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 close.

https://t.co/Po8mcrENnz
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.
Let's run through the 5 W's and the H.

1: Who? Who does the seizing. Where do the needed people come from? This is not a small undertaking. Even if we're just talking Dominion, that's tens of thousands of machines spread out over hundreds of jurisdictions.
Who takes on that job? The US Marshals are not a large organization. The nuts already think the FBI is part of the Deep State. The armed forces can't easily be used for such tasks, given constitutional restrictions on domestic use (and are unwilling to follow unlawful orders).
2: What? In addition to the obvious "wait wut," there's also the "what gets seized" question. As I said, there are literally tens of thousands of machines out there.
3: When? This is the week before Christmas - it is much harder than normal to get anything done. That's not a small matter. And by the time the holidays are done, there are a very small number of days left before Congress certifies the EC results.
4: Why? This is a question that judges WILL ask - and they'll ask this question whether this is happening under an Executive Order or as a special counsel (I'll get to that issue at the end.)
You can rest assured that the bigger and less precedented the demand, the more actual evidence courts are going to want to see.
5: Where? (Yeah, I got that out of order.)

Where are they going to put everything, for starters. You're talking about warehouses worth of electronics, all of which needs to be stored carefully and safely. Where are they going to do - whatever it is they're going to do?
6: How?
6a: How are they going to pay for this? From what money?
6b: How are they actually going to figure out the answers to the other 5 questions when they're running with Lin, Sidney, MyPillow and Overstock - when this is too nuts for even Rudy?
That's the EO take. The "make Sidney Powell a special counsel" is a bit trickier. To be honest, that might be a thing he can do. He may have to fire his way down the Department of Justice a bit until he finds someone willing, and that might take a bit, but it could happen.
But even there, the logistical issues all remain. And the legal ones don't evaporate. Even the most rubber-stampy of magistrates is likely to hesitate before OKing a massive grab of voting machines, and, again, affected jurisdictions will have legal recourse to challenge things.
But let's say that it happens. Now we're at the underpants gnomes bit.
1: Make Sidney Powell a special counsel.
2: ????
3: Trump stays President.
Seriously, what goes in step 2? What's the grand plan?

And the answer is, of course, that there isn't one. They really aren't thinking things through. There's nothing I can see that remotely plausibly connects those two steps.
What this whole thing produces is a more chaotic and unhinged end to our most chaotic and unhinged Presidency, but that's all I can see coming out of this.

More from Mike Dunford

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.


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.

More from Society

A long thread on how an obsessive & violent antisemite & Holocaust denier has been embraced by the international “community of the good.”

Sarah Wilkinson has a history of Holocaust denial & anti-Jewish hatred dating back (in documented examples) to around 2015.


She is a self-proclaimed British activist for “Palestinian rights” but is more accurately a far Left neo-Nazi. Her son shares the same characteristics of violence, racism & Holocaust denial.

I first documented Sarah Wilkinson’s Holocaust denial back in July 2016. I believe I was the 1st person to do so.

Since then she has produced a long trail of written hate and abuse. See here for a good summary.


Wilkinson has recently been publicly celebrated by @XRebellionUK over her latest violent action against a Jewish owned business. Despite many people calling XR’s attention to her history, XR have chosen to remain in alliance with this neo-Nazi.

Former Labour Shadow Chancellor John McDonnell MP is among those who also chose to stand with Wilkinson via a tweet.

But McDonnell is not alone.

Neo-Nazi Sarah Wilkinson is supported and encouraged by thousands of those on the Left who consider themselves “anti-racists”.
Two things can be true at once:
1. There is an issue with hostility some academics have faced on some issues
2. Another academic who himself uses threats of legal action to bully colleagues into silence is not a good faith champion of the free speech cause


I have kept quiet about Matthew's recent outpourings on here but as my estwhile co-author has now seen fit to portray me as an enabler of oppression I think I have a right to reply. So I will.

I consider Matthew to be a colleague and a friend, and we had a longstanding agreement not to engage in disputes on twitter. I disagree with much in the article @UOzkirimli wrote on his research in @openDemocracy but I strongly support his right to express such critical views

I therefore find it outrageous that Matthew saw fit to bully @openDemocracy with legal threats, seeking it seems to stifle criticism of his own work. Such behaviour is simply wrong, and completely inconsistent with an academic commitment to free speech.

I am not embroiling myself in the various other cases Matt lists because, unlike him, I think attention to the detail matters and I don't have time to research each of these cases in detail.

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