, every member of Congress was served with a Petition for Redress of specific violations of the Electors Clause of the U.S. Constitution (Article II, Section 1) that took place in 31 States throughout 2020. One thousand fifty eight (1058) citizens residing in all fifty States signed the Petition. Congress was asked to refute the facts or direct the 31 States to re-do their elections in keeping with the mandate of the Electors Clause.

Congress did not respond to either Petition for Redress of the Grievance. Instead, on January 6, 2021 Congress certified the electoral votes of those 31 States, without any investigation, knowing the 401 electors from those 31 States were not constitutionally chosen and thus no candidate for President and Vice President received a majority of the 538 available electoral votes.

On February 14, 2021, Robert Schulz, Anthony Futia Jr. and all others similarly situated filed a Complaint in the D.C. District Court against the Congress of the United States. For relief, the Court was asked to direct the House to choose the President, and direct the Senate to choose the Vice President, all in accordance with the terms of the 12th Amendment.

Congress did not respond to the lawsuit or the Court Summons and made no appearance in either the District Court or the Court of Appeals.

The lower courts dismissed the case for lack of standing.

The case reached the U.S. Supreme Court. On June 27, 2022 it was assigned Case No. 21-1593.

American Jurisprudence 2d (Am Jur 2d) is the legal profession's leading legal reference.

According to 32 AMJUR POF 2d 253:

• Silence constitutes admission in civil proceedings when circumstances are such that one ought to speak and does not.
• A party's silence may be construed for evidentiary purposes as a tacit admission of the facts stated where a statement is made in its presence in regard to facts affecting its rights, and it makes no reply. NOTE: Here, a statement in the form of a Complaint with a detailed statement of the facts proving that 63 violations of the Electors Clause occurred in 31 States was served on every member of Congress.
• It is frequently held that evidence of a party's silence can be introduced as proof of an admission if the following conditions are shown to have existed:
  1. the statement in question was made in the party's presence and hearing. NOTE: Every member of the Senate and every member of the House of Representatives along with the Senate Legal Counsel and the Office of General Counsel of the House of Representatives were served with a complete copy of the Complaint, and
  2. the party was capable of understanding the meaning of the statement, and
  3. the party had sufficient knowledge of the facts embraced in the statement to reply thereto, and
  4. the party was at liberty to deny the statement or otherwise respond to it, and
  5. the statement was made under such circumstances as would naturally call for a reply, and
  6. the statement was made by a person normally entitled to a reply.

Here, each of the listed conditions existed. Congress had a duty as a defendant in a court of law to respond to Petitioners’ claims, and it was fully capable of responding to the two principal claims: 1) that no candidate for President and no candidate for Vice President received a majority (270) of the available 538 electoral votes because 401 votes were cast by Electors from 31 States who were unconstitutionally chosen and thus whose votes had no legal force, binding power or validity, leaving only 137 constitutionally valid electoral votes to be cast, and 2) that by knowingly certifying the electoral votes cast by Electors who were unconstitutionally chosen Congress displaced the power committed by the Constitution to the State Legislatures to determine how votes of presidential Electors are to be obtained.

There are no issues of fact. Congress’ silence equates to admission

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