DOJ Fights for Illegal Aliens to Vote in Virginia

Commentary

U.S. Attorney General Merrick Garland is now suing Governor Glenn Youngkin of Virginia for having the temerity to remove unlawful voters from the election rolls.  In 2019, I made a Freedom of Information Act (FOIA) request to my Virginia County Clerk of the Court on those rejected for Jury Duty.  The Jury Duty rolls, by Commonwealth of Virginia Law, harvest the names predominantly from the Voting Rolls.  There are 20 different reasons someone can be rejected from Jury Duty.

Doing basic math, there are three non-debatable categories where someone would be unlawful to be on the election roll.  Yet 6% of the names were rejected from Jury Duty because they were unlawfully on the election rolls.  Taking in other categories where there may be an issue with the lawful nature of the voter, applying a very low percentage of the total, the number of potential unlawful names on the rolls shot to 12% of the total on the Virginia Rolls being unlawful (again a very low, small “c” conservative percentage was applied).

One of the hard categories of illegality is not being a U.S. Citizen.  How could a non-U.S. Citizen be on the Virginia voter rolls?  For anyone who is not aware of it, 18USC611 “Voting by aliens”, makes it unequivocally clear that it is unlawful for a non-U.S. Citizen to vote.  Yet here we are, illegal aliens are on the election rolls in Virginia, and the current U.S. Attorney General is fighting against the lawful U.S. Citizen to keep unlawful voters on the rolls.

A Constitutional Showdown – which has precedence, 18USC611 or Motor Voter?

 It would have been wonderful if Attorney General Bill Barr had remembered 18USC611 in 2020.  There is gross ignorance by the self-appointed “election law experts” on Federal Laws in regard to the conduct of elections.  There are actually not that many Federal Laws on the conduct of elections.  There is the 1965 Civil Rights Act, 1993 Motor Voter (also known as The National Voter Registration Act), the 2002 Helping Americans Voter Act (HAVA), and 52USC207 Retention of Records.  But for some reason, 18USC611 is conveniently ignored, forgotten, or not known.  Some bring up the caveated possible exception of 18USC611 unless “(c)(3)the alien reasonably believed at the time of voting in violation of such subsection that he or she was a citizen of the United States.”  That would only apply if there was written guidance posted at the ports of entry where illegals are being brought in by the Biden Harris Team.

A constitutional showdown has been established.  Which has precedence, 18USC611, which mandates only U.S. Citizens can vote, or the 1993 Motor Voter Law, which may have placed unlawful voters on the election rolls?  Motor Voter requires a 90-day quiet period in advance of an Election for removal of a name – and requires the written approval of that registrant before they are removed.  However, Motor Voter also imposes criminal penalties upon an individual that “deprives or defrauds the inhabitants of a State of a fair and impartially conducted election process.”

Allowing an unlawful voter onto the rolls would rise to the “deprives or defrauds” threshold. There is a clear conflict between two Federal Laws – first, that someone must be a U.S. Citizen to vote and second, allowing someone who is unlawful to stay on the Roll, thus depriving U.S. Citizens of their Constitutionally guaranteed vote.  Any rational, constitutionally-minded Citizen would concur that 18USC611 should prevail over the 1993 Motor Voter law.

Punitive Election Interference by Merrick Garland

 The Biden/Harris DOJ likely had the assault on Governor Glenn Youngkin pre-written and ready to go on the October Surprise conveyor belt to ensure illegals can vote.  There are likely several more lawfare suits “Teed Up” to throw sand into the gears of election integrity.  All Garland’s team has to do is fill in the Governor’s Name and State, and the assault is ready to file in U.S. District Court.  AG Garland is ruthlessly “depriving” and “defrauding” legal U.S. Citizens by fighting for illegal aliens to vote.

Governor Youngkin responded to Garland’s assault on the Constitution, “With less than 30 days until the election, the Biden-Harris Department of Justice is filing an unprecedented lawsuit against me and the Commonwealth of Virginia, for appropriately enforcing a 2006 law signed by Democrat Tim Kaine that requires Virginia to remove noncitizens from the voter rolls – a process that starts with someone declaring themselves a non-citizen and then registering to vote. Virginians – and Americans – will see this for exactly what it is: a desperate attempt to attack the legitimacy of the elections in the Commonwealth, the very crucible of American Democracy.”

 Once again, Blacks and all lawful Citizens of Virginia are having their votes nullified – this time by the Federal Government

Virginia was held to account by the 1965 Civil Rights Act to ensure Black Americans could vote, and their rights were not undermined by Civil War-era Jim Crow laws.  Now that many demographic groups, including Blacks are sharply increasing their support for Former President Trump, their votes are again being thrown into the trash bin again, this time by an over-bearing, reckless, and unlawful U.S. Attorney General.

There are two Americas – one for American Citizens and one for illegal aliens brought in by the Biden-Harris Team to steal an election.

Criminals and the malign-minded constantly evolve their tactics to manipulate or get around the law.  This time, non-Citizens are given a special status and showered with largess looted from the U.S. Treasury which was taken from the American People.

Governor Youngkin is following the law and coming down on the side of the lawful U.S. Citizen in a clear conflict between two Federal Laws – one of which has been hidden in a cave for years by the experts.  A state Governor must resolve this Constitutional crisis because the Federal Government is not doing its lawful, Constitutional duty.

All viewpoints are personal and do not reflect the viewpoints of any organization

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COL (Ret) John Mills has significantly shaped U.S. national security policy over four decades, serving in roles from the Cold War through the era of Great Power Competition. His career includes multiple combat tours, senior civilian positions at the Department of Defense, and strategic duties with the National Security Council in two administrations. Additionally, he is associated with the Center for Security Policy, and the Committee on Present Danger China. ColonelRETJohn2 on X, ColonelRETJohn on Substack, GETTR, and Truth Social.

You can email John Mills here, and read more of John Mills's articles here.

 

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