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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
Apr 16
Justice Thomas just suggested J6, legally, is no different than any other violent attempt to disrupt official proceedings
Alito’s clearly for throwing out the obstruction charges against the J6 defendant here, too.
The liberals are all clearly with the government’s use of the obstruction statute against the J6 defendants.
Read 23 tweets
Mike Sacks Profile picture
Dec 28, 2023
Here’s the Colorado Republican Party’s SCOTUS petition via its lawyers, who redacted their generally public contact info even though SCOTUS def won’t redact when it soon uploads the petition to the docket page. media.aclj.org/pdf/Colorado-R…


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QUESTIONS PRESENTED The Supreme Court of Colorado held that states possess authority, regardless of the lack of congressional authorization, to determine that a presidential candidate is disqualified under Section Three of the Fourteenth Amendment and that former President Donald J. Trump is disqualified as an insurrectionist. The Questions Presented are: 1. Whether the President falls within the list of officials subject to the disqualification provision of Section Three of the Fourteenth Amendment? 2. Whether Section Three of the Fourteenth Amendment is self-executing to the extent of all...
Sekulow making his grand return after repping Trump in his fight to keep his financial records from the Manhattan DA
That came after his defense of Trump during the second impeachment politico.com/news/magazine/…
Read 15 tweets
Mike Sacks Profile picture
Dec 22, 2023
SCOTUS declines Jack Smith’s request to quickly resolve POTUS immunity issue, tells DC Circuit YOU FIRST supremecourt.gov/orders/courtor…

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No noted dissents. Maybe libs trust that CADC will hand down its decision right after 1/9 oral args so to get whole resolved in time for 3/4 trial date?
Or maybe no sense of urgency anymore now that they’ll be deciding as late as June whether half of Smith’s charges against Trump can actually stand
Read 16 tweets
Mike Sacks Profile picture
Dec 15, 2023
2nd Circuit, sitting en banc, finds that non-transgender female high school athletes have standing to sue Connecticut for Title IX sex discrimination over the state's inclusion of transgender female athletes in track and field competitions. ww3.ca2.uscourts.gov/decisions/isys…

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We do not consider whether Plaintiffs’ Title IX claims have any merit or whether they would be entitled to the relief that they seek as a matter of equity, but rather whether the district court has jurisdiction to hear their claims in the first instance. We conclude that it does, for the reasons advocated for both by Plaintiffs and by Intervenors. First, Plaintiffs have established Article III standing at this stage in the litigation. They have pled a concrete, particularized, and actual injury in fact that is plausibly redressable by monetary damages and an injunction ordering Defendants t...
CA2 says if the state made trans girls compete with boys, and "transgender girls alleged that such a policy discriminated against them on the basis of sex and deprived them of publicly recognized titles and placements, they too would have standing to bring a Title IX claim."
"On remand, the district court should assess in the first instance whether Plaintiffs’ complaint states a claim for a violation of Title IX."

IOW: now that you can sue, you have to prove you actually have a case.
Read 14 tweets
Mike Sacks Profile picture
Sep 6, 2023
Translation: Sure we are openly defying a 5-4 SCOTUS ruling but we think Justice Kavanaugh will flip his vote if we come back at him with the exact argument he told us to make when he sided against us last time
Alabama’s gonna “raise that temporal argument” and hope Kavanaugh thinks that the Voting Rights Act no longer should authorize “race-based redistricting.”

Question is whether Kav left that loaded gun out for immediate use or for some years from now.
The three-judge district court opinion smacking down Alabama’s defiance contained a section on Kavanaugh’s concurrence to show why Alabama must lose but completely ignored the part where Kav wrote how Alabama could have won—and may yet still win—his vote s3.documentcloud.org/documents/2393…
"Fourth," Justice Kavanaugh emphasized, "Alabama asserts that § 2, as construed by Gingles to require race-based redistricting in certain circumstances, exceeds Congress's remedial or preventive authority," but "the constitutional argument presented by Alabama is not persuasive in light of the Court's precedents." Id. at 1519 (Kavanaugh, J., concurring).
Read 6 tweets
Mike Sacks Profile picture
Aug 9, 2023
Just unsealed from DC Circuit:

Jack Smith got a warrant for Trump’s tweet data from Twitter, Twitter was too a shambles to meet its production deadlines, claimed 1A as a defense, got hit with contempt sanctions, and lost its appeal.

https://t.co/oF5DgP6ZnScadc.uscourts.gov/internet/opini…
PAN, Circuit Judge:* The district court issued a search warrant in a criminal case, directing appellant Twitter, Inc. ("Twitter") to produce information to the government related to the Twitter account "@realDonaldTrump." The search warrant was served along with a nondisclosure order that prohibited Twitter from notifying anyone about the existence or contents of the warrant. Twitter initially delayed production of the materials required by the search warrant while it unsuccessfully litigated objections to the nondisclosure order. Although Twitter ultimately complied wit...
All-Dem panel (Obama. Biden, Biden) rejected Twitter’s argument that the nondisclosure order was a prior restraint on speech…namely, the company’s desire to tell the public—and Trump—about the search warrant.

Twitter's contrary arguments are unpersuasive. First, Twitter claimed that the government's interest in maintaining the confidentiality of the criminal investigations was undermined by information already in the public sphere. Twitter asserted that "the cat [was] out of the bag: the public ... already [knew] that the Special Counsel [was] investigating the former President and collecting his private electronic communications." Opening Br. 25. We disagree. At the time of Twitter's challenge to the nondisclosure order, some information about grand jury subpoenas or visitors to the f...
Second, Twitter proposed two less restrictive alternatives to the nondisclosure order that it contended could address the government's concerns "while still enabling it to meaningfully exercise its First Amendment rights." Opening Br. 31. Those proposals involved revealing parts of the warrant to the former President or to his representatives. At the time that Twitter made its motion, those suggested alternatives were nonstarters because they would not have maintained the confidentiality of the criminal investigation and therefore risked jeopardizing it. …. In any event, such acti...
court to take on the unpalatable job of "assessing] the trustworthiness of a would-be confidante chosen by a service provider." Id.; see also E-Mail Accounts, 468 F. Supp. 3d at 562 (holding that a proposal "to notify someone at the [targeted] company, like a senior official or a lawyer in its United States office, of the warrant ... was not as effective as the nondisclosure order" in protecting an investigation). Twitter thus failed to proffer any alternative to the nondisclosure order that "accomplished] the government's goals equally or almost equally effectively...
Don’t we all the pendency of this appeal, Twitter, Inc. merged into a privately held company named X Corp. Opening Br. iii. For ease of reference, we refer to appellant as "Twitter" throughout this opinion.
Read 7 tweets

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