Federal judge in PA heard enough at yesterday's arguments, cancels evidentiary hearing scheduled for tomorrow, and orders final briefing to be completed by the end of this week.
courtlistener.com/recap/gov.usco…
The order puts in writing what the Judge suggested from the bench yesterday
Meanwhile the federal judge in Michigan yesterday called out the Trump Campaign for not even serving a copy of their complaint to the State and set the briefing schedule for completion by this Friday: courtlistener.com/docket/1861986…
Judge Neff: "[D]espite setting forth these looming deadlines and despite having characterized their pleading as one requiring 'emergency” relief,' Plaintiffs have, to date, neither served their Complaint on Defendants nor filed any motions for immediate injunctive relief."
Don't want to get on Judge Neff's bad side
Merging threads
Weeeeeeee courtlistener.com/recap/gov.usco…
Judge Brann has extended the briefing schedule by a day, now closing at noon on Saturday.
courtlistener.com/docket/1861867…)
I'll let @rickhasen take it from here
Trump Campaign and co-plaintiffs have filed a motion of voluntary dismissal in their Michigan federal case
The Trump Campaign says they want to dismiss their federal case in Michigan because...the Republicans on the Wayne County Board of Canvassers want to rescind their votes to certify their count for Biden courtlistener.com/recap/gov.usco…
Here's William Hartmann's affidavit, signed late last night, explaining is now-purported to rescind his vote to certify Wayne County's results for Biden courtlistener.com/docket/1861986…
Here's Monica Palmer's affidavit, signed late last night, explaining her now-purported rescission of her vote to certify Wayne County's results for Biden after her initial refusal to do so courtlistener.com/docket/1861986…
Neither Hartmann's nor Palmer's affidavit mentions that Trump reached out to them between their votes to certify for Biden Tuesday night and their decisions last night to rescind those votes and return to their initial opposition to certify
And now in press release form
Query - AND I MEAN PLEASE ANSWER ME AS I TRY TO GET THE WAYNE COUNTY CLERK ON THE PHONE WHILE HER LINE IS BUSY - whether these affidavits actually work to officially reverse the votes and block certification
Ah thank you @JTHVerhovek
So what we have in this here Michigan federal litigation is the Trump Campaign, facing defeat in court, quitting with a declaration of an out-of-court victory that didn't actually happen
And now, while we await the final briefs in the PA federal case come Saturday, let's listen to how those arguments this week went
Detroit fights back against Trump Campaign's attempt to slip disinfo into its request to drop the case, saying rules allow plaintiffs "to voluntarily dismiss their claims, but it does not allow them to use a Notice of Dismissal to spread disinformation." courtlistener.com/docket/1861986…
Here’s Trump’s final PA fed ct brief. I wouldn’t be surprised if a decision against the campaign comes down tonight
These people are now also asking to join Trump’s side in the PA federal case just as the judge is expected to hand down his decision courtlistener.com/recap/gov.usco…
...aaaaaaaaand Trump’s PA federal case is dismissed. courtlistener.com/recap/gov.usco…
“[T]his Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence.”
courtlistener.com/recap/gov.usco…
Judge Brann: “In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more.” courtlistener.com/recap/gov.usco…
Judge Brann calls Trump Campaign’s claims a “Frankenstein’s Monster”:
“That Plaintiffs are trying to mix-and-match claims to bypass contrary precedent is not lost on the court.”
courtlistener.com/recap/gov.usco…
Turns out Judge Brann’s local restaurant recommendations to the lawyers after oral arguments were more like offerings of a last meal to Rudy before his execution courtlistener.com/recap/gov.usco…
Will the Trump Campaign et al appeal to the 3rd Circuit before Monday’s certification in PA? And if they lose fast there, will they petition SCOTUS?
If so, I’m curious what’ll be the reaction when Barrett and Kavanaugh stick the dagger in with a (likely) silent vote to deny cert
Guess we have our answer.
Oh, and about that Obama judge...
The Appeal Is On courtlistener.com/recap/gov.usco…
The 3rd Circuit's active judge breakdown is 8 GOP - 6 Dem.
It won't matter. They won't rule for Trump.
Not even if the Trump Campaign draws a panel made of up 3 of his 4 appointees.
And Trump's forever SCOTUS bridesmaid Judge Hardiman (GWB appointee) won't save Trump, either.
Also
If true and to the extent any thought went into this—indeed IF any thought went into this—then the Campaign’s play seems to be to hope CA3 will order PA to delay certification or, cry foul file a new lawsuit against PA if it certifies election to moot appeal
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