By Ken Stone
Joe Biden defeated President Trump in California by 5.1 million votes and nearly 30 percentage points — giving the Democrat a decisive 55 Electoral College votes.
Scott McMillan isn’t so sure.
The La Mesa lawyer, back with his son from the pro-Trump rally in Washington, this week defended his efforts to unearth detailed election records from at least 13 counties.
Last month, McMillan sent letters to registrars in the five biggest California counties, including Michael Vu of San Diego County, demanding 52 sets of records on behalf of an unnamed client.His San Diego County request under the California Public Records Act, sent a week after Vu certified elections results, came in a 10-page letter dated Dec. 10.
In email and phone interviews, McMillan insisted he wasn’t trying to overturn California election results — which also would reverse the national election if 55 electoral votes were subtracted from Biden’s total.
Instead, he said he’s trying to learn whether counties followed state law in how they ran the Nov. 3 election.
“Unless those protocols and rules are followed,” McMillan said, “the vote is suspect.”
Via email Monday, he said: “Whether the results were obtained following the required practices in conducting an election is the question, i.e., whether security procedures were followed, whether ballots were matched properly with qualified registered voters, whether the machines were secured, whether the registered voter rolls were cross-checked against death records, what percentage of ballots were adjudicated.”
He added: “Suffice to say that I do not know yet.”
Besides the other largest counties (Los Angeles, Orange, Riverside and San Bernardino), he contacted Imperial, Inyo, Kern, Kings, Monterey, Santa Barbara, Tulare and Ventura counties — basically “working up the state” from south to north.
McMillan said he’ll send records requests to other counties as he learns from early responses.
So far, he’s said he’s found “anomalous results” in Kern County — more 2018 governor votes for Republican John Cox than 2020 votes for Donald Trump “by a large margin.”
McMillan said it’s unlikely he’ll find evidence of voter or registrar fraud. But his email responses and Twitter feed place him squarely in the “Stop the Steal” movement.
“I have reviewed sufficient evidence from other states that convinces me that the presidential election of November 3, 2020, was not legitimate,” he told Times of San Diego. “But I am just an ordinary citizen. What am I supposed to do?”
On Sunday, he replied to a tweet from John Cardillo, who said: “Guys, it’s not surrender to say that Biden will be inaugurated on Jan. 20th.”
McMillan tweeted: “Sounds like ‘quitter talk.’ Jan. 20 is still a bit off.”
He also said he didn’t see fighting or even rude words exchanged at the pro-Trump rally Jan. 6.
“Certainly no reason for 6000 [National Guard],” he tweeted.
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In an email response, McMillan said “probably close to a million people [were] onsite at the Ellipse.” (He later said his estimate was based on a crowd of 30,000 at the Ellipse.)
The responses were shared with Mesa College Professor Carl Luna, the longtime San Diego political observer.
“One quote from Mr. McMillan puts everything else he states in proper perspective: ‘1) understating the crowd. There was probably close to a million people onsite at the Ellipse.’ That is the kind of wild, inaccurate fantasy that, had Mr. McMillan testified to the same in court, would have left his testimony open to impeachment as unreliable/undependable.”
Luna noted the rally didn’t have a million people. Media reports said “tens of thousands” showed up.
“There has been no hard evidence that holds up to any legislative, executive or judicial scrutiny that supports McMillan’s allegations of voter fraud nor justifies what happened in Washington,” Luna said. “He is free to pursue these baseless claims, but doing so makes him, in my view, more of a gadfly than a righteous adjudicator.”
A spokeswoman for the San Diego County Registrar of Voters Office had no comment on McMillan’s suspicions.
But she confirmed that the office has produced some requested documents and would “provide any non-exempt documents on a rolling basis.”
This email interview was conducted Monday and Tuesday:
Times of San Diego: Have you found any evidence of California voter or registrar fraud — anything that contradicts certified results?
Scott McMillan: “Contradicting certified results” is unlikely to be found as the Certified Results are the Certified Results. Whether the results were obtained following the required practices in conducting an election is the question, i.e., whether security procedures were followed, whether ballots were matched properly with qualified registered voters, whether the machines were secured, whether the registered voter rolls were cross-checked against death records, what percentage of ballots were adjudicated.
Suffice to say that I do not know yet. My interest is whether the County Registrars followed the regulations issued by the Secretary of State.
I found anomalous results in Kern County early on, for instance, more votes for John Cox than Donald Trump by a large margin. It seemed as though later results were adjusted.
Initial review of canvassing data in San Diego County reflected some precincts with more votes than registered voters. I don’t know if they cleaned that up as I’ve not gone through the latest canvassing results. I obtained the voter registration data but the file is so large that I’ve had to get help to deal with it. My plan is to obtain the street addresses from the Post Offices and Private Mail Facilities and compare those addresses.
What fraud evidence do you expect to find in California?I hope to find no fraud evidence. I have been assuming for 39 years that California elections have been conducted fairly and properly. Now I am concerned that they haven’t been.
For instance, I am concerned though that there were 400,000 additional registrations in Los Angeles County immediately prior to the election.
To the extent that I find non-compliance with the standards, the issue will not be what happened in the past, but how to clean it up for future elections. I think, regardless of the difference in our political beliefs, we can agree that unless there is credible compliance with established election procedures we do not have a representative form of government.
If you found evidence of widespread fraud, what would you do?
Bring lawsuits against the counties for an injunction against the practices that deviate from the Elections Code in order to ensure compliance for future elections.
If you find no evidence of widespread fraud, will you accept the Electoral College certification of Jan. 6?
I have reviewed sufficient evidence from other states that convinces me that the Presidential election of November 3, 2020, was not legitimate. But I am just an ordinary citizen. What am I supposed to do? I can, as a lawyer, take action to make certain that going forward we have legitimate elections in San Diego, and those other areas that I’m able to influence. And I’m doing that beginning with the limited investigation that I’ve started. Remember, first we investigate before we draw a conclusion.
Tell me about your D.C. visit. How close to the Capitol did you get? What did you witness that hasn’t been reported in MSM?There were speaking events going on the day before by the Capitol, the Supreme Court and the Freedom Plaza, which I attended.
I attended President Trump’s speech at the Ellipse but left before he finished his speech because I got froze out. Oddly, the temperature seemed to drop. I was with some folks that were staying at the Willard [Hotel] and we went back there and warmed up with some coffee and watched C-SPAN. When I saw the trouble on C-SPAN I became concerned about my son and went looking for him and the others.
I arrived there well after the action that is depicted in the media. I stayed on the lawn of the Capitol. I did not cross any barricades, or to my knowledge, enter any closed areas. Capitol Police were up on the parapet of the Capitol and did not seem concerned about anything. When I was there, the crowd was singing the Star Spangled Banner, reciting the Pledge of Allegiance. When the video of the shooting started circulating among the crowd, and it became apparent that it was not a safe place to be, we left.
The MSM is spinning a narrative that is inconsistent with what I saw. In several respects (1) understating the crowd. There was probably close to a million people onsite at the ellipse. (2) the people that I saw were well behaved. I saw no vandalism. People were picking up their trash. People of all different races and ages.
Much of what I relayed as to the earlier events, and as I explained during other interviews, was from second-hand information.
How would you describe the storming of the Capitol? What were the protesters’ intentions?
I don’t know what happened from firsthand knowledge of the action. I was not there while it was being “stormed.” Or, to the extent that it was taking place, it was not obvious from where I was. I had, until recently, thought it took place on the Supreme Court side of the Capitol. Or, to put it another way, I missed seeing the real action. The videos that you watched online tethered to the article were not mine.
I do believe that there were Antifa aligned people, indeed some, namely John Sullivan, were captured inside the Capitol and then released. I heard that some people began breaking windows and were promptly stopped by others in the crowd.
Are you defending – or would you defend — anyone charged in the Jan. 6 Capitol invasion? If so, who? Have you offered your services?
I have seen video that people were allowed into previously closed areas inside the grounds by Capitol Police. I’ve seen videos that the doors were opened by Capitol Police. That suggests a defense to a charge regarding an unlawful entry. I heard that the Capitol Police tossed tear gas into the observing crowd. I’d not be able to answer any questions regarding a case or a prospective case.
The evidence that I’ve seen from public court filings, and my knowledge of statistics based on my undergraduate education, suggests that AG Barr is incorrect.
How’s your legal business doing? Are your social media posts helping or hurting your business?
My legal business is not really affected by the social media stuff as I work on projects that extend over years. The Shutdown, as I predicted, has a had significant effect as it has put the state court system on hold. No trials are taking place.
But that has affected the litigation community as a whole. The only effect that I’ve had as a result of my participation in the interviews and posting has been people going on review pages and posting false, libelous statements in order to injure my firm and me. But I will address those through the court system directly.
Given the 50-plus lawsuits or other challenges to state elections across the country, and the fact 80-plus judges have found no evidence of widespread election/voter fraud, why do you think your efforts are meaningful?
I watched a portion of the hearing in Nevada. I was utterly convinced that the court was going to consider the merits. In fact, he so stated. However, the following morning, he repeated the same mantra as the other judges: no evidence. [My recollection].
I’ve been an attorney for nearly 20 years and know what admissible evidence looks like. For the courts to state that there is “no evidence” despite facially valid declarations made on personal knowledge is inexplicable.
I have no evidence to justify a statement that the judges are corruptly influenced, have been threatened, don’t know how to do their job, or are making outcome-based determinations. Rather, I just don’t understand what is happening or happened.
I have no doubt that much of the social media activity is influenced by “Conformity Bias.” If you’ve not heard of that, have a look at the Asch conformity experiments. I seem to be somewhat immune from that problem as I will argue from my position, even with close friends and family members.
Regardless of where this all ends up, we are at a very dangerous time in our society and people need to engage in critical thought incorporating a historical perspective. I do not like being told what or how I should think. I hope you share the same characteristic.
Anything else readers should know about your current CPRA efforts or views on Jan. 6 or the Biden election?
As you can see from the text of the requests, the requests are neutral. Those questions and the answers to those questions are of interest to every conscientious voter. It should be in every voter’s interest to have a lawfully conducted electoral process.
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