We Are In The Legal Remedy Phase – The Election Process Continues – The Supreme Court denies the Texas lawsuit. The electoral college will vote to call Biden president elect. Join us today for more important updates as this election process continues.

Air Date: 12/14/2020

On-air Personalities: David Barton, Rick Green, and Tim Barton


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Transcription note:  As a courtesy for our listeners’ enjoyment, we are providing a transcription of this podcast. Transcription will be released shortly. However, as this is transcribed from a live talk show, words and sentence structure were not altered to fit grammatical, written norms in order to preserve the integrity of the actual dialogue between the speakers. Additionally, names may be misspelled or we might use an asterisk to indicate a missing word because of the difficulty in understanding the speaker at times. We apologize in advance.




This is the intersection of faith and culture. It is WallBuilders Live, where we talk about the hottest topics of the day, from policy, faith, and the culture to obviously the election, always looking at these issues from a biblical, historical, and constitutional perspective. My name is Rick Green, I’m a former Texas legislator and America’s constitution coach. And I’m here with David Barton, America’s premier historian and our founder of WallBuilders, and with Tim Barton, national speaker and pastor, and president of WallBuilders.

You can find out more about all three of us at wallbuilderslive.com. More importantly, that’s the place you can get some great information, some great tools to equip and inspire you to be a citizen that helps to restore constitutional principles and biblical values in your community and in our nation. We should appreciate you coming alongside us.

There are WallBuilders live, also, I would recommend, that’s a great place to make a contribution. Believe me, when you invest in WallBuilders Live, you are helping to speak truth, spread truth, fight for truth. We need that more than ever. And we’re going to be today talking about the election process that continues. What is happening right now is what we would call the legal remedies. Whenever transparency has been lacking, or when an election is so close that you need verification, you need all three of those things.

For people to be able to have faith in elections, you need transparency, you need verification, and then you need legal remedies if either of those two are not met. And so right now we’re in that legal remedy phase, lawsuits all over the country. And obviously, the big one at the United States Supreme Court that everybody’s been talking about is the Texas suit. And that’s not the only suit and we certainly don’t want people to think this is the end-all, be-all case at all, but it was a big deal and obviously, some disappointing news, but some big news over the weekend about that particular case.


Alright guys, well, the big news over the weekend, and I’m sure everybody is probably familiar with now with the US Supreme Court rejected the case from Texas. We talked about Ted Cruz was looking like he might argue that case. And that seem like there was going to be a lot of potential because this case from Texas challenging that in four states, there were laws changed in a non-legislative form, meaning that the laws were not changed in a constitutional manner. It was random people, and I’m saying random things like elected officials or people who are not supposed to be able to arbitrarily change law. And so Texas was challenging that in those states that some of their election process was not constitutional, wasn’t legal, thereby kind of disenfranchising other states. There were 18 states signed on with Texas. There are 106 congressmen while the US Supreme Court rejected that case 72. The only two that dissented in the case were Alito and Thomas. And essentially, they said that regardless of the merits of the case, this was something the US Supreme Court should have taken because it does fall in original jurisdiction where the state challenging in other states, but the seven Justices that dismissed it said that Texas did not have standing to challenge the election process of other states. And that does seem a little weird to say Texas doesn’t have standing when the elections and other states that did. They’re not challenging their congressional election. They’re challenging the presidential election, which certainly does impact Texas. So at least in my mind, it would make me think Texas does have standing. Nonetheless, that is one of the big things that happened over the weekend, the US Supreme Court rejecting that case from Texas.


Now, part of that is the Trump White House, and Trump legal team responded. And so for example, Jenna Ellis was really strong about it and she really kind of jumped the court and really kind of let them have it, thought it was really a political decision on their part to do what they did. And so she said, you know, her quote was “How they could pass on this is shocking. I think it’s morally outrageous.” She also talked about it seems like a political decision not to hear the case.

Now, it’s interesting in reading from the court’s decision, I want to read part of it here. It says “The state of Texas is motion for leave to file a bill of complaint is denied for lack of standing under article three of the Constitution.” Now this is what they said in rejecting it and Tim, as you said, 72. And it says “Texas has not demonstrated a judicially cognizable interest in the manner in which another state conducts its selection. In other words, Texas didn’t prove that the fact that Pennsylvania changed its law was going to hurt Texas. It hurt Pennsylvania, hurt citizens in Pennsylvania. Texas didn’t show that that hurt Texas for the other states to change their law.

And what’s interesting is the two who dissented were Thomas and Alito, and they did say that because this is original jurisdiction, the court should have taken it up. But both of those guys also said that neither one of them would have granted Texas any relief on this claims. So essentially, it was a 9-0 decision by the US Supreme Court that Texas would not have won on that case at all that that was base. And that means all 5 or 5.5 or 6, but anyway, 5 plus more of the conservatives said that this was not a case that was going anywhere at the Supreme Court. So for Jenna Ellis to say it’s political, I’m not quite sure what that means, because the conservatives on this side where the majority, and they said they were unanimous that this case is not going anywhere.

Now, as a result of what’s happened, Professor Dershowitz, the emeritus professor at Harvard Law, he was talking about this, and I’ve really liked him throughout this process. He’s been very neutral and very constitutional. And as an individual, he tends to be liberal, but he doesn’t tend to be progressive, just the old school liberal. And he said, what the court has done here is he said, they’ve sent a really clear signal to the president that he can’t count on the Judiciary to overturn the election. And so he said, even the three Justices that were appointed by Trump, all three of them, did not take this up and didn’t think that they were merits on this in Texas.

So what Dershowitz is saying is that Trump needs, what he’s calling a perfect storm to overturn the election results. And he says, that means you need the help of the courts, and the governors and the state legislatures. And the state legislature so far have shown themselves to be very reluctant to intervene in any of this stuff. So Dershowitz thinks that you’re not going to get it just from the courts, it’s going to have to take the all the areas coming together that the constitution allows to have jurisdiction. And so he doesn’t think that’s going to happen.

So he thinks that tomorrow that the Electoral College will go ahead and vote to call Biden the President Elect. You know, we’ll see what happens with that. There’s still more legal suits coming. There’s still more cases at the court. We’ll see what that means. But that’s just Dershowitz on what it looks like with the decision this weekend.


Well, and even speaking of more cases coming out, this is where after this decision, Giuliani came out and said, look, this is not a problem for us. We have a plan B, so we’re already moving into Plan B. And plan B, they’re filing more things, more cases, actually, some have already been filed. But essentially, the argument is just because Texas might not have standing, doesn’t mean the president doesn’t standing. So they’re going to refile these cases in all of these kind of battleground states. Some have already been filed. But Giuliani said they’re just going to plan B now and so instead of having just one case to solve it all at US Supreme Court, they’re going to go to these individual states and challenging the stakes on President Trump’s behalf because he certainly does have standing is what the thought is.

With that being said, it does seem a little bit like a Hail Mary play at this time. And actually, the longer we go, the more of a Hail Mary pass, it seems like, right, referencing football, that your last shot, try to get in the endzone to get a touchdown to be in the game to win whatever the case is. It’s beginning to seem more and more unlikely at this point that President Trump has really options for being elected right now for the next four years apart from an unforeseen, significant miracle, which would be very evident that that the only way he’s there is because God intervened in some significant way.

There still is some interesting things coming from some cases, which we can certainly talk about after the break. But at this point, the Trump team is still putting on their game face. They’re saying we’re not fazed. We’re just going to get to plan B, and we’re going to keep fighting. So President Trump is certainly not giving in. He’s not backing down or backing up. He’s continuing to fight and go forward. It’s just looking like less and less of an opportunity for his win, as the fight continues.


And by the way, Tim, it’s interesting, you said it’s kind of a Hail Mary now. Even Dershowitz acknowledged and said, you know, Hail Marys sometimes works. So maybe there’s something left him with the Hail Mary, because it is really late in the game for normal procedure. But maybe there is a Hail Mary that’s going to work and we’ll see.


Alright, guys, we’re going to take a quick break, we’ll come back. We’ve obviously got more news about the election across the country and there’s some of these specific state battles. So it’s not just at the US Supreme Court, but there’s still some specific state battles for legislators to do their job, for state courts to do their job, and potential cases, that would get all the way to the US Supreme Court. So stay with us, folks, you’re listening to WallBuilders Live, we’ll be right back.


Hi, friends, this is Tim Barton of WallBuilders. This is a time when most Americans don’t know much about American history or even heroes of the faith. And I know oftentimes for parents, we’re trying to find good content for our kids to read.

And if you remember back to the Bible, to the book of Hebrews, it has the faith Hall of Fame where they outline the leaders of faith that had gone before them. Well, this is something that as Americans, we really want to go back and outline some of these heroes, not just of American history, but heroes of Christianity and our faith as well.

I want to let you know about some biographical sketches we have available on our website. One is called The Courageous Leaders collection. And this collection includes people like Abigail Adams, Abraham Lincoln, Francis Scott Key, George Washington Carver, Susanna Wesley, even the Wright brothers. And there’s a second collection called Heroes of History. In this collection, you’ll read about people like Benjamin Franklin or Christopher Columbus, Daniel Boone, George Washington, Harriet Tubman, friends, the list goes on and on. This is a great collection for your young person to have and read and it’s a providential view of American and Christian history. This is available at www.wallbuilders.com. That’s www.wallbuilders.com.


We’re back here on WallBuilders Live. Thanks for staying with us today. Back here with David and Tim Barton and talking about the election results. And guys, we covered the US Supreme Court. Talk to me about some of these states where there’s still battles, there’s still evidence that’s being given, especially apparently a lot of movement in Wisconsin.


Alright guys, well, Wisconsin, like several states are having hearings about what’s going on. A committee in Wisconsin’s Republican-led legislature held an election related hearing on Friday and they were trying to find out what’s going on. The Republican Assemblyman in charge of the Committee on campaigns and elections is Ron Kessler. And he opened the hearing and essentially told everybody look, don’t just be part of your political team right now. Let’s take off our political team hat and let’s just be neutral, and let’s listen to the evidence find out what’s going on.

And so they were bringing people to present evidence, and a lot of it was the accounts of people saying what they saw, what that they experienced, what had happened. And then everybody from radio talk show hosts to different kind of clerks and just people from all different walks and genres of life that were explaining what had happened.

And one of the individuals was Dan O’Donnell, a radio talk show host. And O’Donnell argue there was roughly 46,000 votes in Milwaukee and Dane counties that were cast without having to show a photo ID ever, which is in direct violation, Wisconsin law. And actually, O’Donnell went through and talked about how there have been conversations with a bunch of elderly people and what had happened to them and their experiences, and so just so many.

And at this point, is kind of like that the sworn affidavit testimony as we talked about, so many testimonies from people who were part of something that seems very fraudulent, that seems very corrupt, it seems unethical. Again, it’s a lot of personal testimony. And so without having a lot of hard evidence, there’s questions of how much will this change the opinions of people in this crazy, polarized, politicized climate we live in, where people are pretty much already on the side they want to be on. Although you know what that being said, guys, I take it back.

We have seen a lot of people who have been Joe Biden supporters who have come out in the last couple weeks saying you know, this doesn’t smell right, doesn’t seem right. We do think that there’s some fraudulent things happening, and they don’t trust the Biden family as much anymore because as more stuff is coming out about hunter Biden, etc. So there is some movement, but it’s probably not enough movement nationally to make the American people want to automatically now have a new election that let’s throw this one out, whatever the case might be.

But at least in Wisconsin, one of those battleground states, there are hearings going on. And there is continued testimony about some of this stuff that was seen that was not good stuff. What happens from that is yet to be determined. But at least there are the sharing still going on, which means that there is still an opportunity for this fraud to be exposed, and hopefully this corruption to be ended.


And also in Wisconsin, the federal Judge there has dismissed President Trump’s most recent lawsuit in Wisconsin, and actually, that federal Judge is actually a Trump appointee. But he went through and he said, hey, I don’t see any indication here of what you have claimed. And actually, in the case of this point, and part of it was the state acted illegally and the way it conducted the vote. But as the Judge pointed out, look, the legislature told the Election Commission to do the voting in this way. And so you really can’t say they acted unconstitutionally, because they were doing what the legislature told them they could do.

And so it’s just another one of the many lawsuits have been filed and apparently has not gone anywhere, which still doesn’t mean this is over yet. It just means that there are fewer and fewer lawsuits. There’s still three sitting at the US Supreme Court. So all these others that we’re talking about don’t necessarily have to have real clout to pick up one of the other three, but this is still reported on all the legal stuff that’s out there. And the most recent case in Wisconsin has now been dismissed by a Trump Judge.


Well, guys, the thing that to me is the most interesting of all the news that came out over the weekend was from Michigan. And on Friday, one of the attorneys involved in the election case that dealt with the county where initially Biden had won by 2000 votes, and then they went back and counted the ballots and realized that no, Trump won by 4000 votes. And initially, one of the elections official said well, it was a human error, the attorney said no, we’ve looked at this machine, it was not a human error. It was machine switching votes.

Well, this attorneys also the one who was able to get 16 thumb drives and 16 data cards, and all this is part of the Dominion voting system. And so they were able to do a forensic image of the actual tabulation machine in the Antrim county clerk’s office. And what’s so fascinating about this to me, and I don’t know why. But for whatever reason, there is a kind of like a restraining order on this that they’re not allowed to take this information public, right? So it’s a non-disclosure kind of situation where they’re not allowed to talk about this. You can’t go and do anything with it.

And so the attorney filed a motion with the Antrim County Circuit court, asking them to lift a protective order so his team could release the results of the forensic examination to the public. Now, the fact that attorneys already identified the machine switch the votes and they’ve now gone through 16 of the data cards, and done forensic analysis, but they’re not allowed to say whether it’s fine and then he says, we’re trying to get this, again, more or less this silence order lifted so we can say we find.

It makes me super suspicious how much they found a vote being switched in just those 16 thumb drives and 16 data cards they went through. Because if that’s all they’ve been allowed to examine, and they can find evidence of, at least maybe in some cases, 100s or 1,000s of votes being changed and that’s only 16 in the system, and Dominion was used in many of these swing states. And it makes it very suspicious now that even though we are just hours away from the electors casting their vote, and from Joe Biden potentially becoming President Elect Joe Biden, if they can show that these machines actually did switch votes, and Joe Biden was not the rightful winner, that would change, arguably, everything going forward. And so it will be very interesting to see what happens once this order is lifted, and we can find out what actually happened on those 16 cards and those 16 machines.


Well, going the last segment, I wonder if that’s the Hail Mary, we were talking about. I mean, this has the real potential of switching things. If you can show that, for example, the machine says that for every Trump vote that’s cast, you only count, I don’t know, eight-tenths of a vote., but for every Biden vote that’s cast, you count 1.1 votes, you know, if there’s something like that in those cards, that is part of the program, and I mean, oh, my goodness, that changes things all over the nation, Tim, as you said, in every state.

And again, this protective order, I’ve also wondered why in the world, are we not hearing what happened forensics investigation, and I just also don’t have any comprehension of why they would keep that silent and why they would not talk about it or let the attorneys talk about it. Either way, good or bad, it seems like somebody would want to say something to kind of clear the air. But by holding this thing back, you get once again to well, where there’s smoke, there’s fire. And when you think you’ve got some evidence on something to say it’s not there, then they start acting in a strange way again, and you say, well, maybe it is there. So that’s going on.

And by the way, as part of this, I saw another article on this where that former State Senator Pat colbeck who literally is the rocket scientist in a literal way, I mean, he’s a space engineer, the space shuttle and all that kind of stuff, he also did investigations, and he has come out confirming that when they release that, there’s going to be blockbuster kind of information. And so again, just kind of tipping the hand that maybe there’s something big there.

And the final story from this weekend is in Nevada, where that we’ve had that lawsuits going there and still ongoing suits. Now, there is as part of the Republicans who filed suit, they brought in this expert who went through the state’s voting records. And Nevada has what’s called “Motor Voter”. The first time, I think, I heard this is back with Al Gore back in like 2000. And so hey, if you have a driver’s license, you should be registered to vote. And so anytime you get a driver’s license, the state automatically register you to vote, whether you want to vote or not, or for that matter, whether you’re illegal or not.

There are illegal aliens here who have driver’s licenses, but that doesn’t mean they can vote just because they have a driver’s license. So in doing an audit of those records, they found that there were a total of 6,260 non-citizens that had been registered to vote, and of them, nearly 4,000 actually voted. So that is a big deal for a number that size. So again, more information is slowly trickling out in the way of evidence in the states, enough to suggest some fraud or some. And even if these guys all voted innocently, let’s assume that the illegal folks didn’t know that they couldn’t vote if they had a driver’s license, because certainly, California out there, they say anybody with a driver’s license can vote whether they actually can or not. But in Nevada, you can’t. So even if we assume that these people weren’t malicious in their intent, you still have somewhere between 4,000 and 6,000 illegal votes cast in Nevada. So again, more evidence coming out, but that’s kind of review of the news from this weekend.


Alright, guys, quick break, we’ll be right back. Folks, you’re listening to WallBuilders Live, be sure and check us out online today at wallbuilderslive.com.


Hey, guys, we want to let you know about a new resource we have at WallBuilders called “The American Story”. For so many years, people have asked us to do a history book to help tell more of the story that’s just not known or not told today. And we would say very providentially in the midst of all of the new attacks coming out against America, whether it be from things like the 1619 project that say America is evil and everything in America was built off slavery, which is certainly not true or things like even the Black Lives Matter movement, the organization itself, not out of statement, Black Lives Matter, but the organization that says we’re against everything that America was built on, and this is part of the Marxist ideology. There’s so many things attacking America.

Well, is America worth defending? What is the true story of America? We actually have written and told that story. Starting with Christopher Columbus, going roughly through Abraham Lincoln, we tell the story of America, not as the story of a perfect nation or a perfect people, but the story of how God used these imperfect people and did great things through this nation. It’s a story you want to check out wallbuilder.com, “The American Story”.

This is Tim Burton from WallBuilders with another moment from American history. Many today assert that religion is something private that it has no place in the public square, and that it is incompatible with government, but the Founding Fathers believed exactly the opposite. They held that religion was absolutely necessary in order to maintain our free system of government.

For example, John Adams declared “We have no government armed with power capable of contending with human passions unbridled by morality and religion.” And signer of the Declaration, Benjamin Rush, similarly affirmed “Without religion, there can be no virtue and without virtue, there can be no liberty, and liberty is the object and life of all republican governments.”

The Founding Fathers understood that limited government required public morality from the people and that public morality was produced by the Christian religion. For more information about the Founding Fathers views on religion and public life, go to wallbuilders.com


We’re back here on WallBuilders Live. Thanks for staying with us today. And we’ve been talking about the election results, what’s been happening in the Supreme Court what’s happened in Wisconsin, Nevada, some of these other states, you know, this goes on and on. And I know, there’s probably a lot of our listeners out there that are saying, okay, you guys talk about this almost every day. And you know, it’s an up and down thing, we get excited about some of the challenges or potential cases that can uphold the Supreme Court. We get disappointed in how terrible some of the findings are, some of the evidence, just how bad the fraud was, how bad the breaking of the law, the unconstitutional changes of the election law by some of the governors, Secretaries of State and county clerks, I mean, it was just an abuse of the system all over the place. And you might be thinking, okay, you know, David, Tim, Rick, okay, we’ve heard enough. I mean, can we just get this over with? And you might have a little bit of election fatigue at this point, or certainly election recount fatigue.

But friends, this is an important part of living in a republic. We must have faith in our election process. And no matter who is sworn in as President of the United States on January 20th, no matter who is sworn in on January 20th, it is vital that everyone in America knows we’re going to play by the rules, and that when you break the rules, there are consequences for that, and that the Constitution means something, that the state laws about how elections take place, it means something. It is so important right now in every one of these states where these things happen, that there is an investigation into it, that there is what Bill Bennett would call, “sunlight as the best disinfectant”, that that you shine the light on these things so that you get less of that in the future.

Nobody’s not even have to think we’re going to have a perfect election and that there’s not going to be any fraud ever, I mean, obviously the depravity of man, right? We know that the heart of man is evil, and that people will convince themselves they’re doing the right thing, even when they’re cheating, that is for higher cause, or they buying to this Machiavellian view that the end justifies the means, you do whatever it takes to win and power at any cost. I mean, all of those things are real, and they exist. But friends, we have to do everything we can to make the elections as lawful as possible. And so when you have this widespread abuse of the system, some of it public, I mean, these governors and Secretaries of State and others, I mean, they publicly said we’re changing the law, even though the legislature was the only one authorized to do it. So they let everybody know we’re breaking these laws, because we don’t care, COVID, I mean, that’s the excuse that they use.

And so when you have that, that kind of blatant thing, and then you have all this fraud being uncovered, we have to push back. And so I would just ask you to be patient, to be a seeker of truth, and to love that truth and to want the truth to come out so that we can have better elections in the future, so that next time around, people will follow the law, that they’ll obey the rules, and that that we will have good fair elections at the local level, at the state level, and the federal level. So forgive us for covering this so much.

We hope that it’s been a source of information for you and continues to be that. This is not over. I would expect this to continue for it for at least through January 6th when the electoral votes are open. And it could go beyond that, depending on the challenges in Congress. So stay tuned, folks, there’s a lot there. And we didn’t get to tap back into our Georgia barnstorming event today. But we will try to get some of that in tomorrow and throughout this week. And we hope you’re enjoying that as we bring you a little bit of it here in there.

But we sure appreciate you as a listener. Thanks for visiting our website wallbuilderslive.com today. We would encourage you to donate there if you would, as a listener, we are a listener-supported program. And also, I want to encourage you to become a Constitution coach. I’m right now out in Nevada at Front Sight Firearms Training Institute. I’ve got 200 people out here doing a constitutional defense course. You should do one of those. You should become a Constitution coach. And you should come out here with us, get coached on being a Constitution coach, but also on defending your family properly, safely, and effectively with a handgun. We have a great time, great fellowship, great time to study the Constitution, get that intellectual knowledge, but also physically get training to defend your family. Find out more at constitutioncoach.com

Thanks so much for listening today. You’ve been listening to WallBuilders Live.