Every state holding a Presidential primary requires candidates to sign an application to be on the ballot. Without this application and its sworn oath, a candidate cannot be placed on the primary ballot. In Texas, to be on a party ballot, you must “swear that I will support and defend the Constitution and laws of the United States and of the State of Texas.” This oath makes each candidate liable or responsible for actions taken which do not support and defend the Constitution and laws of the United States and Texas. Successful candidates give a similar oath before serving in their new public office. Since the “stolen election of 2020” allegations have been fully and finally adjudicated by 60 lawsuits filed by Trump in 6 states with some actions being appealed to the United States Supreme Court. The Judiciary under our Constitution has spoken. The 2020 election was not stolen. Any statement to the contrary is not in support and defense of our Constitution and may result in civil and criminal liabilities, and maybe, injunctive relief against each candidate stating the 2020 was stolen. Each “stolen election” office holder may be committing fraud, an abuse of official capacity as stated in Texas Criminal Code §39.02 or for violation of:
5 U.S. Code §7311 – Loyalty and striking
An individual may not accept or hold a position in the Government of the
United States or the government of the District of Columbia if he—
The Republican Party of Texas’s Platform states, “We reject the certified results of the 2020 Presidential Election, and we hold that acting President Joseph Robinette Biden Jr. was not legitimately elected by the people of the United States.” Based upon the “stolen election” claims having been fully litigated and determined to be untrue, this statement in the Republican Platform constitutes a lack of support and an attack upon our Constitution and laws of the United States and Texas.
Trump or the Republican Party have no unresolved “stolen election” claims pending in any court today. The Judiciary Branch of our Constitutional Republic fully determined all “stolen election” claims as false. If Trump or the Republican Party had not litigated his “stolen election” claims, and lost, with final judgments, they could argue they were supporting and defending the Constitution and laws of the United States and of the State of Texas. But they did.
William Barr was appointed by President Trump to be Attorney General and served under Trump from February 14, 2019 till December 23, 2020. Barr, his U.S. attorneys and FBI agents investigated the same allegations of “stolen election”. Barr’s conclusion, “to date, we have not seen fraud on a scale that could have effected a different outcome in the election.” Trump chose Barr to be in charge of election law compliance as Attorney General. Trump and his Republicans’ public refusal to accept Barr’s 2020 election conclusion is a violation of their prior oaths.
On January 6, 2021 Trump called Pence and tried to stop him from performing his constitutional duty in Congress to certify the Electoral College Vote. Trump’s intentional effort to change or delay the Electoral College results in our Congress is a violation of Trump’s oath of office in the Legislative Branch of our Constitutional Republic.
Any candidate running today that has said the 2020 election was stolen is in violation of his prior oath to be on the ballot and should not be administered another oath to be on the primary ballot or to take office.
Joe Pool
Running for Hays County District Judge in 2022.