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Mike Sacks Profile picture
@MikeSacksEsq
Nov 18, 2020 • 33 tweets • 14 min read • Read on X
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… ImageImage
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… Image
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 Image
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… ImageImageImage
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… ImageImage
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… ImageImage
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… ImageImage
...aaaaaaaaand Trump’s PA federal case is dismissed. courtlistener.com/recap/gov.usco… ImageImage
“[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… ImageImage
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… ImageImage
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... Image
The Appeal Is On courtlistener.com/recap/gov.usco… Image
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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More from @MikeSacksEsq

Mike Sacks Profile picture
Feb 27
No, these people are pushing clearly unconstitutional/illegal policies precisely because they hope this SCOTUS will be a willing partner in their reactionary revolution or will be powerless in the face of departmentalist defiance—and if the people resist then poof go elections
These people are seeking nothing short of an FDR-style constitutional revolution but without his political mandate to override the existing order—let alone return to the one FDR’s election repudiated. Image
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FDR was reelected by even larger margins in 1936 AFTER the old guard SCOTUS struck down his first New Deal.

Do Trump’s people actually think he’ll get the same results via an internecine war with an otherwise simpatico SCOTUS? No. Bc they don’t think they answer to the people. Image
Read 9 tweets
Mike Sacks Profile picture
Feb 9
Dude's deliberately misreading a very short, digestible, and temporary judicial order so to lay the groundwork for going full Jackson Apocrypha in service to his movement's authoritarian agenda.

Read the order for yourself:
storage.courtlistener.com/recap/gov.usco… x.com/JDVance/status…
These people are all but actually up in arms over the judge's restraining "political appointees" from accessing Treasury's payment system, and lying to you that it includes the Secretary and other cabinet members, when it's clearly aimed at people like the DOGEbros. Image
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Could the judge have been clearer? Sure. But this is still clear to any plain reader. Could the order have been narrower? Sure, another judge approved such a deal between private plaintiffs and the admin over DOGEbro access while litigation played out: storage.courtlistener.com/recap/gov.usco…
Read 9 tweets
Mike Sacks Profile picture
Jan 23
This filing appears to be the Trump DOJ’s first defense of his birthright citizenship EO Image
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Here’s WA/AZ/IL/OR’s complaint against Trump’s birthright citizenship EO storage.courtlistener.com/recap/gov.usco…Image
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Trump’s DOJ was responding to this motion from WA/AZ/IL/OR seeking a temporary restraining order against the “Citizenship Stripping Order” storage.courtlistener.com/recap/gov.usco…Image
Image
Read 20 tweets
Mike Sacks Profile picture
Jan 10
aaaaand the SCOTUS TikTok args started immediately after this
Trump's first-term SG is repping TikTok to fight a law he'd likely have defended had Congress passed it before 2020
Thomas sounds like he'll vote to uphold the ban as targeting ByteDance, a foreign company
Read 36 tweets
Mike Sacks Profile picture
Nov 9, 2024
Curious if Jim Ho will renounce his defense of birthright citizenship if he thinks a SCOTUS nom depends on doing so
gibsondunn.com/wp-content/upl…Image
Didn’t matter for CA5 but SCOTUS is different…as will be the vetters this time texastribune.org/2017/10/11/jim…
Read 6 tweets
Mike Sacks Profile picture
Jul 1, 2024
The decision feels like Bruen in that it'll have the justices in subsequent cases going WAIT NO WE DIDN'T MEAN THAT except it'll be after Emperor Trump orders Kavanaugh to chew off Roberts's face in the supersized Thunderdome constructed on top of the Supreme Court building
Hahahaha what am I saying this opinion will never be cited again if dude returns to office because they'll just Weekend at Bentham him so that he'll remain immune from whatever crimes he commits while alive or dead during his eternal reign Image
If dude loses then yeah so long as this SCOTUS is similarly constituted a majority will permit any subsequent Republican DOJ to swiftly execute any past Democratic President for the nonofficial criminal acts of Winning an Election and Democrating While In Office.

Per KBJ: Image
Read 5 tweets

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