United States Constitution with quill, glasses and candle holder
United States Constitution with quill, glasses and candle holder

Will it be the Hammer or the Constitution that Determines the People’s Vote?

Originally published at Canada Free Press

The only source of legitimacy of government in America is from the people.

At the time of the founding of the United States, Samuel Adams stated, “Let each citizen remember at the moment he is offering his vote that…he is executing one of the most solemn trusts in human society for which he is accountable to God and his country.”

At a turning point in the survival of the nation after the Civil War’s bloodiest battle, Abraham Lincoln delivered the Gettysburg Address, stating that “this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.”

The American people have already endured two major efforts at a coup d’état against President Trump

Fast forward to the present, two years into Donald Trump’s Presidency, almost exactly two years before she passed away, Justice Ruth Bader Ginsburg reminded us that “We have the oldest written constitution still in force in the world, and it starts out with three words, “We, the people.”

Since honest elections are the only source of legitimacy of government in the U.S., there is really no choice but to investigate and adjudicate vote counting irregularities and ballot fraud in states with a high incidence.  Failing to do this would be a fundamental betrayal of who we are — a sort of national suicide. 

The American people have already endured two major efforts at a coup d’état against President Trump.  The first being the Russia collusion conspiracy based on a fabricated Russian dossier originating with Democratic Presidential candidate Hillary Clinton, illegal spying on the campaign and the Presidency of Donald Trump — all sanctioned by CIA director John Brennan, FBI director James Comey and others.  The second was the failed impeachment launched by Nancy Pelosi, Adam Schiff and the Democrat-controlled House of Representatives. 

Since there have been neither results nor penalties from these previous coup attempts, which in the first case involved seditious multiple felony crimes, it’s only natural that Democrat Party leaders were emboldened to make a third coup attempt by taking advantage of the Coronavirus lockdowns and public fear to increase the odds of victory on November 3. First they legitimized the wholesale expansion of mail-in balloting, and then they blanketed the swing states with armies of lawyers filing suits to challenge voter ID laws, signature verification laws and, more than anything else, extend the deadlines for mail-in ballots — all of which created chaos and opened the door to massive vote fraud.

Dominion Voting Systems

The common denominator of all the swing states with contested outcomes is that they employed polling place technology provided by a company called Dominion Voting Systems, a company that was rejected three times by data communications evaluators in the state of Texas for failing to meet basic security standards. It’s a known fact that a source code error in Dominion’s software flipped 6,000 seats from Trump to Biden in Michigan and also shut down ballot casting in two Georgia counties in the morning of November 3rd. Other problems need to be reported and investigated. 

Another as yet unproven source of vote tally manipulation is known as the “THE HAMMER and “THE SCORECARD,” which is a signals based supercomputer and software system originally developed by Dennis Montgomery, a CIA contractor hired to penetrate Al Qaeda’s systems after 9/11.  The computer program he developed, which came to be known as THE HAMMER, was modified seven or eight years later with an application called THE SCORECARD that was designed to penetrate voting systems so as to affect foreign elections.

Lt. General Thomas G. McAnarney reports that Montgomery and other sources told him that “HAMMER was used against Americans under the Obama Administration.” U.S. Rep. Maxine Waters (D-CA) has publicly disclosed that Obama had the most massive database of all important people inside and outside of Washington.  In 2012, Montgomery was again approached by the intelligence community, this time to hack into and manipulate the Florida voter registration system.  By 2015 Montgomery had seen enough and became a whistleblower about the abuse of surveillance technology — and specifically THE HAMMER and THE SCORECARD — by the Obama administration. 

McInerney was joined by Sidney Powell, the lead defense attorney for Lt. General Michael Flynn, on NewsMax on November 2nd, warning that the next day’s national election was specifically at risk of THE HAMMER and THE SCORECARD being secretly deployed to change the vote tally at the point of data transfer between voting stations and data storage hubs. If so, Dominion Voting Systems — with its weak security system operating in all the swing states — was an easy target.


Thus the “fix” to assure a Biden victory and a Trump defeat may have been in and would have likely taken place after vote counting and poll watching was shut down in the wee hours of November 4.  Montgomery, who signed a non-disclosure agreement with the U.S. government to settle his whistleblower case, reported that states like Wisconsin, Michigan, Pennsylvania, Georgia, and Arizona exhibited vote tally change patterns that reflect manipulation by THE HAMMER and THE SCORECARD.

To build a legal case proving vote fraud affected the outcome of the November 3 election, Defense Intelligence Agency computer engineers need to gain access to the respective states’ voting tabulation, network and storage technology to investigate and substantiate whether there was electronic vote fraud committed. At the same time the Republican legal team members must continue their investigations of all other manner and scope of voter fraud. Since national election vote count is normally certified in December, things must happen fast.

With distrust and division being so extreme in the present environment, if there is evidence of massive vote fraud in a given state, the Supreme Court may be compelled to adjudicate.  If the decision requires the disqualification of the popular vote, the remedy is fortunately in the Constitution, which puts the vote in the hands of the state legislatures, whose members are elected by the people and whose vote would govern the state’s electoral college vote. The other more time consuming remedy for massive electoral fraud would entail calling a new election to be conducted with bipartisan supervision at every stage in the states where the Court finds that fraud invalidates the November 3 results.

The American people cannot allow fraudulent election results or even the appearance of such to stand.  It undermines the Constitution and demoralizes the citizenry. And while some Americans might be inclined to choose the easier course of denial and shame avoidance, the world is watching to see what we do. Correcting our failure shows the strength of our system. Letting proven election and vote fraud stand is a choice that destroys the nation’s moral authority and relegates the United States to the status of banana republics and communist regimes.

A corrective is imperative, and fortunately the remedy is found in the Constitution that provides a clear course to restore an unassailable sovereignty of the people.  Justice Ginsburg reminds us from her grave that our Constitution is worth upholding and its sole authority comes from “we the people” — that is the voters not the vote counters.

Scott S. Powell

Senior Fellow, Center on Wealth and Poverty
Scott Powell has enjoyed a career split between theory and practice with over 25 years of experience as an entrepreneur and rainmaker in several industries. He joins the Discovery Institute after having been a fellow at Stanford’s Hoover Institution for six years and serving as a managing partner at a consulting firm, RemingtonRand. His research and writing has resulted in over 250 published articles on economics, business and regulation. Scott Powell graduated from the University of Chicago with honors (B.A. and M.A.) and received his Ph.D. in political and economic theory from Boston University in 1987, writing his dissertation on the determinants of entrepreneurial activity and economic growth.