So there's two levels of election claims going on right now. There's the actual legal challenges, which mostly are about whether observers could "meaningfully observe" despite COVID restrictions and whether certain small-ball ballots should be counted.
And then there's what Rudy Giuliani is doing. This morning he told an alt-right web show that he had secured affidavits from secret whistleblowers that will show that computer software changed millions of votes in multiple states.
If you haven't heard of this "Dominion software" theory, it's not your fault. This is a deep-in-the-fever-swamps theory that isn't remotely in the realm of a possibility, but they claim to believe it is real with all their hearts.
It hasn't shown up in any of the actual lawsuits filed by the Trump campaign, though, because the attorneys would be on the hook if they knowingly lied to a court.
One other thing that's been bugging me. The Trump campaign lawsuits are trying to prevent the state from certifying the votes.
Why is this important? Because recounts cannot begin until the vote is certified. That's the disconnect between the lawsuits and the remedy.
If the Trump camp. really believes that poll workers secretly tallied thousands of fraudulent votes while GOP observers weren't standing close enough to see, there's an obvious remedy: count again.
But the lawsuits' very goal is to prevent (or at the very least) delay recounts.
I stand corrected. Dominion software does appear in the new federal Michigan lawsuit. Thanks, Mike.
Coming back to this, I did manage to get a hold of this complaint. It underwhelmed. There are tgree major claims, but none are well-pleaded. It also contains the debunked 120 year-olds voting claim and the vote tabulation error claim. bloximages.newyork1.vip.townnews.com/wnem.com/conte…
First, they say some GOP observers were kept out of the counting center at times while Dem observers were allowed in.
But in the same paragraph they write that "unlimited" numbers of media were allowed to observe, which undercuts the case for shenanigans.
And the second major claim involves the treatment of GOP observers who were allowed inside.
They say that GOP observers who were present could not "meaningfully" observe because of social distancing. This is an argument over what "meaningful" means.
This new lawsuit is against the PA secretary of the commonwealth and four election boards in heavily-Democratic counties.
It raises due process, equal protection, and electors clause claims and is premised on two specific complaints about procedures in PA.
The Trump camp. alleges that:
(1) Trump camp. observers were prevented from meaningfully observing pre-canvassing, counting, and mail-in counting.
(2) The Democratic election boards allowed voters to cure bad ballots prior to election day, whereas other counties did not.
There is some pre-buttal in here about what "meaningfully observe" means and its importance to election integrity, since even the Trump campaign is grudgingly admitting that GOP observers were actually present in the room.
Such a stark disconnect between the lawsuits the Trump campaign has filed and the absolutely wild fraud claims being passed around the Trumposphere.
At some point, you'd think they'd wonder why the Trump campaign isn't suing under the "a computer did it!" theory.
So far none of the Trump campaign lawsuits would lead to Trump taking the electoral vote lead.
And the only two claims that could even come close to changing the EV are the supposed "a computer did it" and "we saw Democrats drive up with new ballots" theories.
Nobody has sued under those theories, and I know why and you know why. But what do they think the excuse is?
Okay, switching gears . . . there was an important RFRA decision in D.C. last night.
Fed. judge rules D.C. violated RFRA (which applies to fed. gov't, but also the gov't of D.C.) when it refused to allow a church to hold outdoor, masked, socially-distanced services with more than 100 congregants.
Collecting recent decisions in which Republicans argued that restrictions on voting are necessary to prevent fraud.
"the State (Texas) did not provide any actual examples of voter fraud"
"it is a speculative and 'generalized grievance' in this case"
"Plaintiffs have not introduced even an ounce of evidence supporting the assertion that . . . use of mail ballots will inundate the election with fraud."
Lawgeeks, you can read the affidavit in support of the criminal complaint against militia members who plotted to kidnap Gov. Whitmer courtesy of Detroit News --> detroitnews.com/story/news/loc…
Entrance to the plot, according to the affidavit:
•Croft and Fox met through social media.
•CHS-1 comes in at June 6 right-wing Ohio meet-up.
•Garbin (militia leadership)and CHS-2 come in at the June 18 Second Amendment rally in Lansing.
•Franks, Caserta come in at a tactical training camp June 28.
•Harris is at a meet-up in Ohio in July 18 where they talk about shooting up Whitmer's vacation home.