This just in:
Judge dismissed Sydney Powell’s nutso case WITHOUT even taking a break after arguments. Ouch! :-)
I’ll keep updating/filling in.
Judge not even taking a break - just granted both motions to dismiss from the bench.
(I forgot to add — apologies in advance that my “links” to the tweets are faulty — my old, old desktop apparently won’t embed, won’t even cut and paste without a 6-step process!! I’ll try to get actual links to the start of threads, as soon as the “breaking” part is past).
More, from Twitter lawyers and reporters:
Powell talks about Rule of Law.Judge says basically "Rule of Law" is why you've got a problem with bringing this case in this court. And that state courts should be the ones.
@KlasfeldReports
15m
Powell recites an alphabet soup of conspiracy theories that defy live-tweeting
@KlasfeldReports
Ga.'s attorney Carey Miller notes that Lin Wood and Sidney Powell chose a made-up "relief" sought, even if they had grounds: "The relief sought is not to declare someone else a winner. It's to have another election."
Still more (I’m waiting on actual news articles; relying on Twitter live tweeting)
BREAKING: A federal judge in Georgia DISMISSES the Kraken case there, just as a colleague did in Michigan this morning.
"The relief that the plaintiffs seek, this court cannot grant."Judge Batten calls their bid "the most extraordinary relief every sought in a court in an election."
Judge Batten said "even if he accepted" the conspiracy theories as true, he must dismiss.Allowing it to stand would be "judicial activism," he says.
Also, from the Washington Post’s live updates:
Georgia to recertify its results after third count shows Biden the winner over Trump
So it seems Georgia is pretty much settled… thank goodness for judges who care about the law!!
Monday, Dec 7, 2020 · 4:17:29 PM +00:00 · CathyM
This bit extra from the Democratic team (bolding mine):
BREAKING: Georgia federal judge DISMISSES Kraken conspiracy case from the bench.
Rulings from the bench in federal court are rare. A strong message the judge thought it was clearly meritless. Trump and his allies are now 1-48 in post-election litigation.
Monday, Dec 7, 2020 · 4:25:53 PM +00:00 · CathyM
This is a background to the court cases:
www.nbcnews.com/…
What is 'safe harbor day' and why it's bad news for Trump
WASHINGTON — States that haven't yet certified the votes for president or that face legal challenges are rushing to resolve any remaining disputes by Tuesday, known as safe harbor day.
Under federal law, Congress must count the electoral votes from states that act by Dec. 8 to choose their presidential electors — the people who meet next week in each state to cast the actual votes for president — and to resolve any remaining legal disputes over the choice.
This is one reason there might be more court decisions handed down today and tomorrow.
Monday, Dec 7, 2020 · 4:28:23 PM +00:00 · CathyM
Not being a lawyer, I’m following many of them, to understand why these cases matter or don’t. This is a reassuring thread from a good lawyer:
1) SCOTUS cannot reverse a state supreme court on an issue of state law. The argument is that under PA state law, laches can't bar consideration of a constitutional challenge under the PA constitution. That's a pure question of state law. SCOTUS has no say
2) Separately from that, he's wrong about what the precedent was. Even under Stilip, laches wouldn't bar a challenge to applying the law *going forward* but it absolutely would bar a challenge to election results from elections *already held* under the challenged law.
Monday, Dec 7, 2020 · 4:33:46 PM +00:00 · CathyM
Okay, the major media’s starting to comment:
Dateline, REALITY:A federal judge in Michigan today denied Sidney Powell’s effort to undo the certification of Biden as the winner and rejected every aspect of the case. Judge Linda Parker said the allegations of fraud were based on “nothing but speculation and conjecture.”
Monday, Dec 7, 2020 · 4:37:59 PM +00:00 · CathyM
Okay… WAPO has story now:
www.washingtonpost.com/…
Federal judge dismisses lawsuit by Trump allies to decertify Georgia results
By Michelle Lee
A U.S. District Court judge Monday dismissed a lawsuit filed by Trump’s allies asking the court to decertify Biden’s victory in Georgia, calling the plaintiffs’ request “perhaps the most extraordinary relief ever sought in any federal court in connection with an election” and one that the judge was unwilling to grant….
Monday, Dec 7, 2020 · 4:47:46 PM +00:00 · CathyM
Parker dings Powell for including the words "due process" in pleadings but not backing it up with substantive argument — Powell's gotten in trouble for this before, recall in WI the judge noted she used the words "emergency" and "expedited" but didn't actually ask for that
Monday, Dec 7, 2020 · 5:04:35 PM +00:00 · CathyM
I think the comment on the bottom shows the judge is pretty pissed at having his time wasted.
Judge BATTEN says the plaintiffs — GOP electors — lack standing. They waited too long to file the suit. And the issue should be litigated in state court, not federal.
"They ask the court to order the secretary of state to decertify the election results as if such a mechanism even exists, and I find that it does not," Batten says.
Monday, Dec 7, 2020 · 5:13:29 PM +00:00 · CathyM
Okay… Sydney is “weighing in” on this:
Petition many of you signed demanding@BrianKempGA order special session of GA legislature to deal with election fraud was delivered this morning to offices of Kemp &@GaSecofState.150,000 American Patriots have spoken.Will you tolerate being ignored by elected officials?
GA & national election were stolen.Our government officials are corrupt.
Monday, Dec 7, 2020 · 5:29:41 PM +00:00 · CathyM
I just can’t resist adding these insane tweets by a MAGAt who is either really stupid or sees that Rump is onto a good thing. (I wonder if someone could find an actual arrest record for this “patriot”?) As someone noted:
Cool story, bro. Your story went from being charged with treason and voter fraud facing life in prison to out on bail in 5 hours ... on a Sunday.
Monday, Dec 7, 2020 · 5:32:36 PM +00:00 · CathyM
This is hopeful:
Between rapidly approaching deadlines, Giuliani being hospitalized and a string of court losses, there is a sense developing internally that the Trump legal team’s efforts are coming to a close, according to multiple people. Fewer calls, meetings happening, etc.
Giuliani is currently supposed to appear remotely in front of a hearing with Georgia House delegates Thursday, but whether he ultimately does depends on his condition.
Monday, Dec 7, 2020 · 5:58:25 PM +00:00 · CathyM
To answer a question from below:
Rebuttal argument debunks Sidney Powell's fake history and fake law of Bush v. Gore:"Bush v. Gore stayed a Florida recount. It did not decertify a Florida election."
THAT is from Judge Batten’s response to Powell today.
Monday, Dec 7, 2020 · 6:03:28 PM +00:00 · CathyM
Here’s a story that pulls all the Klasfeld tweets together:
lawandcrime.com/…
Hours after failing in a similar lawsuit in Michigan, pro-Trump attorneys Sidney Powell and Lin Wood lost their effort to decertify Georgia’s election before a federal judge who called their bid the most audacious he had ever seen.
“The relief that the plaintiffs seek, this court cannot grant,” U.S. District Judge Timothy C. Batten ruled from the bench after a roughly hourlong hearing, where he called “the most extraordinary relief ever sought” for an election in a court.
Judge Batten, a conservative judge appointed by George W. Bush, noted that allowing the case to stand would amount to “judicial activism,” as it requested relief far beyond his power….
Judge Batten’s skepticism about the legal hydra of Powell’s creation—which she has likened to the mythical octopus known as the Kraken—was evident from the start of the hearing. He noted that the case alleged a vast, dark conspiracy that roped in everyone from Iranian mullahs, Latin American revolutionary socialists, voting-machine technicians, and the Peach State’s Republican governor and Secretary of State….
Monday, Dec 7, 2020 · 7:54:15 PM +00:00 · CathyM
Here’s another piece of the puzzle (behind a paywall, sorry, but this is the main point):
www.washingtonpost.com/…
Conservative nonprofit group challenging election results around the country has tie to Trump legal adviser Jenna Ellis
...Senior Trump campaign legal adviser Jenna Ellis serves as special counsel to the Thomas More Society, which has filed lawsuits through the newly formed Amistad Project alleging problems with the vote in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.
The Thomas More Society confirmed her relationship to the group but said she is playing no role in its election-related activities.
However, her affiliation with the organization — as well as other links between Trump’s team and the conservative group — suggest a coordinated effort to flood the nation’s courts with repetitive litigation that allows the president to claim the election results remain contested.
Monday, Dec 7, 2020 · 8:56:06 PM +00:00 · CathyM
Breaking this afternoon (bolding mine). But apparently that’s NOT good news because it could mean GA doesn’t get the “safe harbor” — that’s utterly wrong! (And could it be the Trumpists did it deliberately??):
Another one bites the dust: A Fulton County Superior Court judge rejected a pro-Trump lawsuit because the attorneys didn’t pay the proper filing fee or fill out the paperwork correctly. #gapol
Unfortunately, they have 5 days from today to file the election contest if I'm reading Georgia law correctly, meaning GA misses the safe harbor
Interesting statutory interpretation question there, I think. If they don't get it refiled by tomorrow, does it miss the safe harbor? Can a state case that would otherwise qualify retroactively remove a state from protection?
I'd expect so. Not my fault the state didn't recertify until the day before the safe harbor; I have 5 days to file my election contest
Monday, Dec 7, 2020 · 8:58:51 PM +00:00 · CathyM
AND even MORE lawsuits! (actually an ongoing challenge):
Adam Klasfeld
New: Lame duck President Donald Trump AND outgoing VP Mike Pence sue POTUS-elect Joe Biden and VP-elect Kamala Harris to set aside the vote in two counties with Wisconsin's most people of color.
Mike Dunford
For clarity: this is a filing in one of the ongoing state court cases, not a new suit. (It's the one where the WI SCt told them to go back and start at the trial court.) The WI SCt has indicated that they won't be overturning this year's results based on these theories.
Monday, Dec 7, 2020 · 9:44:23 PM +00:00 · CathyM
Looks like Team Swamp is just not giving up the LIE… what I want to know now is: can these electors be SUED for fraud if it can be proved they knew this case was fraudulent??
NEW: Trump electors have filed a new lawsuit seeking to decertify the 2020 general election results in Pennsylvania.
And I think we need to keep these lawyers in the news - for their infamy!
“through their counsel of the firm Dillon, McCandless, King, Coulter & Graham, L.L.P., per Thomas W. King, III, and Thomas E. Breth, “
My read is that this lawsuit can't affect the safe harbor. It's a state law case, but not one filed under the election contest rules. (They can't; elections contests had to be filed, if I'm reading the statutes right, within 20 days of the election.)
Monday, Dec 7, 2020 · 10:15:17 PM +00:00
·
CathyM
This is a helpful detail for me (a non-lawyer):
Q:Does having a pending lawsuit prevent a state from meeting the safe harbor? Aren’t there still open cases in basically every state?
Depends on the case. Federal cases, no. State cases that aren't filed under election challenge statutes, no. State cases filed under state election challenge statutes, yes.
Monday, Dec 7, 2020 · 10:28:37 PM +00:00
·
CathyM
This is getting ridiculous… no, we need a stronger word:
NEW: Declaring "this election is still not over" Trump files a motion for immediate consideration in the Michigan Supreme Court of a case he lost.
ps: the election is over.
pps Joe Biden won
ppps: Trump and his allies have lost 48 cases in court.
www.democracydocket.com/…
This is about counting the absentee ballots in Detroit, mostly
Tuesday, Dec 8, 2020 · 1:47:14 AM +00:00
·
CathyM
A couple of late updates by Marc Elias:
NEW: Enough is enough! We have filed a motion for summary affirmance in the Nevada Supreme Court. Time for this to end.
www.democracydocket.com/…
NEW: We have filed our briefing opposing the Wisconsin Kraken conspiracy case that seeks to decertify the 2020 general election results
Tuesday, Dec 8, 2020 · 1:57:45 AM +00:00
·
CathyM
I’m finally getting to read the judge’s order in the Michigan case — oh, WOW was she pissed!
V. Conclusion
For these reasons, the Court finds that Plaintiffs are far from likely to succeed in this matter. In fact, this lawsuit seems to be less about achieving the relief Plaintiffs seek—as much of that relief is beyond the power of this Court—and more about the impact of their allegations on People’s faith in the democratic 36 process and their trust in our government. Plaintiffs ask this Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This, the Court cannot, and will not, do.
The People have spoken.
The Court, therefore, DENIES Plaintiffs’ “Emergency Motion for Declaratory, Emergency, and Permanent Injunctive Relief” (ECF No. 7.)