Election Litigation Update: DC - the "let's sue the Electoral College" case.
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
If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
Judge calling out the length of your filing by both page count and number of footnotes is very much the same energy as your mother using your full name, middle name included, at you. At volume.
Honestly, I don't know. They can, of course, run to the DC Circuit right now if they want - denial of injunctive relief is immediately appealable.
But that would be EXCEPTIONALLY stupid.
More from Mike Dunford
I've been trying to think that through - not just legally, but judicially.
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.
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.
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.
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.
Election Litigation Thread - Georgia:
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.
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
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.
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.
More from Politics
Ruben Verastigui is (allegedly) a horrifying pedo monster and has been on the digital teams for the @SenateGOP, National @GOP and the Trump campaign. I didn't want to talk about him, but I think it's important.
The allegations against RV are among the most horrifying I have read. It involves possessing and sharing images of rape of infants and plans to take action in the real world of that nature. I don't really recommend reading the details, but they are here.
These allegations were first brought to light by @jaredlholt who has an excellent thread. He warns people that they may want to avoid the end of the thread because it includes shots of the specific allegations. I make the same warning.
RV was a main stage speaker at the 2013 March For Life.
RV did a headshot for Ronna McDaniel, GOP Chairwoman
The allegations against RV are among the most horrifying I have read. It involves possessing and sharing images of rape of infants and plans to take action in the real world of that nature. I don't really recommend reading the details, but they are here.
These allegations were first brought to light by @jaredlholt who has an excellent thread. He warns people that they may want to avoid the end of the thread because it includes shots of the specific allegations. I make the same warning.
NEW: D.C. Police arrested Ruben Verastigui -- a former "senior digital strategist" for the Senate Republican Conference -- on charges of distribution of child pornography resulting from a time span that allegedly included his time at the SRC. How I confirmed ID in thread (1/?) pic.twitter.com/AcZ7c2sBKb
— Jared Holt (@jaredlholt) February 6, 2021
RV was a main stage speaker at the 2013 March For Life.
RV did a headshot for Ronna McDaniel, GOP Chairwoman
This is partly what makes it impossible to have a constructive conversation nowadays. The stubborn refusal to accept that opposition to Trumpism and GOP nationalism is about more than simply holding different beliefs about things in and of itself. 👇
It's fine for people to hold different beliefs. But that doesn't mean all beliefs deserve equal treatment or tolerance and it doesn't mean intolerance of some beliefs makes a person intolerant of every belief which they don't share.
So if I said I don't think Trumpism deserves to be tolerated because it's just a fresh 21st century coat of cheap paint on a failed, dangerous 20th century ideology (fascism) that doesn't mean I'm intolerant of all beliefs with which I disagree. You'd think this would be obvious.
Another important facet. People who support fascist movements tend to give what they think are valid reasons for supporting them. That doesn't mean anyone is obliged to tolerate fascism or accept their proffered excuse.
Say you joined a neighborhood group that sets up community gardens and does roadside beautification projects. All good, right? Say one day you're having a meeting and you notice the President and exec board of this group are saying some bizarre things about certain neighbors.
No, but you can\u2019t keep labeling half of the country Nazis just because their beliefs are different than yours. Trump has fucked this whole country up in a matter of a few years. No one can even have a constructive conversation without someone getting triggered
— Joshua Savoy (@JoshuaSavoy2) February 11, 2021
It's fine for people to hold different beliefs. But that doesn't mean all beliefs deserve equal treatment or tolerance and it doesn't mean intolerance of some beliefs makes a person intolerant of every belief which they don't share.
So if I said I don't think Trumpism deserves to be tolerated because it's just a fresh 21st century coat of cheap paint on a failed, dangerous 20th century ideology (fascism) that doesn't mean I'm intolerant of all beliefs with which I disagree. You'd think this would be obvious.
Another important facet. People who support fascist movements tend to give what they think are valid reasons for supporting them. That doesn't mean anyone is obliged to tolerate fascism or accept their proffered excuse.
Just because some of the politicians act that way doesn\u2019t mean the whole party are Nazis. Some Republicans just vote that way because of abortion. You can\u2019t keep calling all of them Nazis and expect them to just start listening to your points.
— Joshua Savoy (@JoshuaSavoy2) February 11, 2021
Say you joined a neighborhood group that sets up community gardens and does roadside beautification projects. All good, right? Say one day you're having a meeting and you notice the President and exec board of this group are saying some bizarre things about certain neighbors.
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Oh my Goodness!!!
I might have a panic attack due to excitement!!
Read this thread to the end...I just had an epiphany and my mind is blown. Actually, more than blown. More like OBLITERATED! This is the thing! This is the thing that will blow the entire thing out of the water!
Has this man been concealing his true identity?
Is this man a supposed 'dead' Seal Team Six soldier?
Witness protection to be kept safe until the right moment when all will be revealed?!
Who ELSE is alive that may have faked their death/gone into witness protection?
Were "golden tickets" inside the envelopes??
Are these "golden tickets" going to lead to their ultimate undoing?
Review crumbs on the board re: 'gold'.
#SEALTeam6 Trump re-tweeted this.
I might have a panic attack due to excitement!!
Read this thread to the end...I just had an epiphany and my mind is blown. Actually, more than blown. More like OBLITERATED! This is the thing! This is the thing that will blow the entire thing out of the water!
Tik Tok pic.twitter.com/8X3oMxvncP
— Scotty Mar10 (@Allenma15086871) December 29, 2020
Has this man been concealing his true identity?
Is this man a supposed 'dead' Seal Team Six soldier?
Witness protection to be kept safe until the right moment when all will be revealed?!
Who ELSE is alive that may have faked their death/gone into witness protection?
Were "golden tickets" inside the envelopes??
Are these "golden tickets" going to lead to their ultimate undoing?
Review crumbs on the board re: 'gold'.
#SEALTeam6 Trump re-tweeted this.
To people who are under the impression that you can get rich quickly by working on an app, here are the stats for https://t.co/az8F12pf02
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I'm still happy that I launched a paid app bcs it involved extra work:
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These things seemed super scary at first. I always thought it was way too much work and something would break. But I'm glad I persisted. So far the only problem I have is that mailgun is not delivering the license keys to certain domains like https://t.co/6Bqn0FUYXo etc. 👌
omg I just realized that me . com is an Apple domain, of course something wouldn't work with these dicks
📈 ~12000 vistis
☑️ 109 transactions
💰 353€ profit (285 after tax)
I have spent 1.5 months on this app. You can make more $ in 2 days.
🤷♂️
I'm still happy that I launched a paid app bcs it involved extra work:
- backend for processing payments (+ permissions, webhooks, etc)
- integration with payment processor
- UI for license activation in Electron
- machine activation limit
- autoupdates
- mailgun emails
etc.
These things seemed super scary at first. I always thought it was way too much work and something would break. But I'm glad I persisted. So far the only problem I have is that mailgun is not delivering the license keys to certain domains like https://t.co/6Bqn0FUYXo etc. 👌
omg I just realized that me . com is an Apple domain, of course something wouldn't work with these dicks
