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"And ye shall know the truth, and the truth shall make you free." - John 8:32
WEBCommentary Contributor
Author:  Michael J. Gaynor
Bio: Michael J. Gaynor
Date:  November 8, 2020
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Topic category:  Constitution/Constitutional Crises

President Trump's Constitutional Path to Reelection

Result: the task of choosing the next President and Vice President now belongs to Congress, as the Constitution requires, and the Supreme Court should stand strong and do its job when the issue is presented to it.

The shameless efforts to persuade (or intimidate) President trump to concede are perfectly understandable.

They call to mind the threat that "we stole it fair and square and don't try to do anything about it."

However, the United States of America is a nation of laws, not men, or women, or men and women.

We have a Constitution, thanks to the Founders.

They gave us a constitutional republic, if we can keep it as Benjamin Franklin put it, not a pure democracy, for good reasons.

These days the radicals demean them as racists and sexists as those radicals try to create a new system by using tactics fair and foul (including riotingand looting and vote fraud). Vote fraud is i;legal as well as foul and must not be tolerated, much less allowed to determine elections, especially the Presidency and Vice Presidency of the United States.

Bulletin for the radicals: the Founders foresaw the possibilitythat no presidential- candidate might receive a majority of the electoral votes.

When that happens, the House of Representatives picks the president with each state receiving one vote.

Nancy Pelosi is the Speaker of the House, but Republicans have a majority of the states and can chose President Trump.

The Vice President of the United States and the President of the Senate (the same person) is chosen by the Senate and the Republicans have a 53-47 majority in the Senate, so presumably Vice President Pence would be chosen.

What should the Supreme court of the United States do with states like Pennsylvania and Nevada, where the true winner of the race cannot be determined, due to shenanigans in Philadelphia, Pennsylvania and Clark County, Nevada?

There is no time for another election and stealing the election must not be permitted.

The winners of the electoral votes of Pennsylvania and Nevada and probably more states cannot be determined with reasonable certainty and should not be presumed, so they cannot be awarded

Result: the task of choosing the next President and Vice President belongs to Congress, as the Constitution requires, and the Supreme Court should stand strong and do its job when the issue is presented to it.

Michael J. Gaynor

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Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to,,, and and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is

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