https://t.co/PvaxB7Nkhi
OK. The Teams meeting that I unsuccessfully evaded (and which was actually a lot of fun and I'm really genuinely happy I was reminded to attend) is over, so let's take another swing at looking at the latest filings from in re Gondor.
Oh myyyyyyyyyy
— Mike Dunford (@questauthority) January 25, 2021
Good morning, followers of frivolous election-related litigation - new filings in Seditionists v 117th Congress et al. (aka in re Gondor)
I've really got to get stuff done, but there's time for a really quick overview.
https://t.co/PvaxB7Nkhi
But they still haven't figured out widow/orphan issues.
https://t.co/l7EDatDudy
Y'all need to reconnect (or possibly connect) with reality.
Now I do agree that "radical left-wing journalist" is most likely non-actionable opinion, but that wasn't the only thing the letter (which is irrelevant to this case) brought up.
Even if we assume that HAVA wasn't complied with (and I'm pretty sure that's incorrect), how do you get to the conclusion that this renders the entire election in all 50 states null and void?
We might not be spectacular at the whole common sense thing, but we're not totally bereft of it either.
Not a thing you want to be telling a court on your fourth attempt at submitting a proposed TRO.
Also pro tip:
You don't want to be on your fourth attempt at submitting a proposed TRO.
2: "Mere fantasy" is generous; "crackhead delusion" more accurate.
3: They are right in "a" sense where "a" = "every."
In all seriousness: I'll keep talking about this case because it's an absurd misuse of the legal system by licensed attorneys representing clients. But it's getting to the point where it's clear this guy needs help. And to be suspended while he's getting it.
Also, you need to serve defendants to get to trial, so pitter patter.
Hmmm. Wasn't really that hard to say.
Go figure.
You know what? Don't answer that. It's fine.
He's literally presenting the 1-page-cv-expert's legal analysis. As if it's expert testimony.
And it's a stupid, stupid, stupid argument.
"Judge, here's a menu, pick or do the cooking yourself, I don't care anymore" is ---
yikes.
I'm just gonna skip to the new, non-LOTR parts of this one.
https://t.co/JkMjzOXkH4
No, the Courts cannot enjoin Congress from voting; separation of powers. That's dumb. Just totally dumb.
Also, would this include (eg) a declaration of war if we're attacked? Attacked from without, I mean, not by insider threats like Plaintiffs' counsel in this case.
More from Mike Dunford
OK, so since my attempt to sit back while Akiva does all the work of going through the latest proof that not only the pro se have fools for lawyers has backfired, let's take a stroll through the motion for injunctive relief.
They've also got a brief in support of their injunction motion, but I've got client work that needs doing. Hopefully @questauthority has you covered
— Akiva Cohen (@AkivaMCohen) January 4, 2021
At the start, I'd note that the motion does not appear to be going anywhere fast - despite the request that they made over 80 hours ago to have the motion heard within 48 hours.
The most recent docket entries are all routine start-of-case stuff.
Why isn't it going anywhere quickly? Allow me to direct your attention to something that my learned colleague Mr. Cohen said
Folks, judges DO NOT read complaints or petitions when they are filed, and they DO NOT just up and act on the "requests for relief". If you want something, you need to actually ask the court for it by a motion, not just put it in your "here's what we want if we win" section
— Akiva Cohen (@AkivaMCohen) January 4, 2021
Now I'm not a litigator, but if I had an emergency thing that absolutely had to be heard over a holiday weekend, I'd start by reading the relevant part of the local rules for the specific court in which I am filing my case.
In this case, this bit, in particular, seems relevant:
My next step, if I had any uncertainty at all, would be to find and use the court's after-hours emergency contact info. I might have to work some to find it, but it'll be there. Emergencies happen; there are procedures for them.
And then I'd do exactly what they tell me to do.
No, this is not a thing that will change the election. At all.
If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of
It looks like we have a new leader in the \u201ccraziest lawsuit filed to purportedly challenge the election\u201d category:
— Steve Vladeck (@steve_vladeck) December 8, 2020
The State of Texas is suing Pennsylvania, Georgia, Michigan, and Wisconsin *directly* in #SCOTUS.
(Spoiler alert: The Court is *never* going to hear this one.) pic.twitter.com/2L4GmdCB6I
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.
Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
As Akiva notes, the legal question is going to boil down to something known as "actual malice."
That's a tricky concept for nonlawyers (and often for lawyers) so an explainer might help.
So Dominion sued Rudy for defamation. How are they ever going to allege actual malice? https://t.co/p8d3flDkGm
— Akiva Cohen (@AkivaMCohen) January 25, 2021
What I'm going to do with this thread is a bit different from normal - I'm going to start by explaining the underlying law so that you can see why lawyers are a little skeptical of the odds of success, and only look at the complaint after that.
So let's start with the most basic basics:
If you want to win a defamation case, you have to prove:
(1) that defendant made a false and defamatory statement about you;
(2) to a third party without privilege;
(3) with the required degree of fault;
(4) causing you to suffer damage.
For Dominion's defamation cases, proving 1 and 4 is easy. 2 is, in the case of the lawyers they're suing, slightly more complex but not hard. And 3 - degree of fault - is really really hard to prove.
A false statement of fact that is defamatory is a slam dunk element here - all the fraud allegations against dominion are totally banana-pants. They are also allegations which are clearly going to harm Dominion's reputation.
More from Politics
What would that "look like" in reality?
So a massive adult film star in all his glory is included in an official FBI government filing
Perhaps the explanation is that Patriots are in control.
— David Burney (@jdburney1) February 6, 2021
\U0001f923\U0001f923\U0001f923\U0001f923 https://t.co/W3S8TgeY74
Hunter Biden's book is categorized as "Chinese
Patriots in control?
— David Burney (@jdburney1) February 6, 2021
\U0001f923\U0001f923\U0001f923\U0001f923 https://t.co/p0rEyfd2DW
TIME admits to "conspiracy" to "not rig, rather
TIME admits stolen election, with spin!
— David Burney (@jdburney1) February 6, 2021
"They weren't rigging the election, they were fortifying it."
Recognize the Ministry of Truth? How many things in the last few years have been redefined to be the opposite of reality?
Google the definition of "bigot" if you doubt me. https://t.co/CNU888fxr4 pic.twitter.com/UEhRBOtUB6
A "pillow guy" has military-grade intercepts detailing the IP addresses and device MAC IDs of EVERY incursion into every county in the
God bless the pillow manufacturer.
— David Burney (@jdburney1) February 6, 2021
The last 30 minutes details where every single incursion is recorded including IP and MAC addresses. 100% proof. pic.twitter.com/P5MVb1xGNC
The community’s response? Outrage.
Amazon will divide its second headquarters evenly between New York's Long Island City and Arlington County's Crystal City neighborhoods. Other cities may also receive major sites. https://t.co/c1lKmeQinX
— The Wall Street Journal (@WSJ) November 13, 2018
Amazon is a billion-dollar company. The idea that it will receive hundreds of millions of dollars in tax breaks at a time when our subway is crumbling and our communities need MORE investment, not less, is extremely concerning to residents here.
When we talk about bringing jobs to the community, we need to dig deep:
- Has the company promised to hire in the existing community?
- What’s the quality of jobs + how many are promised? Are these jobs low-wage or high wage? Are there benefits? Can people collectively bargain?
Displacement is not community development. Investing in luxury condos is not the same thing as investing in people and families.
Shuffling working class people out of a community does not improve their quality of life.
We need to focus on good healthcare, living wages, affordable rent. Corporations that offer none of those things should be met w/ skepticism.
It’s possible to establish economic partnerships w/ real opportunities for working families, instead of a race-to-the-bottom competition.
This is part of a pattern that as detailed by Mueller, and has been proven by reputable studies since then. Here are parts of an Oxford report on the goals of the ongoing social media operations of Russia. https://t.co/qapD8Eh2SQ
Here's some from a search of your TL
— \U0001d679\U0001d698\U0001d691\U0001d697 \U0001d686\U0001d68e\U0001d69c\U0001d695\U0001d68e\U0001d6a2 (@thepalemoonlt) April 21, 2021
Uses of the word prison before today: 13.
Tweets for specifically suggesting abolishing prison prior to today: 1 on 06/03/2020
Mentions of prison and abolishing it today: 8
Of all the times to speak out, Why did you choose to now? https://t.co/kl7gx7ky2H
https://t.co/nJPPOwF1MA
The full report can be found here.
https://t.co/1q525xWYZE
Excertps from the 2019 Senate Intelligence Committee Report on Russian Actove Measures Campaigns and Interference:
Also form the Senate Intelligence Committee report