By David K. Clements
Republished from TheProfessorsRecord.Com and https://professordavidclements.substack.com/
RECENTLY, I stood in Las Vegas and spoke. Heroes were there—Rudy Giuliani, Captain Chris Kuehne, Lara Logan, others. They told of the government’s oppressive fist on their lives. Giuliani, hit with a 148-million-dollar verdict for speaking of rigged elections. A corrupt judge barred his evidence. Truth stayed locked away.
Captain Kuehne, a Marine, a veteran, carried scars from bombs and shrapnel from his defense of our nation. His door splintered under the biggest SWAT raid of the J6ers. Dozens of FBI marauders invaded his home, bringing his mind back to war-torn regions beset with Islamic terrorists. His wife, pregnant, and his four-year-old son faced gun barrels, red laser dots on their skin. Kuehne was caged by men that swore the same oath he did. His wife lost their unborn child, broken by the government’s boots. Crippling legal bills have followed. Consider helping them get back on their feet here.
Their stories haunt me. I’m no stranger to lawfare and death threats. So, I feel a certain kinship. But to exercise the demons holding a place between my ears, I’ve crossed 49 states in three years, sounding the warning. People ask what to do with the vestiges of a weaponized government clinging like squatters to a building newly repossessed by a landlord that has been away for four years. The landlord is Trump. The building is our temple. America.
I say “treason” and point to the law’s punishment. The press twists my words, call me dangerous, and shame anyone that speaks similar words. Words that pinpoint what they have done. To speak the words treason, invasion, or rebellion, hits them like a spell, cutting through their black magic insurrection. They hate the light of truth that repels their lie-filled projection. They hate when the scalpel is pointed in their direction, cutting open their rot for the world to see. I say those words must burn on every American’s tongue until Giuliani and Kuehne see justice.
Treason. Invasion. Rebellion. Say them with me class.
So, here is the speech I gave, titled “Mr. President, Look to Lincoln and Act: Arrests, Tribunals, and War Powers.”
UNTIL THE CULPRITS behind the rigged election of 2020 are held to account, our nation will continue to bleed, its heart stabbed by betrayal. Electronic poll books twist voter names, erasing the living, conjuring ghosts. Tabulators hum, flipping votes like a crooked gambler. Hackers breach election systems, rewriting truth with lies. Algorithms churn impossible numbers, defying reason, mocking the people’s will. Election night screens flash as a cruel charade. NGOs funnel dark money, stuffing ballots like leaves in a storm.
The Department of Homeland Security and its splinter groups, whether the CIA or FBI, orchestrated treason alongside foreign hands—nation-states plotting to gut our republic. In my humble opinion, at least three-quarters of Congress and judges, their names on fraudulent ballots, stand as hollow shells, their legitimacy dead.
Donald Trump stands at the edge of it all, staring at two futures. A Republic in ruin if he doesn’t see the draining of the swamp through. Or, the culmination of greatest Whitehat operation ever imagined, providing America with the chance to experience its greatest renaissance. What will it take to fix our elections in the next calendar year and imprison those who tried to put a bullet in the President’s head and the nation’s heart?
What are the answers to such rebellion?
Over the past five years, President Abraham Lincoln’s ghost looms large. He was presented with a similar choice. His 1861 suspension of “habeas corpus” was the tool wielded, a very dangerous tool. I can imagine him saying “I will not let our country splinter and fall into a slaver’s hell.”
But in the year of our Lord, 2025, to speak of suspending habeas corpus, is to watch Republican paper tigers and Conservative Inc. desperately fall over themselves, fleeing the adult’s table. They must get away from the one thing required to end the slaver’s charade. It’s not safe for clicks, follows, and views. They’ve mastered avoiding the third rail. They serve the almighty algorithm. They play at patriot games that have left so many reputations in tatters. And the kids of real patriots, have no future until there is a deep state reckoning.
The Constitution expressly permits suspension of habeas corpus—Article I, Section 9—when rebellion or invasion strikes. So, I ask, do we not have both, even now? It’s easy to breathe a sigh of relief now that Trump is in, and Biden is out. But just eight short months ago, we saw the culmination of millions of invaders let into the country.
Trump knows we also have a digital rebellion contained in our election code, the modern day Fifth column. November 3, 2020, was the coup without blood. January 6th began the hunt for all that had courage to say out loud what their eyes could see, what their ears could hear. They have weathered the storm for four long years, restored to life like Lazarus, upon Trump’s return.
But the invaders at the southern border were not hidden. We saw our screens flash with 10 million, 20 million, who knows how many, clearing a path throughout the heartland, on planes chartered by our own government. A slap to the face of Americans. The tyrant so comfortable, he cares no more about the optics of even pretending he cares. A path that allowed the invaders to obtain a driver’s license with no push back at your local DMV.
And because of the Motor Voter Law signed into existence by Bill Clinton, which automatically adds those doing DMV business to the voter rolls, hundreds of thousands of fake ballots were generated and deposited into drop boxes across our country, destroying the sanctity of our sacred right to vote. The illegals didn’t vote at a polling location. But a ballot assigned to the invader was generated out of thin air. And it scanned as true as anything submitted by an American citizen through the election black boxes.
Yes, the force of nature known as Trump prevailed this last November. But how many down ballot races were lost to this digital and illegal alien invasion? Conservative estimates say “We the People” were cheated out of eight U.S. senate seats, and 30 house seats. Nevada’s Sam Brown and Arizona’s Kari Lake were both casualties of this fraudulent system. So was a super majority in the Senate.
Under these ever-present examples, I submit, Trump can lawfully suspend the writ, jail the offenders—whether at DHS, the CIA, the NGO schemers and election officials turned traitors—until the nation breathes again. The path is narrow. The blade sharp and ready to cut if not carried out with precision.
You see there is one seminal Supreme court case that provides a map of where a Commander-in-Chief’s power starts and stops in a scenario such as ours. The Youngstown Steel decision. Specifically, Justice Robert Jackson’s concurrence. President Truman seized the steel mills to keep war’s machines grinding. The Supreme Court, six voices strong, struck back, declaring his act beyond the Constitution’s edge. Jackson, a sharp-minded jurist, former attorney general, and Nuremberg prosecutor, warned of executive overreach while allowing room for crisis-driven action.
I’ll endeavor to simplify what was written.
Trump’s strength peaks if Congress backs him, their powers fused. It wanes in the twilight of congressional silence, where urgency might justify bold moves. It collapses if Congress fights him, leaving only his Article II powers, frail against constitutional checks.
So, I ask you with three-quarters of Congress tainted, with ghouls like Adam Schiff, Nancy Pelosi, Jaime Raskin, and Adam Swalwell all having sold out to their Marxist handlers in the rebellion, can Trump operate at the peak of his strength? Can he rely on Congress? Has Senator John Thune helped Trump with recess appointments?
The answer is no.
This means Trump must claim the twilight of Congress’ silence or anticipate defiance. What could Trump do in such twilight? Could he rest on his Article II powers alone?
It’s not a question of whether Trump could act. It’s a matter of whether Trump can see the problem as clearly as Lincoln. It’s a matter of life and death to our Republic. After Trump survived a silent coup, multiple assassination attempts, he must wield evidence—hacked systems, laundered cash, impossible vote spikes—to stand before history. The evidence exists.
But the producers of that evidence have been investigated, indicted, prosecuted, disbarred, and some, like Tina Peters, have been imprisoned. The sixth complaint and investigation to strip me of my law license was initiated for merely visiting Tina Peters in prison. That is how petty and evil these demons are. The corrupt courts navigated by Marc Elias and Perkins Couie, will push back. The people, their trust thin as ice after the Epstein files debacle, will turn on Trump if they smell tyranny.
Lincoln’s precedent burns brightest. In 1861, using his commander-in-chief powers, he jailed men like John Merryman, a Maryland militia officer and farmer who burned bridges to aid the Confederacy. Roger Taney, Chief Justice and author of Dred Scott, ruled from a circuit court that Lincoln’s suspension was unconstitutional, insisting only Congress held that power.
Lincoln, undeterred, asked if one law’s fall should doom all the rest. By 1863, Congress passed the Habeas Corpus Suspension Act, retroactively blessing his moves. Under the Youngstown framework, Lincoln went from his lowest ebb of power to his peak as soon as Congress acted. In the current landscape, the money laundering entities known as “ActBlue” and “WinRed” are aiding and abetting a newfound Uniparty confederacy, bankrolling the swamp and legalizing election fraud. They have lined the coffers of the legislature, buying their silence and much more if a favor is called in.
Lincoln did more than arrest John Merryman. As a state bordering Washington, D.C., Maryland held immense strategic importance. The state was deeply divided, with a significant portion of its population sympathetic to the Confederacy due to its slaveholding economy and proximity to Virginia, which had seceded on April 17, 1861. Despite this, Maryland remained in the Union, creating a tense internal conflict. President Lincoln, fearing Maryland’s secession would isolate the nation’s capital, acted decisively.
Ten days after Virginia seceded, Lincoln surgically suspended habeas corpus along the rail line from Washington to Philadelphia, allowing military arrests of suspected secessionists without immediate trial. This move quelled the immediate threat, as Union forces secured key areas, with Maryland’s legislature ultimately voting to stay in the Union on April 29, 1861, though under duress. The crisis underscored Maryland’s precarious balance between Union loyalty and Confederate sympathy, driving Lincoln’s controversial but effective response.
Lincoln’s net caught thousands, including Clement Vallandigham, a lawyer and democrat congressman, who denounced the Civil War as unconstitutional, opposed emancipation, and called for peace with the Confederacy. In other words, he wanted the slaves to continue wearing chains. His 1863 speech in Mount Vernon, Ohio, drew the ire of Ambrose Burnside, a Union general. Burnside, issued General Order No. 38, banning disloyal talk. He arrested Vallandigham, tried him by military tribunal, and convicted him. The Supreme Court avoided review of the use of military tribunals, cementing Lincoln’s wartime power.
I can think of many congressmen that Trump’s generals should be evaluating for a similar tribunal.
History offers more echoes.
In 1871, Ulysses S. Grant, the Union general turned president, targeted the Ku Klux Klan in South Carolina, where terror choked Reconstruction. Congress, through the Ku Klux Klan Act, let him suspend habeas corpus in nine counties. Federal troops arrested hundreds, crushing the Klan’s spine. No court overturned it; the crisis demanded action.
In 1902, the Philippines, under U.S. rule, saw Adna Chaffee, a seasoned general, suspend habeas corpus in rebel provinces to jail guerrillas during the Philippine-American War’s aftermath. The Constitution’s reach blurred in territories, but the act stood, a blunt tool for order. More recently, the Philippines have sued Smartmatic, the election vendor, after learning that the software is a cheater’s dream.
After 9/11, George W. Bush, a deep state prince under the control of his father, never suspended habeas but dodged it for Guantanamo Bay detainees, labeling them enemy combatants beyond U.S. soil. Yaser Hamdi, a U.S. citizen captured in Afghanistan, and Shafiq Rasul, a British citizen detained there, challenged their detentions. I don’t know of their real guilt in the grand scheme of things, as two buildings were hit, but three collapsed in free fall.
What I do know is that we should be cataloging how the CEOs of Dominion, Smartmatic, ES&S, TotalVote, and countless others are designated. Do we count them as digital enemy combatants that have disrupted the elections of a hundred nations? Or fraudsters that should be tried by the DOJ in our civilian courts? I ask because time is of the essence. If we do not clean up elections through Trump’s national emergency power, the swamp will not only grow back, but it will strangle the remaining life of MAGA.
Trump faces a beast unlike any. Lincoln battled rifled muskets; Trump fights a digital plague, a cancer in the nation’s veins. The Department of Homeland security’s hand was in all of it, which brands their actions as treason. Foreign collusion with Serbia and Venezuela—have facilitated this invasion by stealth. Nicholas Maduro is now being hunted with a 50-million-dollar reward. Is this move a sign of his dirty hands steering our elections?
The wholesale subversion of our Republic mirrors the Confederate threat, though no soldiers march. The scale of it all: The vast majority of Congress, judges, nominees, are suspect. The government, the people’s voice, teeters. Yet, Justice Jackson’s framework lights the way.
When the time comes, if Congress, or its untainted remnant, passes a modern-day suspension act to deal with the culprits of our rigged elections, Trump’s power peaks, as Lincoln’s did in 1863. If Congress stays mute, crippled or complicit, he can act in the twilight, claiming necessity. If Congress resists, its legitimacy in doubt, Trump risks the lowest ebb, facing judicial fire. He is no stranger to fire, real or metaphorical, as he is already dealing with a judicial coup where black robed activists have tried to make it illegal to deport terrorists.
Evidence will be Trump’s shield. Cybersecurity reports from DNI’s Tulsi Gabbard—of hacked poll books, modems in tabulators, flaws in Dominion or ES&S systems—prove the breach. Vote spikes defying exit polls, bellwether counties flipping impossibly, scream fraud. Financial trails, NGOs laundering foreign cash, tie the plot to enemies abroad.
Trump must lay it bare, show the people the rot, to keep trust from breaking. And the evidence must come from sources that President Trump now commands. Whether Space Force or the NSA. Secure a FISA warrant and obtain the cyber forensics that mere civilians such as myself could never obtain. Put the questions over our rigged elections to rest.
Release evidence. Every. Single. Day.
I say drown the CIA backed legacy media. Waterboard them with literal truth until their lying lungs collapse.
With these actions, Trump can act. Wisdom suggests he has been acting this whole time. How else did he return against all odds to his post as Commander-in-Chief?
If necessary, history presents the way to lawfully suspend habeas corpus, jail the architects of a rigged election system going back decades. Military tribunals for the architects and hitmen. Lesser criminal acts can be tried by Pam Bondi and the DOJ. To bring hope in just one short year will require a symphony of both military and civilian justice.
There is no need for political vendettas, just those guilty of our nation’s highest crimes, held until trials find truth.
Risks loom large. If judges lack legitimacy, their rulings may falter, and they’ll fight to keep power. The people, divided, could see Trump a tyrant, not a savior. Lincoln’s actions sparked fury; Trump’s enemies could roar louder. Without proof—ironclad, public—he risks collapse. We have the evidence, and Trump has the bully pulpit to shove it down the throats of our nation’s enemies.
History whispers warnings. Andrew Jackson, a fiery general and president, defied courts in the 1830s. Franklin D. Roosevelt issued Executive Order 9066, interning Japanese Americans, the act later deemed a national shame. Both show the cost of excess. Trump must move with precision, echoing Lincoln’s focus, not Roosevelt’s sweeping power grab.
But the Civil War casts the longest shadow. Lincoln, the rail-splitter who rose to greatness, jailed thousands, yet the republic stood. Grant, the stoic general, crushed the Klan with a targeted suspension. Each time, crisis justified action, but only if power knelt to law in the end.
Trump must choose in the months to come. He risks the tyrant’s label, but if he waits, he risks something more. The Republic’s heart will stop. Justice Jackson’s words urge caution but allow boldness when the nation’s life hangs thin. Evidence, openness, a steady hand—these will carry Trump, as they carried Lincoln.
David K. Clements is a seasoned attorney, former law professor, filmmaker and dedicated advocate for election integrity and constitutional rights. If you think he’s on to something, consider being a monthly sponsor of his independent journalism at:
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