David Frum Profile picture
21 Nov, 20 tweets, 3 min read
Whoah, this opinion in Trump v. Boockvar:

"Plaintiffs ask this Court to disenfranchise
almost seven million voters."
"This Court has been presented with ... speculative accusation ... unsupported by evidence. 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."
"Plaintiffs have made multiple
attempts at amending the pleadings, and have had attorneys both appear and
withdraw in a matter of seventy-two hours."
"There have been at least two perceived
discovery disputes, one oral argument, and a rude and ill-conceived voicemail
which distracted the Court’s attention from the significant issues at hand."
"Plaintiffs’ only remaining claim alleges a violation of equal protection. This
claim, like Frankenstein’s Monster, has been haphazardly stitched together from
two distinct theories in an attempt to avoid controlling precedent."
"That Plaintiffs are trying to mix-and-match claims to bypass contrary
precedent is not lost on the Court."
"The Court was required to embark on an extensive project of examining almost every case cited to by Plaintiffs to piece
together the theory of standing as to this Plaintiff – the Trump Campaign."
"Even if Plaintiffs had standing, they fail to state an equal-protection claim."
"All [that] Plaintiffs have
alleged is that Secretary Boockvar allowed counties to choose whether or not they
wished to use the notice-and-cure procedure. No county was forced to adopt
notice-and-cure; each county made a choice to do so, or not."
"Moreover, even if they could state a valid claim, the Court could not grant Plaintiffs the relief they seek."
"Even assuming that they can establish that their right to vote has been denied, which they
cannot, Plaintiffs seek to remedy the denial of their votes by invalidating the votes
of millions of others."
"Rather than requesting that their votes be counted, they seek
to discredit scores of other votes, but only for one race. This is simply not how the Constitution works."
"Granting Plaintiffs’ requested relief would necessarily require invalidating
the ballots of every person who voted in Pennsylvania."
"Because this Court has no
authority to take away the right to vote of even a single person, let alone millions
of citizens, it cannot grant Plaintiffs’ requested relief."
"None of these allegations (or the others in this section) claim that the Trump
Campaign’s watchers were treated differently than the Biden campaign’s watchers."
"Simply alleging that poll watchers did not have access or were denied access to
some areas does not plausibly plead unequal treatment."
"Defendants’ motions to dismiss the First Amended Complaint are granted
with prejudice. Leave to amend is denied."
[Citing precedent] "'“Among the grounds that could justify
a denial of leave to amend are undue delay, bad faith, dilatory motive, prejudice,
and futility.'"
Here via @bradheath is the full opinion from which I've selected the foregoing highlights ... courtlistener.com/recap/gov.usco…
@bradheath "When we said, 'Release the kraken,' we didn't mean ... AGAINST US!"

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More from @davidfrum

22 Nov
On October 20 @WSJopinion editorialized that Biden must answer Trump campaign questions. wsj.com/articles/the-b… Now the same Trump sources are accusing Georgia Gov. Kemp of being bribed by Venezuelan communism. Should Kemp not answer? And if the answer is, THOSE PEOPLE ARE CRAZY
... does that not suggest that perhaps the accusations they were flinging 30 days ago were at least equally crazy?
Will the super-principled conservative talking heads who amplified accusations on Flynn + Hunter Biden just *pretend not to hear* these damning accusations about the Georgia Republican party from the same so-very-credible sources?
Read 4 tweets
21 Nov
Trumpsters are complaining about the Trump transition. Let's open the book by Governor Chris Christie, who headed Trump's transition in 2016-2017, to hear from him. Page 6
More Chris Christie on the Trump transition, p. 6
Chris Christie on who wrecked the Trump transition, from p. 7 of his memoir, "Let Me Finish." hachettebooks.com/titles/chris-c…
Read 4 tweets
19 Nov
No more happy talk about the "uniquely American transition of power." Trump presidency and this post-election period confirm that the US is *less* committed to democratic norms - and has *weaker* institutional safeguards for democracy - than peer wealthy democracies.
I asked a German diplomat friend to detail the safeguards against, say, a German chancellor trying to extend her tenure despite losing an election. He replied that such a thing was utterly impossible, he couldn't begin to enumerate the reasons why. And he was right of course.
Nobody wondered, "Will Gordon Brown or Theresa May leave office if defeated?" Ditto the Netherlands, New Zealand, and newer democracies like Portugal or South Korea. Democratic culture is deep, and election law is administered impartially. For all the boasting, not true in USA
Read 18 tweets
18 Nov
"Everyone ... has adjusted to a world in which US influence is declining" - @anneapplebaum in @TheAtlantic
today. To some degree, relative decline is dictated by objective facts. Trump hastened it. theatlantic.com/ideas/archive/…
During the Obama years, the late Charles Krauthammer declared, "Decline is a choice." That's quite wrong. The Romans never decided, "Oh yes, we could defeat these Goths if we wanted to, but we prefer to let our cities be sacked." Power rests on facts. But ...
... a relatively declining power can mitigate those facts. As European states recognized that they had ceased to be great individual powers after 1945, they created the European Union to join their strengths. Alliance-building should have been US response to China rise. Instead
Read 4 tweets
15 Nov
My latest in @TheAtlantic : the GOP's two paths away from Trump - forward toward democracy, back toward the methods of Jim Crow: leveraging anti-democratic local rule to wield national power theatlantic.com/ideas/archive/…
@TheAtlantic A last-ditch Trumpist plan to overturn the 2020 election results: beg GOP state legislators in Biden states like Pennsylvania to substitute pro-Trump electors.

This idea was thinkable because GOP had won majority in PA legislature with 500,000 fewer votes than Dems in 2018. 2/x
@TheAtlantic Similar outcomes in MI and WI: GOP had won majorities of the seats with minority of votes.

In the end, the legislators flinched. The idea was illegal anyway. (Little Trumpists care about that.) But it demonstrated ... 3/x
Read 12 tweets
13 Nov
Those of us who have lived in the vicinity of malignant narcissists will recognize Trump's behavior pattern 1/x
Trump has been abruptly and harshly cut off from his source of narcissistic supply. Here's what typically follows such a shock healthyplace.com/personality-di… 2/x
The deprived narcissist

"minimizes social interactions and uses 'messengers' to communicate with the outside."

Read 6 tweets

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