BC POLITICS
Saved by @Alex1Powell

Goddamn it, Texas, I don't have time for this today.

Fine. Fine. A brief thread. (Yesterday I said I'd do a brief thread on the Michigan decision and finished an hour and a half later. Can't let this be that, today).

 OK. Texas filed a motion for leave to file a complaint against PA, GA, MI and WI in the Supreme Court. Someone else can lawsplain to you how that works, or you can google the highlighted rules, but briefly, this is a thing they can theoretically do
There is a MASSIVE contradiction at the heart of this complaint, and its doomed for other reasons, too (standing, laches, abstention)
They have three theories for why they can sue:
1) Violation of the Electors Clause of the Constitution ("the Constitution gives state legislatures exclusive control of the manner of selecting electors and judicial action can't change it)
2) "Counties applied different rules"
And 3) "you didn't have as strict voter ID requirements as we'd like, and that's unconstitutional for reasons"

That's it. That's the case
They're also leaning into "every violation of state election law is a violation of the constitution" which will fly like a lead balloon
OK, on to the Complaint
And the contradiction.

The core of their complaint is that when the Constitution gives state legislatures the right to direct the "Manner" of appointing electors, that right is exclusive, and the "Manner" set by the legislature can't be varied *at all* by courts or executives
So what relief do they want? "SCOTUS, please extend December 14th voting date for presidential electors, which Congress set by statute"
The 14th, btw, is NOT the deadline for "appointing" electors. The statutory deadline for appointing electors is Nov 3 (Election Day). (Everything that happens after election day, including later certifications, is just determining *who* was appointed that day, by the election)
The 14th is the day that Congress, by statute, set for the appointed electors to actually vote for President
But the Constitution - in the very same section that says State Legislatures decide the "Manner" in which Electors are appointed - also says this:
This creates 2 problems for Texas and Trumpian Dead-Enders.

First, Congress already set the day for choosing electors as November 3. No state can choose electors on any subsequent date
Second, Congress set the date for the vote as 12/14.

And if the delegation of "Manner" to state legislatures means that state courts can't, for example, extend ballot receipt deadlines because the delegation is EXCLUSIVE and only state legislatures can set those rules, then ...
The delegation of "Time" to Congress must - must, no way around it - ALSO be exclusive, meaning the Supreme Court would have no authority AT ALL to extend the December 14th date, either
Either they're both exclusive (in which case SCOTUS can't grant the requested relief) or they are both subject to judicial oversight (in which case Texas's substantive claim is doomed). There's no third option
Texas then adopts the crazy conspiracy theories that have already been presented to and repeatedly rejected by other courts around the country.
Holy fuck they didn't
They did. They fucking did

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Akiva Cohen
@AkivaMCohen
OK, #Squidigation fans, I think we need to talk about the new Wisconsin suit Donald Trump filed - personally - in Federal Court last night. The suit is (as usual) meritless. But it's meritless in new and disturbing ways. This thread will be


Not, I hope, Seth Abramson long. But will see.

I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃

First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.


If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)

Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
So Dominion sued Rudy for defamation. How are they ever going to allege actual malice?
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
The judge in this case has now issued an absolutely brutal smackdown that you'll enjoy reading. It comes complete with a well-earned threat of sanctions.


Here's the decision. Some highlights follow

Pretty sure I said this, using slightly different words!


Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be


You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
FOR LATER READ
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Looks like we need to spend some time talking about the Parler lolsuit against Amazon and why it's deader than a Mitch McConnell comedy special. They've brought three claims - antitrust, breach of contract, and tortious interference. None will survive. Here's why

Here's the meat of their intro: Amazon isn't being fair to us. They're holding us to a higher standard than Twitter - they say we allow violent content, but look what Twitter does!


There are a few problems with this approach. First, there's a factual problem: Twitter and Parler take very different approaches to moderation. Hell, *that's Parler's entire pitch.* So "we're the same as Twitter, why are you treating us different" isn't going to fly

ALSO, the hashtag was mostly people saying "these folks are calling to hang Mike


And ALSO also, did anyone notice any prominent right wingers complaining about losing tens of thousands of followers yesterday? You know why they did? Because Twitter has been active in deleting accounts that violate its TOS
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
Somebody asked me about this idiotic "PenceCard 2: Electric Boogaloo" article, and people, just stop worrying about this stuff.

The conspiracy wing of the GOP is going to keep pumping out these "Ten Neat Tricks to steal an election [number 8 will shock you!]" articles straight through the inauguration. (Yes - don't expect this to stop after the electoral votes are counted)

None of it is real. None of it has any legal basis. It's fantasy written by fantasists for coping MAGA-ites who find reality just too painful to accept. Ignore it.

This particular flavor of wishcasting was written by Ted Noel. Unless there are two "Ted Noel"s writing nonsense for the American Thinker, Noel is a doctor, not a lawyer or scholar, who nevertheless writes about legal issues

This actually makes me feel a bit better, because the thought that a *lawyer* could think that Pence had "plenary power" to discard state election certificates for any reason he chose is - even after watching Wood, Powell, Kaardal, and the rest - somehow too hard to contemplate
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@LiteraryMouse
In regards to the #CapitolCoup, I’m in a unique position. I monitored forums ahead of time and then was present for the coup itself.

These are my observations based on what I saw and the evidence that’s been collected so far. I reserve the right to adjust my analysis as needed.

Let’s talk about the organization of the coup first. Seeing some people insist that the coup must have been highly planned and coordinated.

Yes and no. This was a #StochasticCoup. We’ll see little evidence of direct communication between Trump and the insurrectionists.

Within the insurrectionists, there was not one group that executed the storming of the Capitol.

Rather, there were a number of smaller groups working independently towards the same goal. I expect you’ll see little evidence that these various groups communicated with each other.

What you will see is detailed planning and coordination within these small groups.

Then there were the joyriders, those Trump supporters who weren’t directly involved in any plotting but who were more than happy to go along for the ride once the coup was in motion.

After four years, the insurrectionists were carefully attuned to Trump’s messaging.

Every tweet and statement of his was treated as marching orders and carefully dissected for meaning.

It’s why shutting down Trump’s Twitter account was so important.
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President Elect Bloc Rockin Tees \U0001f438
President Elect Bloc R...
@BlocRockinTees
Prepare to have your mind blown. https://t.co/QKvDLVx8KG Lin Wood, Isaac Kappy Here’s what we know
1. Lin Wood shares the password
2. Website has an article where the first letter of each sentence matches password
3. Title of article is an anagram for issac kappy


4. Somehow the file is stored in tor because of the reference to torsocks
5. Nobody has done an in depth analysis of the source code to see if there’s any hints there
6 search engine searches for slack, tor, and website returned nothing

https://t.co/lCajyM4TWp @sistronk @Crazy_German17 @boy17_tommy @105artillery @thecoffeebarons @Mareq16 @MKEBRAWLER @RealMaciejHelak @C8red8r @FabianBlondel @LaureenZapf

https://t.co/4tUs7tESwg

Silicon Valley is modelled after Crassus
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Richard James
Richard James
@RJSHutton
I think a plausible explanation is that whatever Corbyn says or does, his critics will denounce - no matter how much hypocrisy it necessitates.


Corbyn opposes the exploitation of foreign sweatshop-workers - Labour MPs complain he's like Nigel

He speaks up in defence of migrants - Labour MPs whinge that he's not listening to the public's very real concerns about immigration:

He's wrong to prioritise Labour Party members over the public:

He's wrong to prioritise the public over Labour Party
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Feisty Cat\U0001f339 (@FeistyCat on GAB)
Feisty Cat🌹 (@FeistyCa...
@CHHR01
An orders list will be coming out Mon. Per Lin: likely a ruling in the PA case with GA and MI granted cert with/reversal and remand to follow law in PA case. Then we move on to another Conference next Friday with those orders issued Mon Mar 1st.🙏
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Matt Taibbi
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@mtaibbi
Thread. 1) Thirty or forty years ago, supporting free speech was understood to be a non-negotiable core value of the liberal left.

2) Pop culture endlessly celebrated liberalism’s uncompromising support of speech rights — from The People Vs. Larry Flynt to Field of Dreams to The American President.

3) Think of “President Shepard’s” speech in “The American President” about how “America isn’t easy” and citizenship requires we “acknowledge a man whose words make your blood boil.”

4) That started to change long before Trump. As “The American President” came out, Bill Clinton was pushing the first Internet censorship laws.

When the PATRIOT Act passed, every Democrat but one in both houses voted yes. Russ Feingold, Independent Bernie Sanders, and three Republicans voted no.
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