BC POLITICS
Saved by @Mollyycolllinss

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 there.

https://t.co/097srhcwmd
(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.)
The birther racism was bad enough. But it also delegitimized Obama and contributed to the idea that Democrats only win by cheating - which is what got us to today.

Part of the reason for this, I think, is that people didn't pay enough attention to what the birthers were doing.
They were dismissed as a joke, but they were taking themselves seriously to (and beyond) the end of the Obama years - and they were doing so in the precursors to 8kun and Q.

I think dismissing these neo-birthers in the same way would be a bad mistake.
I don't plan to make that mistake. I'm going to keep watching, and trying to figure out what else I can do to combat the harm they cause.

With that in mind, let's turn to the complaint.
The complaint is filed on behalf of two organizations which may or may not be incorporated (we'll see in a bit; I haven't looked), one named individual, and 4 people who have the courage to demand to challenge the whole country's election pseudonymously.
They are represented by two lawyers. One is presently practicing law on his own after being dumped from his job after being identified as one of the livestreamers at the seditious riot of 6 Jan. The other is a failed Republican political candidate.
You are supposed to catch attention with headings, and credit where due this kind of does do this. Maybe not in a great way, but it does it.
The first paragraph is a thing. I don't have another word for it, really. It's a strange strange paragraph.
Also, this is one GEM of a footnote.

I mean, it's right. But it's not exactly -- I don't know what the hell it's trying to do.
My bad. Thanks for the reminder.

https://t.co/YlB9RwZSfg

https://t.co/XVM6S77hS2
This is a new theory. And when we say "new theory" in this context, we should be clear about what that means:

It means that this is so bonkers that even Ellis, Giuliani, Powell, Wood, and Eastman could not - not even by focusing their combined venial incompetence - think of it.
So the legal theory here seems to be that votes which aren't HAVA-compliant are not legal votes. This is consistent with the developing Republican orthodoxy in this area - which claims that the government can deprive you of your vote if they mess up election procedures.
Seeing this sentence, I'm genuinely surprised that they're not alleging Popehat's least favorite claim.
*reads next paragraph*
This is just - oh my.

They have really taken the bananapants clownshoes to a whole new level. The entire 117th Congress - apparently including those who were seated in the Senate in prior years - needs to be thrown out. Not just POTUS.
This is, needless to say, not going to happen.
Hasn't HAVA been around for like nearly 20 years or something? How the hell could this be the first year there was an issue?

(Also laches but let's not get too far ahead of ourselves.)
BRB got tea in my nose.
"The only conceivable remedy is...for the Court to order the 50 states to conduct a new federal election that conforms to the minimum standards of HAVA."

That's an inconceivable remedy. And, yes, Inigo. I know what inconceivable means.
I'm cracking up with every paragraph. Just every last one.

We've apparently hit "if literally every last federal official except Trump is illegitimate maybe Trump can stay President."

WHICH IS STILL WRONG.
If there's no new President or VP, and no Speaker, and no President Pro Tem of the Senate, then Mike Pompeo, racist escapee from a pufferfish imitation club though he may be, would presumably become President provided his resignation was not yet effective.
"...this Court should rest assured that [literally yeeting the entire Congress] will not result in the destruction of democracy."
OK. This is something I feel like a lot of Trumpian MAGAts need to hear:

"Consent of the governed" does not mean anyone gives a damn whether you personally consent to any specific officeholder.
When I think "simple enough for a 3rd grader" I generally don't think of 8-point explanations resting on volumes of evidence, but maybe that's just me.
OK. So as to point 4, anyone who is talking about enforceable contracts in this context is one very short step away from rolling around the courtroom floor gibbering about fringy flags and screaming incoherently about joinder while being repeatedly tased.
Beyond that, the "self-evident" in point seven is doing a metric fuckton and a half of work in this argument.

But it's a great example for "if you say it is, it ain't."
Also, what the hell - do these pangalactic garglebrains not understand that Senators serve for 6 years and nearly 2/3 of the Senate wasn't elected on the ballots they claim were illegal?
This person shares a name with one of the nitwits who got arrested for driving up to Philly during the vote count with a bunch of weapons. But that person apparently lives in Virginia Beach, so dunno.
I have no idea whether either of the two "political organizations" have the capacity to sue.
Not sure why they're using a pseudonym for JB and yet providing this much detail.
There are a lot of defendants. Although a TRO is being sought, the plaintiffs have apparently not requested that summonses issue as to ANY defendant.

Also: citing "https://t.co/LsPDjUepwD" instead of actually bothering to list all your defendants is an interesting choice.
ARRRRRGHHHHHHHHHHH - these people are soooo bloody bloody stupid what the everlovingmotherfuck
For the nonlawyers:
In order for the court to have diversity jurisdiction, NONE of the plaintiffs can be from the same state as ANY of the defendants.

They are suing EVERYONE in the 117th Congress and all 50 governors.

Do you see their problem?
I mean, OK, I can't totally fukking rule out the possibility of complete diversity. It's possible that these transcendental nincompoops are literally, as well as figuratively, domiciled somewhere beyond the second star to the right.

But it's pretty damn unlikely, now, innit?
This personal jurisdiction section is funny, but it's funny to lawyers in a way that's going to take too long to explain. Also, @AkivaMCohen said it's his favorite and I don't want to steal his thunder.
And - whoops! - so much for the lunar domicile theory of diversity jurisdiction. They just said that some of the plaintiffs live in the same district as some of the defendants.
Neither, actually. They meant "haled into court." https://t.co/FDCB93UUs9
Not a lot of facts really being stated. And the whole "not stating the specific sections of the law that we think were violated" thing is also an interesting choice when they want preliminary relief.
Or maybe I spoke too soon.

Except, no, they don't seem to be bothering to explain how any of these changes fail to comply with HAVA.
I'm going to scroll through the 50 states relatively quick. I'll stop and do a screenshot if anything seems noteworthy enough.
Seriously, I think they're just doing copypasta from some memo someone did, because why the hell am I reading about a court decision that resulted in election rules not being changed?
Wait wut??

You're suing Colorado because they made changes except you say they made no changes? Are you on crack? Did you fall down and hit your head on something? What the hell is going on here? Give me a reason for this. Something. Anything. COME ON!
GUAM?? GUAM????

What the hell? They have no electoral votes, no voting member in Congress, AND YOU AREN'T SUING THEM YOU COMPLETE BUMBLEFUCKING BANANAPANTS BUFFOONS.
OK, we're up to 3 states now being sued who according to the plaintiffs did not do anything wrong.
5 with no changes.

This is not the "reasonable inquiry" Rule 11 requires.
6 with no changes.
Ohjustkillmenow
LMFAO - SUCH AS???

I mean that's not exactly unimportant, now, is it???
OK. Now y'all just messing with me. Really.
And what in the name of the ichor god Bel-Shamharoth is this ratfuckery even? Every other change anyone made violated HAVA *except* Texas? GTFO.
Another no-change state. I think it's 7 now but I'm not going to waste the time looking back upthread to confirm that.
And one last no-change state. These people should not be trusted around objects.
Why are you only suing the members of the 116th Congress who won reelection if you're complaining about this.
Does it count as alleging that the defendants Did Teh RICO if you chicken out and don't add the cause of action?
*double checks* - yup. No RICO claim.

This plus the Hagar thing is starting to give me the same feeling I get when I'm grading a paper where the student changed topics mid-paper without realizing it because hey stream of semiconsciousness always works, right?
Does anyone but Zuckerberg qualify? Were they planning on suing about eleventyjillion more people?

Don't answer that.
They were soooo going to try and sue for Teh RICO and then chickened out.
There is no named plaintiff J. James in this case. There is, however, someone with the initials J.J.
WHATTHEHELLISTHISEVEN???

Competence, motherfukkers, do you know what that is??
I get the sense that they might not know how RAM works. Or what it is.
And always a good choice to make the Court read more on a case like this. Especially vaguely titled and poorly described exhibits.
OFFS. Learn to write you semiliterate seditionist pussbuckets.
And here are the other claims that they fail to state.

As far as I can tell, they are claiming that they were deprived of their right to vote and therefore the entire election of Congress should be overturned because....

Yeah, I'm just kidding. I've got no clue what they claim.
You want to invalidate the entire 117th Congress by having a court issue an ex parte TRO?

No, seriously, what do you want?
Because there's no way you could seriously ask a court to issue ex parte relief doing that....

But they are.

*sigh*
They're "calling on the courage of this court." Yeah, that always works. Great heading there. Really.

You crappants clown.
Also: subject-verb agreement. It's a thing. It might not be a thing in this pleading, except perhaps by accident, but it really is a thing.
Fuck you, you seditionist little shitbirds. The fuck your plea is made on my behalf.
Oh my god they included a footnote defining "Founding Fathers" becuase how the hell else would we know who they are referring to in this insane screed.
Oh, they're worrying about the political question doctrine. That's so cute. It's like worrying about an ingrown eyebrow hair when you're the Black Knight post-Arthur.
Wow. Sense of self-importance much?
So they address political question but not really - they just say it should be ignored. Which it will be - there are too many other reasons to dismiss this steaming turdmountain for the court to get that far.
1: Sentences end with periods.
2: Undersigned counsels' don't know very much. There was an evidentiary hearing in Wisconsin. The parties simply avoided witnesses in that case by agreeing to a set of stipulated facts during a recess in that hearing.
You're filing the lawsuit less than 48 hours from inauguration and you are claiming that laches doesn't apply because the plaintiffs didn't lawyer up sooner?

That ain't how laches work, y'all. Not even close.
Oh, just gag me with a sp--- no, better yet, gag them.
"If investors come to view their investments in assets held in the United States as inherently unstable...that would have a devastating effect on the Plaintiff's ability to plan for retirement by investing" is my new favorite worst irreparable harm argument ever.
Not only does it use up so much nocturnal flying mammal excrement that it threatens the global guano supply, it doesn't even work. That's a financial harm claim - it's fixable with money and therefore not irreparable.
Also -
You think a court yeeting the Congress and Presidency would be viewed by investors as *improving stability*???
No.
No. No. No.

This isn't real.
There's a *gold standard* argument for irreparable harm???

This can't be real.
"Y'all might have the memory of a lobotomized goldfish, counsel, but I read the complaint. You said that you weren't sure if Texas violated HAVA."
Also, I'm still trying to wrap my mind around "failure to comply with HAVA renders every ballot cast in the election invalid."
It always ends well when lawyers try to argue entire key elements with single sentences. This is particularly true when the sentences start with "it is self-evident that."
You want the TRO to be entered without notice? WHAT are you smoking and no I don't want any.

Also, RICO!
How much bond would be appropriate for a TRO that destroys the very fabric of the nation?
Oh, cool. Now we get to the fun stuff.

The requests.
LOL. No.
LOL. Hell no.
We knew Davis was involved in the Capitol sedition because of the whole getting fired thing, but was Kellye SoRelle on anyone's radar for this? Or did she just out herself as a participant?

Also, no, the court isn't going to save your ass.
1: That's not how it would work.
2: Also, no, seriously, how do you think that would even work?
Seriously, in just One Day More - not even - Trump will no longer be a lawfully and constitutionally remaining federal public official. So how would this work?
And, no, the courts are not going to "forever restrain[]" all 50 Governors, all 50 Secretaries of State, and all the Congresscritters of the nation from future office.
And where's the unicorn? Why are they not requesting a unicorn? It would be such a reasonable request compared with the rest.
Oh, and yeah, the signature block is just beautiful. Legendary, even.
Thoughts:
1: There's also, lord have mercy, a motion for TRO. I'll look at that tonight.
2:
Seriously, I barely scratched the surface on this one. This is the product of flop sweat, panic, and time that would better have been spent by these lawyers putting their affairs in order in preparation for arrest.

/fin

More from Mike Dunford

Mike Dunford
Mike Dunford
@questauthority
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.

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


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.
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Mike Dunford
Mike Dunford
@questauthority
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.
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Mike Dunford
Mike Dunford
@questauthority
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.


And, sure enough, still no proof of service on ANY defendant, still no appearance from defense counsel. And this is denying the motion for preliminary injunction but does NOT dismiss the case - which is potentially ominous for plaintiff's counsel.


This isn't a "happy judge" kind of first paragraph. Not even a little bit. Nope.


Y'all, this isn't even directed within a few hundred miles of my direction and I sill just instinctively checked to make sure that there's room for me to hide under my desk if I have to - this is a very not happy, very federal, very judge tone.


Also - the judge just outright said there's a bunch of reasons for dismissal. And not in "might be" terms. In definite fact ones. But the case isn't dismissed yet.

If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
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Mike Dunford
Mike Dunford
@questauthority
Nonlawyer Explainer Thread: On Keeping One's Mouth Shut

It occurs to me that certain private-jet-flying seditionists who continue to yammer on Twitter about their DC excursions provide us with the opportunity to do a little hypo to explore the benefits of silence.

So let's explore what a hypothetical law enforcement interview *might* look like in this situation. I'm not - I want to make clear - drawing from experience as a lawyer here.

I AM NOT A CRIMINAL LAW ATTORNEY.

Instead, I'm mostly drawing from discussions with my father-in-law.

My father in law is a now-retired homicide cop, and we've had a lot of discussions (especially since I started law school) about criminals and interviews over the years.

So with that in mind, let's look at this hypo.

ALSO - Simplifying for Twitter character counts.

*Knock*
*Door opens*
Agent: Ms [Name]? I'm Agent Smith, and this is Agent Jones. We're with Agency. We'd like to talk to you if you've got a minute.

Ms X: Oh? Is this about that thing at the Capitol?

[Yes, it seems insane but if you're worried about something specific and the cops show up, blurting out something like that is totally a thing that can happen.]
FOR LATER READ
Mike Dunford
Mike Dunford
@questauthority
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.


As far as I can tell from the docket, this is the FOURTH attempt in a week to get a TRO; the question the judge will ask if they ever figure out how to get the judge's attention will be "couldn't you have served by now;" and this whole thing is a

The memorandum in support of this one is 9 pages, and should go pretty quick.

But they still haven't figured out widow/orphan issues.

https://t.co/l7EDatDudy


It appears that the opening of this particular filing is going to proceed on the theme of "we are big mad at @SollenbergerRC" which is totally something relevant when you are asking a District Court to temporarily annihilate the US Government on an ex parte basis.


Also, if they didn't want their case to be known as "in re Gondor" they really shouldn't have gone with the (non-literary) "Gondor has no king" quote.
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Met a Brazilian-American Lyft driver from San Diego who passionately attacked the racism of Republicans, then switched to passionately defending Bolsonaro.

If I were Thomas Friedman, I could tell you what this means.

Met a Haitian-American in a restaurant who said he'd always vote for Democrats because of the immigration issue, but that he has conservative beliefs too. "I don't want to pay for someone's abortion!", he declared.

Met a Latino Lyft driver from San Jose who said that while he was liberal, California was getting too liberal for him and he was considering moving to San Antonio.

Again, not being Tom Friedman, I am unable to offer any commentary on the political and policy implications of these conversations.

I guess my only thought is that political opinions are pretty complex and multidimensional, out there in the real world.

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Cancel the Dementiacrats - Stu Cvrk
Cancel the Dementiacra...
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Thread – The Buffoon in the White House (Irony)

1. A pal passed this to me the other day, and I saved it for today. The author is unknown (at least to me), but this has been posted on a number of blogs. An excellent read!
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Annika Brockschmidt
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@ardenthistorian
Here we go. Tag 4 des Impeachments. Trumps Verteidigung.


Es wird argumentiert, dass Trump nur habe sicherstellen wollen, dass die Wahl fair abgelaufen sei. Die Verteidigung zeigt Clips einzelner Demokraten, die der Zertifizierung von Trumps Stimmen 2016 widersprechen. (Dass es 2016 keinen von Obama gesandten Mob aufs Kapitol gab?Egal!)

Die intellektuelle Unehrlichkeit ist so unfassbar, ich weiß kaum, wo ich hier überhaupt anfangen soll; so viele fucking Strohmänner auf einmal.

Die Verteidigung spielt random Clips, in denen Demokraten “fight” sagen, fast zehn Minuten lang. Weil Trump 20mal am 6. Januar “fight” gesagt hat. Dies ist kein Witz. Komisch, dass sonst die Folge nie war, dass ein Mob das Kapitol gestürmt hat und Pence hängen wollte


“Dieser Fall geht um politischen Hass” Ich mein, ja. “Die House Managers hassen Donald Trump.”

So close.
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JEN KIRKMAN \U0001f469\U0001f3fb\u200d\U0001f4bb
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1. For people mad at Dems. Can we try to understand how politics (not justice) works? Here are some things: the Dems simply wanted the phone call information to be added to the record. They threatened to call witnesses as a negotiation tactic - thus getting the Republicans to

2. do what the Dems originally wanted - enter the phone call on the record. If witnesses were called - the trial would have gone on for weeks - in the middle of a pandemic when relief HAS to be sent out now. And Merrick Garland has to be confirmed so the DOJ can get to work.

3. However, I WANT WITNESSES CALLED. I want them to have such explosive testimony that the whole world once again knows what it knows - that Trump is guilty. I want more Republican Senators to change their mind and vote to convict. The problem is? We would NEVER GET 17 to do so.

4. It fucking SUCKS. It SUCKS that the Democrats can't just call witnesses and make the Republican Senators appear to the world even more cowardly than they were - hearing that testimony and STILL voting to acquit. BUT that's the fantasy version where the media doesn't once again

5. start blaming Dems during this fantasy-witness-calling-trial for not getting Covid relief out, etc. The issue here is that NO MATTER WHAT - if Trump himself with Jesus back from the dead as his witness says, "I did it" the Republicans will acquit. The issue is that the GOP
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1/ Someone emailed me asking how to break into VC, so I wanted to answer on Twitter where others could see and contribute to the conversation.

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I wish I had this... — don't excuse yourself. Forget about what you can't and focus on what you can.
Stop comparing yourself to others, come from the point of what you have, know and have: "I can... so I will do..!" #MyMindset


BTW this was an update of one of the previous tweets. And I'm continuing this thread today!


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#keralatemples

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2 - touch the percentage% gain change ( and u can see higest gainer of today)


3. Then, start with 6% gainer to 20% gainer and look charts of everyone in daily Timeframe . (For fno selection u can choose 1% to 4% )

4. Then manually select the stocks which are going to give all time high BO or 52 high BO or already given.

5. U can also select those stocks which are going to give range breakout or already given range BO

6 . If in 15 min chart📊 any stock sustaing near BO zone or after BO then select it on your watchlist

7 . Now next day if any stock show momentum u can take trade in it with RM

This looks very easy & simple but,

U will amazed to see it's result if you follow proper risk management.

I did 4x my capital by trading in only momentum stocks.

I will keep sharing such learning thread 🧵 for you 🙏💞🙏

Keep learning / keep sharing 🙏
@AdityaTodmal
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