Yes, I have seen the thing about Texas suing other states over the election. Yes, the US Supreme Court has original and exclusive jurisdiction over cases between states.

No, this is not a thing that will change the election. At all.

Happy New Year, y'all -
And let's start with an election litigation update for the Gohmertian Goofiness.

As of 3 minutes ago no reply brief from Gohmert but some other updates have appeared.

(No, the judge won't ignore his filing if it's a little late.)

AND IT GETS BETTER -
I just looked for an update. Found one. They're asking for another hour because the dog ate their homework.

Seriously, they've been using Google Docs for their serious work and are having problems making that work with Word to produce the final version of this filing.

That filing, by the way, can be up to 50 pages long but, given the strong hint in the motion granting permission for the overlength filing, should address everything not just in Pence's brief but also in the House Amicus and the proposed intervenor's motion to dismiss.

Meanwhile, the treasonweasel cosplayers from Michigan want to intervene as plaintiffs.

Not only do they want to intervene, they want to do so in their "official capacities as Presidential Electors for the State of Michigan."

Note: They are not Presidential Electors. Anywhere.

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.

*My patience level is not ginormous today. Please don't try to explain to me why you think it isn't stupid for whatever other reasons because I'll be making liberal use of the airlock. Thx.

2: Yes, one state can sue another at the US Supreme Court. However, the Supreme Court gets to decide whether to take the case. One factor that they will **undoubtedly** look at is the factor of "injury."

Texas is claiming two things. First, that the states have a special interest in who becomes Vice President because of the tiebreaker. Second, that their electors are injured if their votes are "diluted" by electors from states that, in Texas's view, didn't obey their own law.

There is very little argument presented for "injury." Even less - barely a paragraph - was presented for how the defendant states caused that injury.

For lawyers, this is a signal that this is a performance of politics by "litigation" and not a serious effort.

Good morning, electoral lunacy followers. Welcome to what I suspect will be the 2020 equivalent of the Orly Taitz litigation: Sidney Powell Sues Everoyen For LAL Of Teh ThInGs

This is the first of what will (hopefully) be a limited number of #Kraken-related threads.

That said, I doubt the number will be limited. I think Sidney Powell is the Orly Taitz of the Biden Administration.

And I doubt I've acquired enough maturity since my younger birther-watching days to ignore these. So, yes, at least for cases with public dockets, I'm here.

We've got two filings so far - a Michigan one (King v Whitmer) that has been filed, and a Georgia one (Pearson v Kemp) that cannot presently be located on PACER.

This may be because there are parallel Quorts not in the system but maybe it just didn't get filed.

Here's how I'm going to deal with that - I'll start livetweeting King (the filed one) in a little bit, after I do some turkey prep. I'll do that in this thread, but probably even slower and more interrupted than usual - so you might just want to bookmark and come back later.

Tonight, if there's interest, I might be both willing and able to stream a read of the (maybe unfiled) GA case on Twitch tonight.

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.

Good morning, post-election frivolous performative litigation followers - we've got another new filing in Seditionists v 117th Congress et al.

It's yet another motion for a Temporary Restraining Order - making it the 3rd in 3 days.

And it's a

Now, you'd think that if you kept throwing 'emergency' paperwork at the court and the court kept saying nothing in reply that you might want to take some time and figure out what you're doing wrong, but nope. Not these buffoons.

They're still not within 50 miles of complying with Fed R Civ P 65 - and my guess is that this judge might view that as entirely a "them" problem which the court has no obligation to explain.

So they're still stuck at Step 1.

But that's honestly the least of their issues.

They have, apparently in lieu of attempting to comply with Rule 65, put "ORAL HEARING REQUESTED" in all caps right after the heading.

I'm not a litigator but I don't think that's a recognized alternative to attempting to provide notice to the adverse party.

They want to "preserve the status quo" by placing two of the three branches of government in a state of "stewardship." That's...

...unique.

NEW: @GenFlynn interview w/ @newsmax [on his view of the 2020 Election and what should happen next] "First of all, @realDonaldTrump won on the 3rd of November. The things that he needs to do right now [are]: appoint a Special Counsel, immediately; seize all of these Dominion and

2/ other voting machines that we have across the country; he needs to go ahead and prioritize by state, and probably by county [Fulton County, Maricopa County, as an example]. Exactly what they did up in Antrim County, MI, and what they discovered. I think if he looks

3/ at a random sampling of some of these counties, he's going to find exactly the same problem. These machines are clearly, CLEARLY, there is a foreign influence that is tied to this system, and it goes back to China. It likely goes to Russia. Likely goes to Iran. We know that

4/ Venezuela has participated in the development of these machines. There's been problems all over the country with them. Not only with Dominion, but with this Smartmatic software. He's got a couple of options that he can take, and he needs to take them right now.

5/ The President could, immediately, on his order, seize every single one of these machines around country, on his order. He could also order, within the swing-states [if he wanted to], he could take military capabilities and he could place them in those states & basically re-run

TRUMP'S COUP TIMELINE

* This thread will use military time and EST time zone for any times provided.

November 7, 2020 - The press calls the 2020 presidential election for now President-elect Joe Biden, 4 days after the election.

November 9, 2020

After meeting with Senate Majority Leader Mitch McConnell and in violation of standing Department of Justice policy not to interfere in elections, US Attorney General Bill Barr authorizes federal prosecutors to investigate claims of electoral fraud.

Richard Pilger, the head of the DoJ’s Election Crimes Branch, resigns in response to Barr’s memo.

Trump fires Secretary of Defense Mark Esper. In response, Esper says, “Who’s going to come in behind me? It’s going to be a real ‘yes man.’ And then God help us.”

Trump immediately names Christopher Miller Acting Secretary of Defense.

Trump follows Esper’s firing with firing the Undersecretary of Defense for Policy, the Undersecretary of Defense for Intelligence, and the Chief of Staff to the Secretary of Defense, constituting a “near total decapitation of civilian leadership” at the Pentagon.

1. @SidneyPowell1, @LLinWood and any others who are digging into 2020 election fraud, you might want to look at Ryan Macias. He's the former acting director of the Federal Election Assistance Commission. He tested and certified Dominion systems, then profited from their failure.

Much of Twitter is misunderstanding Bruce Castor’s speech at Trump’s impeachment trial because much of Twitter is absolutely NOT Bruce Castor’s audience.

This man is on it. He knows he only needs to keep *over 1/3 with him. Then more so, he needs the American nation on his side.

Honestly, Twitter misunderstanding what Bruce Castor is doing right now is like Twitter misunderstanding how Brexit & Trump won back then

“Why fear the people who were smart enough to pick you?” (*Listen*)

And yes, ditto for David Schoen. He knows who his audience is.

And he’s on target.

Two different audiences
1) Castor: public opinion
2) Schoen: the law

Oooooh, he held up the Red book. OUCH 😖😆