“Christopher Krebs, the former director of the Cyber Security and Infrastructure Security Agency (CISA) who was fired by President Trump for contradicting the president’s claims of voter fraud, appeared on 60 Minutes Sunday where he spoke about the security of the election. Krebs was fired via a tweet after CISA issued a statement calling the election the most secure in the history of the U.S.
Krebs’ was rightfully fired when he asserts that there wasn’t fraud in the 2020 election; this is a farcical contention; now, some of the fraud claims might be unsupportable, and the remaining claims are insufficient to overcome Biden’s vote total but there is sound evidence of fraud.
The extent of the fraud, in the long run, is not the issue: If there is evidence of fraud, the whole election, at a minimum, shows the appearance of impropriety of wrongdoing.
The cases decided are subject to appellate review, and any evidence of fraud or other wrongdoing should be a moiety of the analysis employed by appellate courts.
The majority of the inferior courts have granted motions to dismiss based primarily on the ground that Trump lawyers, in their pleadings, have failed to present evidence that overcomes rules that define burdens of proof or standards relating to those burdens.
This process neglects the reality that Americans are entitled to their day in court; the lower courts’ tests are too onerous. It may be that the rules they are following violate due process of law; formal hearings or trials, where witnesses are required to testify under the potential of perjury should be the preferred practice.