I just looked for an update. Found one. They're asking for another hour because the dog ate their homework.
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.)
I just looked for an update. Found one. They're asking for another hour because the dog ate their homework.
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.
More from Mike Dunford
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.)
No, this is not a thing that will change the election. At all.
If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of
It looks like we have a new leader in the \u201ccraziest lawsuit filed to purportedly challenge the election\u201d category:
— Steve Vladeck (@steve_vladeck) December 8, 2020
The State of Texas is suing Pennsylvania, Georgia, Michigan, and Wisconsin *directly* in #SCOTUS.
(Spoiler alert: The Court is *never* going to hear this one.) pic.twitter.com/2L4GmdCB6I
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.
Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
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.
The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.
Can you game out where it would go it theoretically Trump did enact some EO demanding the impounding of voting machines? As that\u2019s clearly the game. Like he signs it, then what? Do marshals listen or refuse? Do states sue and get an emergency injunction and that\u2019s the end?
— Bryan Duva (@duva60) December 21, 2020
On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.
That's the easy part. Now for the nuttier side - the logistics.
More from Politics
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
https://t.co/vsTrS43Fft
#OTD 73 years ago, CIA was born after President Truman signed the National Security Act of 1947.
— CIA (@CIA) September 18, 2020
\xa0
Separated into five directorates, the Agency collects, analyze and disseminates intelligence to top U.S. officials.
\xa0
Learn more about today's #CIA: https://t.co/diMVOoC3jT pic.twitter.com/ljoTxBYbAc
https://t.co/rUTYg42PYH
War is being pushed upon us by 'news'
— Maria \u23f3 (@ml_1maria) April 21, 2018
Journalists are bribed to write pro-American and anti-Russian
Bribed to lie, betray, manipulate & push for war #CIA #propaganda
Dr Udo Ulfkottehttps://t.co/MsPh5vOwTW pic.twitter.com/Z5GVEzSKBd
https://t.co/1r0MbPv8wG
Former CIA agent and whistleblower Phillip Agee explains that the USA wages economic war against socialists nations because it is threatened by a successful example of an alternative economic system. 1/ pic.twitter.com/NUpdpxnYgw
— \U0001d482\U0001d48d\U0001d48a\U0001d484\U0001d48a\U0001d482 (@alicia_dl_1) July 23, 2020
War on democracy - installing US-puppet dictators in Latin America in order to control their economies
#Guatemala #Arbenz #RedScare
Propaganda, "harmless bombing" and a CIA terror campaign
CIA war on Nicaragua
CIA operation in Nicaragua
— Maria \u23f3 (@ml_1maria) July 19, 2020
Destabilisation program: rip apart the social and economic fabric - make the people suffer as much as you can, until the country plunges into chaos, until at some point you can step in and impose your choice of government on that country. pic.twitter.com/dlxoMZX6xw
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There is co-ordination across the far right in Ireland now to stir both left and right in the hopes of creating a race war. Think critically! Fascists see the tragic killing of #georgenkencho, the grief of his community and pending investigation as a flashpoint for action.
Across Telegram, Twitter and Facebook disinformation is being peddled on the back of these tragic events. From false photographs to the tactics ofwhite supremacy, the far right is clumsily trying to drive hate against minority groups and figureheads.
Be aware, the images the #farright are sharing in the hopes of starting a race war, are not of the SPAR employee that was punched. They\u2019re older photos of a Everton fan. Be aware of the information you\u2019re sharing and that it may be false. Always #factcheck #GeorgeNkencho pic.twitter.com/4c9w4CMk5h
— antifa.drone (@antifa_drone) December 31, 2020
Declan Ganley’s Burkean group and the incel wing of National Party (Gearóid Murphy, Mick O’Keeffe & Co.) as well as all the usuals are concerted in their efforts to demonstrate their white supremacist cred. The quiet parts are today being said out loud.
There is a concerted effort in far-right Telegram groups to try and incite violence on street by targetting people for racist online abuse following the killing of George Nkencho
— Mark Malone (@soundmigration) January 1, 2021
This follows on and is part of a misinformation campaign to polarise communities at this time.
The best thing you can do is challenge disinformation and report posts where engagement isn’t appropriate. Many of these are blatantly racist posts designed to drive recruitment to NP and other Nationalist groups. By all means protest but stay safe.