BC POLITICS

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Mike Dunford
@questauthority 5 years, 6 months ago 879 views

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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.

Seriously. They're trying to intervene in an official capacity they don't have because what are false statements to the court, amirite?

And they're claiming to have the "permission and endorsement of the Michigan Legislature" even though these are the buffoons who weren't even allowed into the actual building and had to stage their pathetic land of make-believe electorishing thingy in the parking lot.

(In fairness, I should note that they couldn't even get all of the craniorectally inverted wannabe seditionists that participated in the initial cosplay event to sign onto this. In fact, they got only 5 of the 16.

Anyway, I've skimmed the proposed complaint. It was submitted by people who are in exactly the same position as the Arizona fools who filed the case in the first instance, have exactly the same claim to standing (ie none), attempts to add no new claim, and makes no new argument.

It was also submitted after the deadline for responses from the defendants.

It's a non-entity. It's a filing from some people who felt left out of the last-gasp treasonweaseling and want to play too, is all. Not worth going through in depth.

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Mike Dunford
@questauthority

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.

Mike Dunford
@questauthority

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
@questauthority

I went over the dismissal on my stream, but a few thoughts on where things are at:

1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.

And the appeal has been noticed. pic.twitter.com/o4g4ES1wrU
— Kyle Cheney (@kyledcheney) January 2, 2021

3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.

5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.

7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.

So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.

Mike Dunford
@questauthority

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.

Mike Dunford
@questauthority

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.

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Mike Dunford
@questauthority

Election Litigation Update - Gohmert.

Reply brief is in. Let's have a look. They are, mercifully, underlength. They had 50 pages available, the PDF is 43 and some of that is cover page, signatures,

Interesting table of contents. Looks like they're packing a lot in, until you realize that much of the material that's important - like their response to the "you sued the wrong person" material and "injury in fact" take up very little space.

Looks like they decided to skip the table of authorities. Presumably GoogleDocWord ate it too bad for them to fix. This will certainly further endear them to the judge.

This is going to be interesting - leading off a reply brief with a "here's what our cause is about" is certainly a strategy. It's even a bold strategy.

Shall we dig deeper, Cotton?

"We live in a democratic republic in which the Vice President, who will more often than not be a candidate in the election, has the sole and unchallengeable power to decide who wins the election" is a hellofa take.

John Hayward
@Doc_0

Funny, before the election I recall lefties muttering the caravan must have been a Trump setup because it made the open borders crowd look so bad. Why would the pro-migrant crowd engineer a crisis that played into Trump's hands? THIS is why. THESE are the "optics" they wanted.

Funny there are those who think these migrant caravans were a FANTASTIC idea that's going to take the immigration issue away from you.

Like several weeks watching a rampaging horde storm the fences & throw rocks at our border patrol agents & getting gassed = great optics!
— Brian Cates (@drawandstrike) November 26, 2018

This media manipulation effort was inspired by the success of the "kids in cages" freakout, a 100% Stalinist propaganda drive that required people to forget about Obama putting migrant children in cells. It worked, so now they want pics of Trump "gassing children on the border."

There's a heavy air of Pallywood around the whole thing as well. If the Palestinians can stage huge theatrical performances of victimhood with the willing cooperation of Western media, why shouldn't the migrant caravan organizers expect the same?

It's business as usual for Anarchy, Inc. - the worldwide shredding of national sovereignty to increase the power of transnational organizations and left-wing ideology. Many in the media are true believers. Others just cannot resist the narrative of "change" and "social justice."

The product sold by Anarchy, Inc. is victimhood. It always boils down to the same formula: once the existing order can be painted as oppressors and children as their victims, chaos wins and order loses. Look at the lefties shrieking in unison about "Trump gassing children" today.

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@TheWiseOwl_AZ

1. Juan O’Savin for verifying this. “Plane crashes are targeted kills.”

Here is a brief summary for those who may not be familiar with Kennedy History:

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1. "They're leaving! They're leaving!"" yell seditionist as they watch House members fleeing the floor through the glass doors the only thing (+ some under-armed officers + office furniture" that protected our elected REPs (same ballot as Trump, each & everyone

@McConnellPress

2. of them felt so inclined towards martyrdom and/or possessed the weapons (Jesus, what if they'd has a grenade & guess what, in America, yes, you can come up w functional equivalents of that bc barring people from them is a betrayal of freedom so great we must simply acquiesce

3. their eventual death tolls. One functional "freedom grenade" down that hallway, tossed w ease through a hole in the glass door, could have easily hit anyone fleeing.Unless it was Mo Brooks, MTG, or one of their well-known crazy boosters, here's a thing @LeaderMcConnell ought

4. to reflect upon as he makes his CRITCAL pivot decision, which he could rally 17 people & start a fight for control of the party that rest of the country will help him with,EVEN AFTER ALL THE SHIT HE'S DONE TO PEOPLE, YES, THE REST OF THE COUNTRY WOULD HELP HIM IF HE WAS TO

5. RALLY 17 SENATORS FOR IMPEACHMENT, he'd find his whole 🌎awakened. And Mitch, as far as I understand it, you could do it anonymously!! How much would THAT fuck w them?? How great would it be, for the 1st time in 5 yrs, to be the one w power- you LOVE power! Think of the FUN!

Jeff Cortese
@jeffreycortese

1/9 Impeachment fun fact: sitting Congressman #AlceeHastings, participating in current #impeachment, was himself impeached. He was fed judge convicted on 8 articles related to bribery/lying under oath. 4-years later, he was in #Congress. Following is from

2/9 “In 1981, a fed grand jury indicted Judge Hastings along with his friend William Borders, a D.C. lawyer. Hastings was charged with conspiracy/obstruction of justice for soliciting a $150,000 bribe in return for reducing the sentences of two mob-connected felons.” #corruption

3/9 “A year after Borders was convicted, the result of an FBI sting, Hastings's case came before the criminal court. Despite Borders’ conviction, and the fact that Hastings had indeed reduced the sentences of the two felons, he was acquitted...and returned to his judicial post.”

4/9 “Subsequently, suspicions arose that Hastings had lied and falsified evidence during the trial in order to obtain an acquittal. A special committee of the 11th Circuit Court of Appeals began a new probe into the Hastings case.”

5/9 “The resulting three-year investigation ended with the panel concluding that Hastings did indeed commit perjury, tamper with evidence, and conspire to gain financially by accepting bribes. The panel recommended further action to the U.S. Judicial Conference...”

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foone
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It is 2018 and this error message is a mistake from 1974.
This limitation, which is still found in the very latest Windows 10, dates back to BEFORE STAR WARS. This bug is as old as Watergate.

When this was developed, nothing had UPC codes yet because they'd just been invented.
Back when this mistake was made, There was only one Phone Company, because they hadn't been broken up yet. Ted Bundy was still on the loose. Babe Ruth's home run record was about to fall.

When this bug was developed, Wheel of Fortune hadn't yet aired. No one had seen Rocky Horror. Steven Spielberg was still a little-known directory of TV films and one box-office disappointment. SNL hadn't aired yet. The Edmund Fitzgerald was still hauling iron ore.

WHEN THIS STUPID MISFEATURE WAS INVENTED, THE GODFATHER PART II HAD JUST OPENED IN THEATERS.

So, why does this happen? So Unix (which was only 5 years old at this point) had the good idea of "everything is a file" which mean you could do things like write to sockets, pipes, the console, etc with the same commands and instructions.