How To Refute Congress' January 6 Hearings

by Mary Maxwell, PhD, LLB

Here is a letter that I have addressed to the Grand Jury in Fulton County, Georgia. You are welcome to reprint it. It provides a way of understanding and refuting the misleading claims that are being made by the "Select Committee" to investigate the January 6, 2021 "Insurrection."

July 14, 2022

To the Foreman of the Grand Jury of Fulton County, Georgia:

Greetings. I have heard that you are looking into the matter of the 2020 election. I have an important piece of information to pass to you, something that I have not seen mentioned by anyone in the press. It's about the proper procedure to be followed at the January 6 opening of the ballots. I hope you will hear me out.

I was on the Republican ballot in the New Hampshire presidential primary in February 2020. Of 18 candidates, the top 3 were Trump with 129,000 votes, Gov Weld with 13,000, and myself with 929. Bernie Sanders led the Democrats in NH with 75,000 votes while Biden got only 25,000. In November, Biden got 424,000, beating Trump's 366K. Thus, Biden earned all 4 of my state's Electoral college votes. I assume the counting was cricket.

When I watched the Georgia legislature investigating complaints about the November presidential election in that state, it looked to me that many complaints were valid, such as Mrs Grubbs' report that she had seen a shredding company take piles of ballots away.

I have subsequently watched the movie "2000 Mules," and sat through Mike Lindell's 2-hour documentary, and read part of Sidney Powell's lengthy report. My layperson judgement is that there was cheating in Georgia, and other battleground states.

Cheating can be done in many ways. For example, it can be done by preventing a candidate from taking part in the televised debates -- as happened to Ron Paul in 2008. Cheating could be done by killing one of the two contenders, which I believe has happened occasionally, "down ballot." Cheating is a familiar human practice -- why else would we have laws against it?

As soon as some states got electronic voting, the possibilities for cheaters were opened wide. In 1992, Jim Collier and his brother Ken wrote a very important book entitled Votescam. It revealed that the main cheating in the 1970s and 1980s was done by a group called News Election Service, NES, composed of the three TV networks, plus the Associated Press.

Jim Collier said that NES simply made up the figures, according to a prior plan, and announced the "winner" as soon as the polls closed. The machines could be rigged to come up with that exact count. We were all too naive to notice what was going on. Also, we started from a premise that governments are honest -- what a joke! Collier showed his findings to the head of the FBI, Robert Mueller, and got nowhere. And newspapers refused to listen.

Now, I said I was going to supply a piece of information. It's publicly knowable -- it's codified in federal law at 3 USC 15. That's the section that sets out the exact ways for the Vice President (in his role of president of the Senate) to deal with the incoming Electoral colleges' ballots. Pardon me for bringing coals to Newcastle if you already know the details of this legislation.

The reason it may interest you, is that all the media are going at full throttle about Trump's having inspired the 6 January 2022 invasion of the Capitol building. One of their ways to incriminate Trump is to imply that he made a secretive, mafia-like phone call to Georgia's Secretary of State, Brad Raffensperger. As you know, that call was not secretive; its transcript was published and it shows Trump pointing out specific complaints.

Naturally, the US president has a right to phone anyone. I'd even say he has a duty to fish around if there are rumors of a stolen election. Paul Craig Roberts, a serious citizen of Georgia if ever there was one, said anyone could see the vote numbers jumping from the Trump column to the Biden column. (I think that happened in the wee hours of Wednesday, Nov 7th).)

So here's my 3 USC 15 story. I claim that Trump -- even if he were a cad, or a monster, or simply had a delusional ego -- he would not, and did not, set up an invasion of the Capitol in order to make the certification of the Electoral ballots go in his favor.

Surely we are being tricked by Nancy Pelosi's "Select Committee to Investigate the January 6th Attack on the United States Capitol." Her "January 6th hearings" are using every innuendo in the book, aided by public ignorance, to create a scene whereby Trump planned to have his supporters enter the building, and do God knows what, to overturn the Electoral vote count.

That count was 306 Biden to 232 Trump. Perhaps a miracle could have brought Trump's numbers up to the critical point of 270. By the way, Dinesh D'Souza's "Mules" movie would pull Trump up to 279.

Federal law 3 USC 15 instructs Congress's 535 members to meet for a joint session, at one o'clock on January 6 of each Inauguration year, and to watch closely as the ballots from the 50 states are counted by "tellers." I quote:

"Two tellers shall be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate [Mike Pence], all the certificates and papers purporting to be certificates of the electoral votes, ... in the alphabetical order of the States ,... and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates."

[Imaginary example: A teller says: "Pennsylvania -- Kennedy 15, for president, Johnson 15 for vice-president."]

"and the votes having been ascertained and counted according to the rules in this subchapter provided [quod vide, sections 5 and 6], the result of the same shall be delivered to the President of the Senate who shall thereupon announce the state of the vote...

[I believe this means Pence would conclude, in 2021: "Biden 306 for president, Harris 306 for vice president; Trump 232 for president, Pence 232 for vice president."]

which announcement shall be deemed a sufficient declaration of the persons ... elected President and Vice President of the US."

Here then, is my point. There is no provision for Mike Pence to have done his boss a favor by changing the votes or invalidating them. It was out of his hands; the tellers did the counting.

But isn't there some legal method for questioning the validity of controversial Electoral ballots? Luckily, yes, there is a way. Let's continue to quote from 3 USC 15:

"Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received.

"When all objections so made to any vote or paper from a State [say, Michigan] shall have been received and read [each chamber shall debate it and vote on it] .... When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted."

[Imaginary example: "One of California's Electoral ballots, cast for Biden and Harris, has been rejected."]

I interpret Pelosi's "January 6 hearings" to be, well, garbage. I doubt if President Trump, on that day, or on days leading up to January 6, took any steps toward arranging for marauders to enter the Capitol, it would have ruined his chance of having some ballots challenged, as described above.

On January 5, Rep Mo Brooks and others -- to the tune of 139 reps altogether -- were indeed going to do some challenging. The counting began, alphabetically, at 1:00pm. Alabama and Alaska went smoothly, but it was precisely when Arizona was counted, and a challenged was raised, that the marauders broke in.

Coincidence?

That occurred at approximately 1:30 pm, on January 6, and all congresspersons retreated to safety. When they resumed the job, at 8pm, it seems that all potential challengers had lost the will to do anything. Every state ballot was accepted. Period.

For this reason, I say, Biden is the legal president even if massive cheating did occur. The constitutional way for authority to pass from the states to Congress, on such an occasion, was duly followed. Citizens may say that the 139 would-be challengers let them down. Well, tough cookies. There's no further comeback. (Of course, an unwanted president can always be removed by impeachment.)

I claim that the courts, also, let the nation down. There were many lawsuits prior to January 6, but the US Supreme Court chose not to hear them -- even one filed by Texas to which 23 other states had joined as amici. During the Pelosi hearings, it has been frequently stated that Trump lost his many court cases. He did not lose -- the cases were not adjudicated. This caused people to feel we have lost our moorings. Really, it was shocking.

There are so many lies being told at the hearings, it is sickening. It has even been discussed that the invaders were going to kill Mike Pence. See how easy it is to fool people? -- a claim is made that Trump demanded that Mike help him. Then, TV viewers, armed with only that crude "plot," are easily moved to think that Mike's life was on the line.

I also heard on CBS News that Rep Jim Jordan "sneakily " sent Mike Pence a second set of ballots from his state. This was mentioned as a possible crime. No, it's not a crime. 3 USC 6 shows how to determine if a state's ballots were certified by that state. If they weren't, the whole procedure that I have just laid out, would come into play. Jim Jordan could air his story and if he could get a senator to co-sign, the two chambers would debate and vote. This is the beauty of American government. It's not open to, say, a military coup d'etat.

By the way, I don't approve of General Mike Flynn's offer to the president to have troops seize election machines, as all elections are state affairs. But I can understand Sidney Powell's frustration that the FBI has not raised an eyebrow over her evidence that some software companies provide for weighted voting. Why?

In my opinion and experience, the FBI never gets involved on the side of the people. Ms Powell was bigly sued by Dominion to put an end to her snooping, and thus our snooping.

In the latest hearings Trump is made out to be a madman on the basis that Flynn and others were screaming at each other in the residential part of the White House. That's what we want, isn't it?

Please let me say more about the Invasion. How could anyone not see it as theatre! What about the lady who is seen breaking glass? She had no need to do that -- we saw the Capitol Police opening the doors to the crowd. I must say we haven't learned much from the many episodes of agents provocateurs in our history.

Come on, the Invasion thing is ludicrous. It goes along perfectly with other psy-ops, aimed at destabilizing society. I think punishment is due, for anyone who made this psy-op happen.

A big clue occurred when some 'Invaders,' who had been arrested and imprisoned for 6 months, were offered a plea deal -- they could have their sentence limited to "time served." Who wouldn't accept that? They may have had kids at home waiting for dad to earn the bacon. But their guilty plea makes it possible to say they were convicted for their admitted guilt. Meanwhile citizens don't get to find out whether entering an open-door building is crime.

This week, we're being treated to a build-up towards an indictment of Trump for January 6 crimes. Personally, I am more than willing to see an ex-president get indicted, and even executed, for crimes, if appropriate. Some living presidents may indeed qualify. Maybe Trump qualifies. But not for January 6. (And, for the record, it is perfectly constitutional for angry citizens to march to any building in Washington DC.)

Shame, shame, shame on the TV networks and CNN for the way they are handling this. Note how a CNN interviewer can make a throw-away remark about extremists having planned to carry explosive devices into the Capitol, but omit to say if those guys have been arrested. They certainly need to be arrested. I'm big on punishment. Please see my book Prosecution for Treason.

Any accomplice to the planning of the Jan 6 theatre -- at which a citizen died, don't forget -- needs to be raked over the coals.

Enough, enough of these knaves! and rogues, and creeps! And that includes Republican senator, Mitch McConnell. How can the good people of Kentucky have voted for such a person?

Oops, wait a minute -- maybe they didn't.

Thank you for listening, O Foreman of Fulton County Grand Jury. The role of the grand jury was protected by a US Supreme Court ruling in the Williams case in 1992. The ruling said:

"In fact the whole theory of [the grand jury's] function is that it belongs to no branch of the institutional government, serving as a kind of buffer or referee between the Government and the people." Hooray!

I also note that yesterday, July 13, Sheriff Richard Mack and his colleagues in the Constitutional Sheriffs and Peace Officers Association, say they are ready to deal with the fraud that went on, on November 3, 2020.

Yours very sincerely, Mary Maxwell, PhD, LLB

175 Loudon Rd, Apt 6, Concord NH 03301
Email: MaxwellMaryLLB@gmail.com
Campaign website: www.ConstitutionAndTruth.com