I'm slightly obsessed with this "#PenceCard" nonsense which is like the Platonic ideal of the current level of Trump election stealing conspiracy theory nonsense.
Which was a week ago, incidentally.
I expect there will be some meltdowns, but probably even more people seamlessly pivoting to "Well obviously he wouldn't do it in public." or "It's actually January 6th."
Small problem is: he's a defendant in that case, not a plaintiff.
https://t.co/kmPoiQ3KYa
The only really notable feature of the absurd new election lawsuit in D.C. is that the plaintiffs sued Mike Pence in his official capacity, meaning I suppose that the Justice Department will now be obliged to defend him from the many pages of absurdity. https://t.co/PqKLZHWtSI pic.twitter.com/bUc9uWMnD6
— Brad Heath (@bradheath) December 22, 2020
https://t.co/Agqr6NmrbG
There is actually some mystery here. As much as I'd love to see it dismissed under Fed R Civ P 12(b)(1-7)(inclusive), it will probably be narrower. In which case we're looking at any or all of a considerable number of plausible options.
— Mike Dunford (@questauthority) December 23, 2020
Specifically: https://t.co/zv4zMESxZs
https://t.co/4i8Qzz3yLJ
Also, good luck attempting service on the Electoral College, which isn't really an organization or a thing. This is like suing "the states."
— Brad Heath (@bradheath) December 22, 2020
Prison inmates who represent themselves generally avoid goofy stuff like this. pic.twitter.com/Cvbk7v5zzO
More from Alexandra Erin the Meadow We Can Build a Snowman
News \u2014 One of President Trump's closest confidants and top aides, Hope Hicks, is discussing resigning before he leaves office, according to two people. She has told people if she does, she would likely leave within the next 48 hours. It's not clear she has made a decision.
— Kaitlan Collins (@kaitlancollins) January 8, 2021
(DC POLICE) MPD CHIEF : "There was no intelligence that suggests that there would be a breach of the US Capitol. "
— Chris Cioffi (@ReporterCioffi) January 7, 2021
More from Law
And as a former EMT let me tell you, you will find dropout cops in training classes that just want power over people - difference is our system has CONSEQUENCES for negligence and malpractice. We get the same chuds every now and then but they still have to help or else.
— Love Potion No. Nines (@NineJackals) January 29, 2021
The idea that we can "disbar" lawyers but not police is absolute foolishness.
All the factors that make disbarment a necessary tool for lawyers apply to cops... except that cops don't need to be qualified in the first place.
It is a rank absurdity of the criminal justice system that one needs to be educated and certified with a degree in order to argue on behalf of someone's life in court, but to have no qualifications necessary to detain, assault, or prematurely end that same life.
There are countless circumstances in which a lawyer's unethical behavior will result in them not only losing their job but never being able to practice it again.
But corrupt and murderous cops can be rehired indefinitely.
A lawyer's entire career can be ended forever if they were found to have knowingly put someone on a stand to lie.
Police officers however are allowed to lie in court on the stand under oath.
So much that lawyers aren't penalized for putting cops on the stand to lie.
Honest Q: Some people argue in good faith that an impeachment trial after POTUS leaves office is unconstitutional. I think they\u2019re wrong. But let\u2019s say they\u2019re right, yet senate does it anyway. Does anyone seriously think SCOTUS reverses verdict (or even can)?
— Jonah Goldberg (@JonahDispatch) January 17, 2021
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).