Giuliani is raising the "curing" issue and the Equal Protection claim. The challenge is with the number of affected "cured" ballots and the tendency of courts to use the mootness doctrine to dismiss such challenges if insufficient to change the outcome. jonathanturley.org/2020/11/18/is-…
Giuliani is quoting My Cousin Vinny on the inability of observers to observe from the required areas of separation. He is citing 60 affidavits. However, this claim has not been successful in the state courts.
...CNN is not showing the press conference on the Trump claims of voter fraud.
Giuliani is citing affidavits from 60 witnesses including three who say that Biden ballots were processed three times and other allegations. He is claiming 100 such witnesses in the case pending in Detroit and insists that they have enough challenged ballots to flip the state.
On Wisconsin, Giuliani is claiming 60K in Milwaukee county and 40K in Madison county that he claims lack applications under state law.
Giuliani is also claiming "over voting" in Wisconsin districts that reached 200 or 300 percent. He also says that they have over votes in Michigan.
On Georgia, Giuliani is pledging a major lawsuit "tomorrow
" on many of the same grounds, including what he claims are double voting as well as vote changing.
On Arizona, he says "more than probably" they will bring a lawsuit in that state. He also alleged serious evidence of fraud in New Mexico. He claims that they lawsuits in key states raise over double the number of votes needed to flip the results.
He is alleging a vast conspiracy of Democratic leaders to apply the same tactics. There is no evidence of such a conspiracy or "a common plan or common scheme" that comes "directly from the party . . . from the candidate."
In fairness to the Biden campaign, Giuliani keep referencing Biden touting his "voter fraud team." That is unfair. It was a reference to a team to combat voter fraud. Again, the use of that argument undermines these filings.
Sidney Powell is up. Powell has been saying that she has clear proof of software fraud relating to the Dominion system. She is alleging a "massive" influence of "communist money" in the election, including the development of software in Venezuela.
...She is raising an affidavit on the software under Hugo Chavez. He is arguing that he recognized the same pattern in the United States. She is alleging that the software literally flipped votes from Biden to Trump.
...Powell is making connections to the Venezuelan government and Hugo Chavez, including allegations going back to the 2004 elections. She is citing Democratic members as raising the same concerns. However, there must still be concrete connections to this election to move a court.
...Notably, such a software conspiracy would likely have been investigated by the DOJ but there is no evidence of such an investigation. The official who recently said that the election was the most secure in history was fired by President Trump over the objections of many.
Powell is calling for a "full-scale criminal investigation" by the DOJ that focuses on Dominion. She is alleging that the "source code" used in the system should be the focus -- an assertion that has been challenged by election and computer experts.
Powell is livid and insists that "President Trump won by a landslide and we are going to prove it." This is going to explode on the Internet. I am very concerned about how this will fuel anger on both sides in a country that is already a powder keg.
...Jenna Ellis is attacking the media which again is undermining these claims. There has not been a clear presentation of concrete evidence. While Ellis calls this the "opening statement," we are approaching the certification stage and running out of time for this evidence.
I understand the demand to present this evidence in court, but some of us have been calling for weeks for the "ascertaining" of the election. The Administration should ascertain for Biden while they continue these challenges. That is not certification of the election.
Giuliani is again citing the change in the vote overnight. That is not a compelling argument given the tallying of mail in votes. Again, there needs to be greater focus on the evidence of alleged systemic errors or fraud. We expected the mail in votes to be heavy for Biden.
...Giuliani just suggested that we might need "a new agency to protect us" because of the bias of the FBI. Again, that type of rhetoric is less of an "opening argument" than a rave. It does not support these challenges or the evidence that they are suggesting is forthcoming.
Back to the alleged evidence. Giuliani just said that they have completed three over vote analysis projects. Powell is saying that it is "beyond mathematical impossibility" that these votes can come in so heavily for Biden as these votes were counted...
...Powell is saying that this was due to Dominion "injecting votes" into the system. Again, that is going to ignite the Internet and, given his earlier tweet, suggests that President Trump is unlikely to concede this election.
That was an excruciating 90 minutes. I have said it before. I understand the need to have time to gather evidence but time is of the essence. Certifications are going forward next week. This is not the time for "opening arguments" but evidence production.

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More from @JonathanTurley

17 Nov
The Pennsylvania Supreme Court rejected one of the main arguments raised by the Trump campaign on observers. The Court found that officials are only required to be in the room not necessarily close to observe details. It deferred to the officials...
...This is a matter of state law and the Court ruled that the legislature did not specify a distance and it would not judicially add one as a matter of interpretation. That is a fairly textual approach that many conservative jurists would find compelling.
As I stated last week, observer and sharpie challenges are not going to do much for challenging these results. The Trump team has to produce systemic problems with authentication or tabulation. In the interim, the GSA needs to "ascertain" this election to allow for a transition.
Read 5 tweets
15 Nov
Martha Raddatz is exploring the continued failure to officially start the transition briefings for Biden-something many of us have called for. Since the tabulation period is now effectively over, I fail to see the basis for the GSA not "ascertaining" a Biden victory...
... My equal concern is the lack of Covid briefings with the task force. Trump can continue to litigate these challenges, but many of us said that this week would be critical to seeing any evidence of systemic problems or fraud. That has not emerged in these cases.
...Ascertainment under the federal law is not calling any election or certifying results. It is merely an administrative decision that sufficient evidence supports releasing transitions funds and resources. That should have been done last week.
Read 5 tweets
13 Nov
My agreement with some of Alito's points does not alter the concerns over the messenger rather than the message. I still maintain that justices should speak primarily, if not exclusively, through their opinions. jonathanturley.org/2020/11/13/unf…
...All of those issues have been and will again be before the Court. Indeed, as Alito was making these ill-considered comments, the Catholic Church was coming before his Court in these very issues.
...It is also worth noting that many liberals are objecting to Alito’s speech despite celebrating even more alarming public speeches by Justice Ginsburg during his life. Indeed, these public controversies highlight the glaring contradiction in the use of the “Ginsburg Rule.”
Read 4 tweets
10 Nov
Busy day. Over at the Senate, Lindsey Graham is drilling Andrew McCabe on the strange contrast in the FBI pouring in resources into investigating the Trump associates on a lead from an English bar but not a CIA referral of a Hillary Clinton/Russia allegation.
McCabe seems bizarrely unaware of any evidence that undermined the investigation including the CIA information the FBI that Carter Page was a CIA operative. As with Comey and Yates, no one will admit knowledge or responsibility. It is as if the FBI was left on auto-pilot.
McCabe just joined Comey, Rosenstein, Yates and others saying that he would never have signed off on the surveillance if he knew then what he knows today. That seems to make it unanimous on both the abusive surveillance and unanimous on the denial of personal responsibility.
Read 12 tweets
10 Nov
Chief Justice Roberts just asked House Counsel Verilli about how "eight years ago" the individual mandate in the ACA was vital. Roberts asked "Why the bait and switch?" He then asked if they were "talking about broccoli for nothing?"
In truth it was a bait and switch and Roberts fell for it. Verrilli insisted that we are allowed to "learn from our mistakes." In other words, you can ignore everything we said before.jonathanturley.org/2010/03/31/is-…
Thomas is asking a question! He is also raising whether the Court was played by the Obama Administration in claiming that the individual mandate was the ACA's "the heart and soul." It used that argument to secure the ruling of constitutionality but it is now shrugging it off.
Read 10 tweets
9 Nov
Rep. Alexandria Ocasio-Cortez has demanded whether "anyone [is] archiving these Trump sycophants for when they try to downplay or deny their complicity in the future? I foresee decent probability of many deleted Tweets, writings, photos in the future." jonathanturley.org/2020/06/05/mea…
...It may be a "probability" but there is nothing "decent" about it. Those who sought desperately to align themselves with the cancel movement may find that the status of being a revolutionary or a reactionary can be fleeting. jonathanturley.org/2020/08/31/how…
...On Fox, Sanders surrogate Nomiki Konst clarified that when AOC was calling for a black list of people to be canceled she was specifically referring to people in the Lincoln Project as the "perfect examples" of people to be cancelled despite their work against Trump.
Read 4 tweets

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