Texas - WTF is this even - a very short reassurance thread:
1: The Texas "lawusit" against four other "battleground" states in the United States Supreme Court is legally stupid.* It is so legally stupid that I was reluctant to believe that even Ken Paxton would file it.
For lawyers, this is a signal that this is a performance of politics by "litigation" and not a serious effort.
Lawyers - at least competent ones - will zero in on the alleged injury and the evidence that the injury was caused by the defendant states.
Courts care about how the person bringing the complaint was allegedly harmed by the person being sued. If there's not a harm you can sue over and/or you can't show how the person you are suing caused that harm, You Have No Case.
The motion for leave to file doesn't seem to allege an actual injury that courts address, and doesn't really allege how the state in question caused that injury.
I am not worried in the least about the case.
https://t.co/QRIBlW6qf6
Goddamn it, Texas, I don't have time for this today.
— Akiva Cohen (@AkivaMCohen) December 8, 2020
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).
I'll let them take it. I looked at the injury section and then deleted the download.
https://t.co/ipbla8ose4
I *do* want to pick it apart!
— Actually malicious, no actual malice (@apark2453) December 8, 2020
And... Wow. This is art.
154 pages.
One entry on the table of contents: "Motion for leave... page 1".
1/ https://t.co/PgNRwnpxKY pic.twitter.com/b89qpCFRp5
More from Mike Dunford
THREAD:
Good afternoon, followers of frivolous election litigation. There's a last-minute entry in the competition for dumbest pre-inauguration lawsuit - a totally loony effort to apparently leave the entire USA without a government.
We'll start with the complaint in a minute.
But first, I want to give you a quick explanation for why I'm going to keep talking about these cases even after the inauguration.
They're part of an ongoing effort - one that's not well-coordinated but is widespread - to discredit our fundamental system of government.
It's a direct descendent, in more ways than one, of birtherism. And here's the thing about birtherism. It might have been a joke to a lot of people, but it was extremely pernicious. It obviously validated the racist "not good enough to be President" crowd. But that wasn't all.
Don't get me wrong, that was bad enough. Validating racism helped put the kind of shitbird who would tweet this from an official government account into power. But it didn't stop
(Also, if you agree with Pompeo about multiculturalism - the legendary melting pot - not being what this country is all about, you need to stop following me now. And maybe go somewhere and think about your life choices and what made you such a tool.)
Good afternoon, followers of frivolous election litigation. There's a last-minute entry in the competition for dumbest pre-inauguration lawsuit - a totally loony effort to apparently leave the entire USA without a government.
We'll start with the complaint in a minute.
But first, I want to give you a quick explanation for why I'm going to keep talking about these cases even after the inauguration.
They're part of an ongoing effort - one that's not well-coordinated but is widespread - to discredit our fundamental system of government.
It's a direct descendent, in more ways than one, of birtherism. And here's the thing about birtherism. It might have been a joke to a lot of people, but it was extremely pernicious. It obviously validated the racist "not good enough to be President" crowd. But that wasn't all.
Don't get me wrong, that was bad enough. Validating racism helped put the kind of shitbird who would tweet this from an official government account into power. But it didn't stop
Woke-ism, multiculturalism, all the -isms \u2014 they're not who America is. They distort our glorious founding and what this country is all about. Our enemies stoke these divisions because they know they make us weaker. pic.twitter.com/Mu97xCgxfS
— Secretary Pompeo (@SecPompeo) January 19, 2021
(Also, if you agree with Pompeo about multiculturalism - the legendary melting pot - not being what this country is all about, you need to stop following me now. And maybe go somewhere and think about your life choices and what made you such a tool.)
I've been trying to think that through - not just legally, but judicially.
The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.
On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.
That's the easy part. Now for the nuttier side - the logistics.
The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.
Can you game out where it would go it theoretically Trump did enact some EO demanding the impounding of voting machines? As that\u2019s clearly the game. Like he signs it, then what? Do marshals listen or refuse? Do states sue and get an emergency injunction and that\u2019s the end?
— Bryan Duva (@duva60) December 21, 2020
On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.
That's the easy part. Now for the nuttier side - the logistics.
More from Court
Some initial observations about this case, and in particular what the Court of Appeal made of the Attorney General’s application to refer these sentences as “unduly lenient”.
Spoiler: it makes uncomfortable reading for the Attorney General.
First, by way of background. I was one of several commentators astonished that the Attorney General, who has no known experience of practising criminal law, decided to personally present this serious case at the Court of Appeal.
It appeared an overtly political decision.
Comments leaked to the press confirmed this was a political decision, to capitalise on a tragic case in the headlines.
A “friend” of the Attorney General told the Express that she was pursuing the case *against* legal advice. She also took a preemptive pop at the judges.
On the day of the hearing, it appeared from selected reports that the AG was out of her depth. She appeared to be making political submissions to the Court of Appeal that have no place in a case of this type.
The Court of Appeal judgment helps understand what happened.
The AG played a limited role. She “rehearsed some of the facts and said that the sentences had caused widespread public concern”
Her contribution was seemingly not considered by the Court to be legal submissions. Oof.
Spoiler: it makes uncomfortable reading for the Attorney General.
There will be no substantive change to the sentences passed on the killers of Pc Andrew Harper.
— The Secret Barrister (@BarristerSecret) December 16, 2020
The Attorney General\u2019s application to refer the sentences as unduly lenient and the defence applications for leave to appeal against sentence have been refused by the Court of Appeal. https://t.co/qxTzuj7jR3
First, by way of background. I was one of several commentators astonished that the Attorney General, who has no known experience of practising criminal law, decided to personally present this serious case at the Court of Appeal.
It appeared an overtly political decision.
Grimly cynical.
— The Secret Barrister (@BarristerSecret) November 12, 2020
The Attorney General - who has absolutely no experience of criminal law - is so desperate to exploit this tragic case that she is inserting herself into proceedings that she is not competent to conduct.https://t.co/QWdINvUwwf
Comments leaked to the press confirmed this was a political decision, to capitalise on a tragic case in the headlines.
A “friend” of the Attorney General told the Express that she was pursuing the case *against* legal advice. She also took a preemptive pop at the judges.
Before the hearing, the Attorney General leaked to the Daily Express, via an alleged \u201cfriend\u201d, her views that, should the judges find against her, it will be because they are \u201cwet liberal judges\u201d who are \u201csoft on criminals\u201d. https://t.co/5uGggN8tTT
— The Secret Barrister (@BarristerSecret) November 30, 2020
On the day of the hearing, it appeared from selected reports that the AG was out of her depth. She appeared to be making political submissions to the Court of Appeal that have no place in a case of this type.
The Attorney General had to be embarrassingly corrected during the hearing by an actual criminal silk after making irrelevant and politicised submissions to the Court of Appeal.
— The Secret Barrister (@BarristerSecret) November 30, 2020
What a farce. pic.twitter.com/wy81xoFIDI
The Court of Appeal judgment helps understand what happened.
The AG played a limited role. She “rehearsed some of the facts and said that the sentences had caused widespread public concern”
Her contribution was seemingly not considered by the Court to be legal submissions. Oof.
There won't be a rerun of Jan 6. The riot at the Capitol was unique in many ways: Trump called for it; it was the last chance to "overturn" the election; it was huge in scale.
The coming Trumpist events on Jan 17 and Jan 20 will probably be much smaller in scale, especially in DC. The MAGA crew can't buy another flight and take more days off work so soon after Jan 6.
Some of the Trumpist forums are actively suspicious of these events, claiming they're FBI or Antifa traps. A lot of people at TDW felt that the *design* of this flyer was too lefty to be real!
Unfortunately, that doesn't mean everything will be OK. The statehouse events on Jan 17 have the potential to turn violent, where a few hundred people could be enough to overwhelm local authorities.
MAGA anger at a lot of the GOP is high, as well as against Dems. Even red states could see problems, so I hope authorities are prepared.
The stuff I've heard in the last 72 hours\u2014from members of Congress, law enforcement friends, gun shop owners, MAGA devotees\u2014is absolutely chilling.
— Tim Alberta (@TimAlberta) January 10, 2021
We need to brace for a wave of violence in this country. Not just over the next couple of weeks, but over the next couple of years.
The coming Trumpist events on Jan 17 and Jan 20 will probably be much smaller in scale, especially in DC. The MAGA crew can't buy another flight and take more days off work so soon after Jan 6.
Some of the Trumpist forums are actively suspicious of these events, claiming they're FBI or Antifa traps. A lot of people at TDW felt that the *design* of this flyer was too lefty to be real!
Unfortunately, that doesn't mean everything will be OK. The statehouse events on Jan 17 have the potential to turn violent, where a few hundred people could be enough to overwhelm local authorities.
MAGA anger at a lot of the GOP is high, as well as against Dems. Even red states could see problems, so I hope authorities are prepared.
. @econbrkfst is seething a hole in the pavement as I type this.
Yes, it is a lovely meme. I'm glad you agree🍇
But he doesn't know who to attack.
Go after the weird Purp guy, or go after Mimosa Mariah?
And now he locked because he's a coward.
I'll remind Nicholas Lee of the advise he gave Zen. Locking on https://t.co/9HFtgB72RQ doesn't accomplish anything.
Delete your account 🍇
.@econbrkfst did I mention delete your account yet?
Here's an archive of nearly 3,000 @econbrkfst
Yes, it is a lovely meme. I'm glad you agree🍇
But he doesn't know who to attack.
Go after the weird Purp guy, or go after Mimosa Mariah?
And now he locked because he's a coward.
I'll remind Nicholas Lee of the advise he gave Zen. Locking on https://t.co/9HFtgB72RQ doesn't accomplish anything.
Delete your account 🍇
.@econbrkfst did I mention delete your account yet?
Here's an archive of nearly 3,000 @econbrkfst
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Keep dwelling on this:
Further Examination of the Motif near PRRA Reveals Close Structural Similarity to the SEB Superantigen as well as Sequence Similarities to Neurotoxins and a Viral SAg.
The insertion PRRA together with 7 sequentially preceding residues & succeeding R685 (conserved in β-CoVs) form a motif, Y674QTQTNSPRRAR685, homologous to those of neurotoxins from Ophiophagus (cobra) and Bungarus genera, as well as neurotoxin-like regions from three RABV strains
(20) (Fig. 2D). We further noticed that the same segment bears close similarity to the HIV-1 glycoprotein gp120 SAg motif F164 to V174.
https://t.co/EwwJOSa8RK
In (B), the segment S680PPRAR685 including the PRRA insert and highly conserved cleavage site *R685* is shown in van der Waals representation (black labels) and nearby CDR residues of the TCRVβ domain are labeled in blue/white
https://t.co/BsY8BAIzDa
Sequence Identity %
https://t.co/BsY8BAIzDa
Y674 - QTQTNSPRRA - R685
Similar to neurotoxins from Ophiophagus (cobra) & Bungarus genera & neurotoxin-like regions from three RABV strains
T678 - NSPRRA- R685
Superantigenic core, consistently aligned against bacterial or viral SAgs
Further Examination of the Motif near PRRA Reveals Close Structural Similarity to the SEB Superantigen as well as Sequence Similarities to Neurotoxins and a Viral SAg.
The insertion PRRA together with 7 sequentially preceding residues & succeeding R685 (conserved in β-CoVs) form a motif, Y674QTQTNSPRRAR685, homologous to those of neurotoxins from Ophiophagus (cobra) and Bungarus genera, as well as neurotoxin-like regions from three RABV strains
(20) (Fig. 2D). We further noticed that the same segment bears close similarity to the HIV-1 glycoprotein gp120 SAg motif F164 to V174.
https://t.co/EwwJOSa8RK
In (B), the segment S680PPRAR685 including the PRRA insert and highly conserved cleavage site *R685* is shown in van der Waals representation (black labels) and nearby CDR residues of the TCRVβ domain are labeled in blue/white
https://t.co/BsY8BAIzDa
Sequence Identity %
https://t.co/BsY8BAIzDa
Y674 - QTQTNSPRRA - R685
Similar to neurotoxins from Ophiophagus (cobra) & Bungarus genera & neurotoxin-like regions from three RABV strains
T678 - NSPRRA- R685
Superantigenic core, consistently aligned against bacterial or viral SAgs
