BC LAW
Saved by @Alex1Powell

Good morning, all. There's a little bit of news out of Michigan already this morning - it looks like Judge Parker wanted to start the work week this week with unnecessary and stupid distractions cleared away.

So she dismissed the MI Kraken tentacle sometime after midnight.

 It a 36-page opinion.

And it starts out strong.
ACK - my bad -

Sorry. I'm tweeting without caffeine and it shows. The order rejects the injunction, but it doesn't dismiss the case (yet). Skimming ahead, that appears a foregone conclusion, but technically the case isn't dismissed.
Seriously, though - this is yet another judge who is responding to these request to overturn the election with the judicial version of "you want me to *what*? Hard pass."
The judge is being kind to the plaintiffs here and doesn't mention the epiceyeburningdisasterthatwastheoriginalcomplaint. But you'll note that the judge also doesn't mention what claims were in that complaint or whether they are the same as the ones in the 1st Amended Complaint.
(I'm jumping past some material that's not all that noteworthy or important - busy day today on many levels, so not a lot of time.)
This is stated mildly, but it's a bit of a benchslap. It's very much "you really didn't do anything right and I had to remind you about things you should have done days earlier."
For the nonlawyers:
"Benchslap" is an official term of art, and is defined in Black's Law Dictionary. See below.
And noting that the rapid pace of these proceedings is the result of plaintiff's requests, so Sidney is getting what she asked for here.
It looks like this is - no real surprise - going to be another one of those "you lose for all of the reasons" opinions.
I didn't look too closely at the sovereign immunity issues in this case, but I did see they were briefed by MI. It appears that they were briefed very well.
The exception that allows prospective injunctive relief to end a continuing violation is, as the court points out, narrow.

On this court's reading, all the Kraken suits should be done and dismissed on these grounds, I think.
This passage also goes to why the SCOTUS petition in the Pennsylvania case is on very shaky ground, to put it mildly. That case is trying to disguise a request that SCOTUS instruct a state court on how to conform to state law as a constitutional claim. It's not well-disguised.
As the court points out, the defense is arguing that all the federal claims that Sidney raised are really just state law claims in a cheap disguise.
Not only does the court agree, it somewhat gratuitously quotes a bit of the Defense's snark about the insane nature of these claims when it does it.
Footnote 2 is interesting. No reason is given, but I don't think one is really necessary.
This makes it clear that dismissal is inevitable. That will be handled separately, but if the claims are barred by the 11th Amendment, they must be dismissed.
The first paragraph of the mootness section is succinct.
The court points out that plaintiffs failed to use the MI law procedures for challenging an election, which locks them out of most of the relief they wanted, and that there's no point to letting them look at machines if they have no case.
And, quoting both the 11th Circuit in Wood v Raffensperger and Justice Wecht's concurrence in the PA Supreme Court's ruling in Kelly, finds that there's no basis in law for a court to undo an election by telling the legislature to appoint electors. So the case is also moot.
But wait! There's more!

Let's talk about laches, because laches is another reason Sidney loses.
You'll notice that one of the things the court points to is Sidney's lengthy delay in bothering to serve the defendants. That kind of thing really does matter. (Of course, all the other delays didn't help either.)
Nice use of scare quotes here.
The court finds that there was unreasonable delay - based in part on the Plaintiffs' own concessions.

And that there is prejudice to the defendants. So the plaintiffs also lose on laches.
For the nonlawyers:
Abstention is a doctrine where federal courts decline to rule in a case even if they otherwise could to give the state courts a chance to weigh in on the matter. There are a few variants. It's technical; I'm going to skip past most of it.
But the court finds that abstention is warranted.
And we're still not done! We haven't talked about standing yet. So let's talk about standing.

There's no standing for the equal protection claim. There's also no standing for the Elections Clause and Electors Clause claims.
(I skipped a bunch of material there.)

So - for those keeping score:
The defendants lose because: 11th Amendment, mootness, laches, abstention, and standing.

With that out of the way, it's time to look at the merits of the request for injunctive relief.
The court goes on to find that even if none of those reasons to lose the whole case applied, the plaintiffs would still lose the Elections & Electors Clause claims.
And it looks like the Court read the affidavits carefully enough to see that they didn't actually allege anything real.
So there's no likelihood of success on the merits for Equal Protection either.

And, as most of the lawyers weighing in on these cases have pointed out, federal courts Do Not Like theories that would make every violation of the law a federal matter.
And even the court was done at this point - it's just "oh, and none of the other factors for injunctive relief work for you either."
Oh, and it looks like Judge Parker was very aware of the real purpose of the lawsuit, and wasn't a fan. At all.
Summary:
Seriously, that was brutal. It won't deter Sidney, of course, because Sidney is all the nuts. But it should.

This was a "you lose for all the reasons" ruling. The case may technically not be buried, but it's a zombie at this point - all that's left is to finish it off.
So that's one tentacle down. Several to go.

/fin
PS - but if you want more, it looks like Akiva is just getting started with his take.
https://t.co/gMyu2IyODj

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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.)
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Good afternoon, followers of frivolous performative litigation.

New filing in Orly Tatiz's bonkers attempt to halt the 2nd Impeachment trial. It's a gloriously burning train wreck of mangled formatting and hideous typography.

Let's dig

For those who may have forgotten, this is the case we saw last week - the one where Orly took the 12(b)(6) game to the next level by LITERALLY forgetting to include actual claims in her complaint.

So technically it's still unclear what she's suing over.

And, frankly, it's not like I can talk about the merits of this one because there aren't any. But the sheer stunning insanity of the formatting alone makes this worth a thread.

Even though, honestly, it's not the worst Orly has produced.

For context, the text below comes from the State of Hawaii's 2012 response to a motion for reconsideration in one of the birther cases.

"an inartfully collated, defectively stapled, and misordered collection of pages" is still one of my favorite descriptions of a filing ever.


Just to start with, apparently we're putting the caption on both sides of the (incomplete) line now. Single spaced on one side, double spaced on the other, no less. With everything but the judge's name in caps.
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Mike Dunford
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@questauthority
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.


As far as I can tell from the docket, this is the FOURTH attempt in a week to get a TRO; the question the judge will ask if they ever figure out how to get the judge's attention will be "couldn't you have served by now;" and this whole thing is a

The memorandum in support of this one is 9 pages, and should go pretty quick.

But they still haven't figured out widow/orphan issues.

https://t.co/l7EDatDudy


It appears that the opening of this particular filing is going to proceed on the theme of "we are big mad at @SollenbergerRC" which is totally something relevant when you are asking a District Court to temporarily annihilate the US Government on an ex parte basis.


Also, if they didn't want their case to be known as "in re Gondor" they really shouldn't have gone with the (non-literary) "Gondor has no king" quote.
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Mike Dunford
Mike Dunford
@questauthority
Happy Monday! Dominion Voting Systems is suing Rudy Giuliani for $1.3 billion.

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.


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.
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Mike Dunford
Mike Dunford
@questauthority
You know what?

I *will* without a doubt regret this.

But I'm going to watch Mike Pence read out the last returns before I go to sleep.

Also.

FUCK YEAH, AMERICA!!!!

That was not sarcasm. Hell, I've got Lee damn Greenwood running through my head right now.

We had a no-kidding attempted coup today. One of the two guys who would have benefitted from that coup is standing in the chamber of the House - which was occupied by seditionists hours ago - signing off on his electoral defeat.

I never, in a thousand years, thought I would say this.

But I say thee ye, Michael Pence.
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This is what he wants to do.

No matter how this trial plays out, the US will remain divided between those who choose truth, Democracy, and rule of law and the millions who reject these things.

1/


The question is how to move forward.

My mantra is that there are no magic bullets and these people will always be with us.

Except for state legislatures, they have less power now than they have for a while.

2/

The only real and lasting solutions are political ones. Get Democrats into local offices. Get people who want democracy to survive to the polls at every election, at every level.

It’s a constant battle.

3/

Maybe I should tell you all about Thurgood Marshall’s life to illustrate how hard the task is and how there will be backlash after each step of progress.

4/

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That's why I keep saying there are no easy
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1/ I want to briefly tease out Cruz's statement, which will help set expectations about what might happen January 6:

2/ At its heart, the presser states, "we intend to vote on January 6 to reject the electors from disputed states as not ‘regularly given' and ‘lawfully certified' (the statutory requisite), unless & until that emergency 10-day audit is completed."

3/ How does a10-day emergency audit happen? Congress would need to enact a statute to amend the Electoral Count Act before January 6, when it's compelled by law to meet. That seems unlikely.

4/ Cruz et al. seem to hold a "thick" view of the Electoral Count Act, adhering to the "statutory requisite," which means that Congress would need to amend or adhere to the statute.

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Matthew Hoppock
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One of the judges this story mentions is William Cassidy, who was promoted from an Atlanta IJ position to a BIA member position in 2019 by the Trump DOJ. Cassidy has an awful history that has been well-documented, but I'm still enraged reading this reporting.


The story notes that the EOIR Director served as an ICE attorney in Atlanta and practiced before Cassidy for years. And it points to FOIA records unearthed by Bryan Johnson showing they remain friendly.

A trove of complaints against Cassidy was published by AILA in 2019 after FOIA litigation. They generally show misconduct, substantiated in the record, followed by "written counseling" etc.

One way Cassidy could avoid discipline is by turning off the recording device during the hearing. If he made a lewd or offensive comment off the record, all the EOIR would do is listen to the recording. If it's not there, the complaint is "unsubstantiated" https://t.co/wUeBPEEbpV


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8 March 1679 - The date on which 300 saffron clad warriors gave their life to protect temples from mugal army. Thread➡️
Aurangzeb's huge army, which was adorned with artillery, elephant and horses, under the leadership of Commander Darab Khan had marched to punish the ruler of/1


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झिरमीर झिरमिर मेहा बरसे,मोरां छतरी छाई |
कुल में है तो आव सुजाण, फोज देवरे आई ||

if you are born in your glorious clan, then come, the army have come to destroy temple. /5
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