Election Litigation Status

[Res Ipsa]

Holding back their biggest evidence for court????

They haven’t shared any evidence at all.

[Res Ipsa]

Update:

The Trump campaign has asked the Court of Appeals for an accelerated briefing and hearing schedule in Trump v. Boockvar. Not a surprise. But in the request, they say the only part of the court's order they are appealing is the trial judge's denial of their motion to file a second amended complaint.

The history of the case in front of the trial court was a little odd. First, there was the original complaint. Defendants filed a motion to dismiss. The Campaign filed an amended complaint, which dropped all but two causes of action. The rules permit them to do that once without either consent of all parties or approval from the judge. Defendants moved to dismiss the new claim. During all of this, Trump changed lawyers twice. His third attorneys moved for a continuance, which the judge denied. On the day of the hearing on the motion to dismiss (I think), Trump's lawyers asked to file a second amended complaint, which sought to add back the claims they had already dropped. The judge denied the motion to amend and dismissed the claims in the first amended complaint with prejudice -- meaning they can't be repleaded.

If the appeal doesn't include the granting of the motion to dismiss, those dismissed claims are dead. The motion says that both that the Campaign wants to enjoin Certification of the election, but that it isn't trying to throw out legally cast ballots. The first amended complaint tried to do just that. I don't have a copy of the proposed second amended complaint, so it's hard to say what's going on. But all they are asking the Court of Appeals to do is order the District Court to consider the claims in their Second Amended Complaint.

Stay tuned.

[subgenius]

You insult me by suggesting that i haven't started my own.

Oh, cool.

So, when the Snowflake Rebellion begins, who will you start shooting at first? Random suburban housewives?

Different style of militia, more "out of the box" than your archaic bang-bang group. We are focused more on taking it to the streets with anonymity, disrupting traffic flow, and looting. We are also going to be big players in the snarky poster game. But no white suburban women will be allowed, just too dangerous and too fascist for our core organizing principles.

[Chap]

Look subgenius - level with us, why dontcha?

You've had a chance to read that lengthy, tightly argued and fully referenced judgement. You can see it is not some kind of publicity-seeking 'press release', but is a serious legal document that scrupulously states the plaintiffs' case before dismissing it on stated grounds, and you now know that the judge in question is an active registered Republican.

...

Are you now willing to concede that given this, it is possible - even probable - that the case presented to this experienced and actively Republican judge may have simply been as badly based as he says it is? If not, what grounds do you have for refusing to admit that possibility to serious consideration?

Your credibility depends on your response.

It’s an actual alt-Right tactic, discussed widely, to never concede anything, ever. Just redirect to something else. Also, lol@posting the ruling and larping that subjenius would ever, ever, EVER read it. He literally lacks the cognitive faculties to do so. It’s an impossibility. It’d be akin to asking ldsfaqs to read Anna Karenina. An impossible task.

- Doc

To be honest, my hopes of a response were not high. But I thought that even subgenius deserved to be called to repentance, even though I knew pretty well what he is and how he operates.

[canpakes]

We are focused more on taking it to the streets with anonymity, disrupting traffic flow, and looting.

Likely for tissues.

[Some Schmo]

It’s an actual alt-Right tactic, discussed widely, to never concede anything, ever.

If a person thinks this is effective for getting what they want, that person is damned braindead.

Which is yet another reason there's no point denying how stupid Trump supporters are. I will never do that. I don't care that they (purportedly) don't like being called stupid. I don't care about their fragile, whiny feelings. It's clear they are worthless, untrustworthy pieces of crap, so why should anyone give a damn what they think? They're too selfish to care about anyone else. “F” their feelings. I'm sick of this country catering to the damned babies in the GOP. Let them grow up first, acknowledge reality, and then maybe their opinions will matter.

It's hard to imagine a scenario where someone comes up with solid argumentation that Trump sheep aren't consciously comatose.

[subgenius]

We are focused more on taking it to the streets with anonymity, disrupting traffic flow, and looting.

Likely for tissues.

toilet tissues, yes. But we are having a helluva time trying to find black t-shirts.

[canpakes]

Likely for tissues.

toilet tissues, yes. But we are having a helluva time trying to find illegal ballots.

Fixed that for you.

[Res Ipsa]

Monday update: Today is the deadline for Michigan and Pennsylvania to certify the Election results under state law. This is basically a ministerial duty. The officials look at the county totals and make sure they are added up correctly to form the state totals. One Republican member of the Michigan board has said he is considering not approving so that an audit can be conducted. There is no such procedure under Michigan law. The Board has four members, two Relief Society and two Ds. If they deadlock, Governor Whitmer can remove one of the members and appoint another.

The state deadlines are in place to make sure certification is over before the federal Safe Harbor date. But what is it a Safe Harbor from? The answer is challenges by the new Congress on January 6. The last step in deciding the presidential outcome is a joint meeting of Congress January 6, where the results of the votes of the electors are tabulated. However, if an elector or slate of electors is challenged in writing by a Senator and a House member, the two chambers go into separate sessions, where they decide how to rule on the objections. If both sides agree, the objection is sustained and the vote or votes are not counted. This has happened a couple of times.

But if the Safe Harbor deadline is met, the new Congress cannot challenge the votes on January 6. To meet the deadline, the State must have certified the vote and all legal challenges be resolved. The Safe Harbor date is January 8. It's unclear to me whether "all legal challenges" refers to the procedures under State law for election challenges, or it includes Federal lawsuits brought outside the state system. Maybe that's an issue that hasn't been decided yet.

State laws vary as to what can happen after certification.

Trump v. Boockvar (PA Federal): Somebody noticed the problem with not appealing the dismissal of the first amended complaint. So the campaign has filed an amended emergency motion. It's a little weird. They are trying to preserve the right to argue claims that they made in the first amended complaint without actually appealing the judge's dismissal of the order. We'll see what the Court of Appeals does. Expect a scheduling order soon, probably today.

ETA: PA COUNTIES are scheduled to meet and certify today. Several haven’t completed the necessary steps and will certify over the next week. Per CNN.

[honorentheos]

Hi Res,

What do you think are the odds Sydney Powell being shunted from the Trump legal team and splitting off on her own claim is a tactical move to delay and muddy the waters given there is no actual case to be made? I wonder how much of this is not intended to be a direct attempt at supporting qualified legal challenges? And if not, what the end game might be?