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
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.)
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.
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.
This is an excellent question, and it's something that I've thought about some over the last couple of months.
Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.
The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.
That happened this year, and the majority of those challenges were heard on the merits.
The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.
The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.
The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.
Those are cases where laches is clear - particularly the prejudice element.
Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.
Any merit to the notion that the rationales for some of these rulings will harm progressive challenges in future elections?
— Andrew Broering (@AndrewBroering) January 3, 2021
One says laches, another moot, another standing, sometimes with almost the same type of plaintiff.
The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.
That happened this year, and the majority of those challenges were heard on the merits.
The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.
The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.
The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.
Those are cases where laches is clear - particularly the prejudice element.
More from Politics
For a few weeks I’ve been wondering about Alexandria Ocasio-Cortez and just how she emerged as a politico. Her path to Washington is shocking, at the very least. My first question was: What were her campaign positions BEFORE she became a national figure?
1/
So I went to her campaign website and took that web address and looked through the internet archive. When I went back to 2017, it was not her website, it belonged to the group "Brand New Congress."
2/
Here's what the web address https://t.co/Uhz2q4Dpll looks like now:
3/
Here's what the same web address looked like in late 2017:
4/
What's “Brand New Congress?” BNC is a group of Bernie Sanders staffers who got together, decided to make the 2018 midterms all about Bernie policies by taking his ideas & finding 400 Bernie carbon copies to dump into Congressional & other races, creating a 400 headed Bernie.
5/
1/
So I went to her campaign website and took that web address and looked through the internet archive. When I went back to 2017, it was not her website, it belonged to the group "Brand New Congress."
2/
Here's what the web address https://t.co/Uhz2q4Dpll looks like now:
3/
Here's what the same web address looked like in late 2017:
4/
What's “Brand New Congress?” BNC is a group of Bernie Sanders staffers who got together, decided to make the 2018 midterms all about Bernie policies by taking his ideas & finding 400 Bernie carbon copies to dump into Congressional & other races, creating a 400 headed Bernie.
5/
THREAD
1)
@SidneyPowell1 reflects on #Iran’s meddling in the U.S. in a recent tweet to U.S. President Donald Trump.
This thread focuses on Iran’s dangerous influence in the U.S., especially through its DC-based lobby group
2)
Why is this important?
@DNI_Ratcliffe "told CBS News that there was foreign election interference by China, #Iran & Russia in November of this year [2020]."
All Americans should be informed about how Iran & its lobby group NIAC are meddling in the
3)
#Iran has been increasingly aiming to interfere in U.S. elections specifically through NIAC.
DNI John Ratcliffe had previously shed light on this vital
4)
NIAC is a lobby group in the U.S. pushing Iran’s talking points.
Listen to this Iranian regime insider explain that NIAC was established by @JZarif, the foreign minister of
5)
@tparsi is the official founder of NIAC in the U.S.
Listen to how Trita Parsi parrots Zarif’s talking
1)
@SidneyPowell1 reflects on #Iran’s meddling in the U.S. in a recent tweet to U.S. President Donald Trump.
This thread focuses on Iran’s dangerous influence in the U.S., especially through its DC-based lobby group
Dear @realDonaldTrump
— Sidney Powell \U0001f1fa\U0001f1f8\u2b50\u2b50\u2b50 (@SidneyPowell1) December 23, 2020
#China and #Iran stole this election from the #American people
who voted for you in a world-record landslide!
We must expose all the corruption and restore the Republic now
There will never be a free and fair election if we don\u2019t end the rigging now \U0001f1fa\U0001f1f8 pic.twitter.com/2t707xN0ar
2)
Why is this important?
@DNI_Ratcliffe "told CBS News that there was foreign election interference by China, #Iran & Russia in November of this year [2020]."
All Americans should be informed about how Iran & its lobby group NIAC are meddling in the
3)
#Iran has been increasingly aiming to interfere in U.S. elections specifically through NIAC.
DNI John Ratcliffe had previously shed light on this vital
4)
NIAC is a lobby group in the U.S. pushing Iran’s talking points.
Listen to this Iranian regime insider explain that NIAC was established by @JZarif, the foreign minister of
5)
@tparsi is the official founder of NIAC in the U.S.
Listen to how Trita Parsi parrots Zarif’s talking
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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
