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
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.
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.
This is a bit surprising, given that as of last time I checked nobody had been served and no appearance had been entered. I suspect it's an effort to make sure the case isn't "pending" on the 6th.
Link: https://t.co/oOJZD1F4x2
— Brad Heath (@bradheath) January 4, 2021
And, sure enough, still no proof of service on ANY defendant, still no appearance from defense counsel. And this is denying the motion for preliminary injunction but does NOT dismiss the case - which is potentially ominous for plaintiff's counsel.
This isn't a "happy judge" kind of first paragraph. Not even a little bit. Nope.
Y'all, this isn't even directed within a few hundred miles of my direction and I sill just instinctively checked to make sure that there's room for me to hide under my desk if I have to - this is a very not happy, very federal, very judge tone.
Also - the judge just outright said there's a bunch of reasons for dismissal. And not in "might be" terms. In definite fact ones. But the case isn't dismissed yet.
If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
More from Politics
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.
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It was Ved Vyas who edited the eighteen thousand shlokas of Bhagwat. This book destroys all your sins. It has twelve parts which are like kalpvraksh.
In the first skandh, the importance of Vedvyas
and characters of Pandavas are described by the dialogues between Suutji and Shaunakji. Then there is the story of Parikshit.
Next there is a Brahm Narad dialogue describing the avtaar of Bhagwan. Then the characteristics of Puraan are mentioned.
It also discusses the evolution of universe.( https://t.co/2aK1AZSC79 )
Next is the portrayal of Vidur and his dialogue with Maitreyji. Then there is a mention of Creation of universe by Brahma and the preachings of Sankhya by Kapil Muni.
HOW LIFE EVOLVED IN THIS UNIVERSE AS PER OUR SCRIPTURES.
— Anshul Pandey (@Anshulspiritual) August 29, 2020
Well maximum of Living being are the Vansaj of Rishi Kashyap. I have tried to give stories from different-different Puran. So lets start.... pic.twitter.com/MrrTS4xORk
In the next section we find the portrayal of Sati, Dhruv, Pruthu, and the story of ancient King, Bahirshi.
In the next section we find the character of King Priyavrat and his sons, different types of loks in this universe, and description of Narak. ( https://t.co/gmDTkLktKS )
Thread on NARK(HELL) / \u0928\u0930\u094d\u0915
— Anshul Pandey (@Anshulspiritual) August 11, 2020
Well today i will take you to a journey where nobody wants to go i.e Nark. Hence beware of doing Adharma/Evil things. There are various mentions in Puranas about Nark, But my Thread is only as per Bhagwat puran(SS attached in below Thread)
1/8 pic.twitter.com/raHYWtB53Q
In the sixth part we find the portrayal of Ajaamil ( https://t.co/LdVSSNspa2 ), Daksh and the birth of Marudgans( https://t.co/tecNidVckj )
In the seventh section we find the story of Prahlad and the description of Varnashram dharma. This section is based on karma vaasna.
#THREAD
— Anshul Pandey (@Anshulspiritual) August 12, 2020
WHY PARENTS CHOOSE RELIGIOUS OR PARAMATMA'S NAMES FOR THEIR CHILDREN AND WHICH ARE THE EASIEST WAY TO WASH AWAY YOUR SINS.
Yesterday I had described the types of Naraka's and the Sin or Adharma for a person to be there.
1/8 pic.twitter.com/XjPB2hfnUC