Letter Mark Small


Members of the Press


February 19, 2017

TEL: 317.252.4800 marksmall2001@yahoo.com

Re: Blumstein, et al. v. Pence, et al. Docket Number: 16-907

I represent Diane Blumstein, Nancy Goodman, and Donna Soodalter-Toman, Petitioners in a case they filed before the United States Supreme Court. The relief they seek is a new election of the offices of President, Vice President, United States Senate, and United States House of Representatives decided in November, 2016.

In 1787, the Framers of the Constitution imagined various means by which a tyrant, a foreign power, or mobs could take over our government. The Framers obviously did not cast their votes by electronic means. They could not have foreseen an additional means by which a foreign power could take over our government—hacking of computer programs. The Framers understood the concept of “invasion,” and in Article IV, Section 4, provided the government owes a duty to protect us from foreign invasion. The Constitution addresses the imperfections of human beings. In Federalist Number 51, James Madison described how the separation of powers of the branches of the government is necessary to protect us from despotism.

Today, evidence indicates the dictator of Russia illegally influenced the election of the President and the Vice President, as well as races for seats in the Congress. Neither the executive branch nor the legislative branch can investigate, without conflict, Russia’s cyber invasion as members of those branches benefitted from such an invasion if it occurred. Madison saw the judicial branch as the only branch able to resolve such matters.

On Friday, February 17, we filed a motion in which we ask the Supreme Court to appoint a Special Master, a role created under the Federal Rules of Civil Procedure, to investigate the 2016 elections. If the elections were stolen from the American people, the relief we would seek would include new elections of all Federal offices that were on the ballot in 2016. My clients are the people who were courageous enough to raise this challenge. Others might attempt, through peaceful means as contemplated by the Framers, other avenues to challenge the election results. No one else should be mistaken, however, for Diane Blumstein, Nancy Goodman, and Donna Soodalter-Toman as the brave people who challenged the election via this Court action.

Any inquiries may be directed to my office number or e-mail.



/s Mark Small.

Mark Small

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One Response to Letter Mark Small

  1. Kimberly Ellis says:

    Thank you to the petitioners. I believe this is the only way we are going to get our country back and I am sending positive thoughts that this works.

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