I’m reading now. But the judge is… not amused.
As a rule of thumb, having your arguments called “stitched together” like Frankenstein’s monster means things are going poorly.
It’s not great for your standing theory when the judge can’t discern what it is and has to “embark” on an extensive project. There’s an old case that says “judges aren’t pigs, who have to sniff out truffles” - same thing.
Here’s the Judge’s discussion of the case the dude sitting next to Rudy came up with at the last minute, claiming it addressed “competitive standing.”

Behold, it doesn’t!
In addition the destroying the Trump campaign’s made-up standing theory, the judge also brutalizes their equal protection claim on the merits. Good for him!
The Judge is not very interested in disenfranchising all of Pennsylvania under a hallucinatory reading of Bush v Gore.
This is so humiliating.
And the motion to amend the complaint Rudy didn’t even understand he had to file is denied.

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More from @RMFifthCircuit

23 Nov
Alright Trump has now filed his brief. Late, but filed. I will read, but just from the table of contents, it’s something else.

So, first immediate thing: we’re now back to the only issue on appeal being the denial of the motion for leave to amend, it seems. Image
This confirms my previous tweet. Note, this is their only shot on appeal. There's not like, some other brief where they can challenge the trial judge's decision on the First Amended Complaint. By filing this brief, they are done on that. Image
Read 4 tweets
23 Nov
Ok, so the 3rd Circuit is adopting the briefing schedule. Time for fun! Image
My reaction: I’ve said this before, but Courts are quite likely to give the President a lot of procedural leeway. That’s why Judge Brann let Rudy babble for 2 hours before ripping him apart. They don’t want to be seen throwing the President out on technicalities. /2
So of course, they could just have denied the motion to expedite, but then they’d be criticized for not giving the President a chance. Instead, they’re saying “oh you want to file a brief today? Have at it.”
Read 4 tweets
23 Nov
Let me end tonight with a little story. A long time ago, I had a case against a litigant who just would lie all the time. About totally verifiable things. I threw a fit every single time in my responses. The Court sided with me, but didn't do anything about it the first time.1/
Or the second time. Or the third time. The fourth time the Court put some irritated language in its order, but didn't do anything. We had a few rounds of that. And then finally, after lie #400, the Court finally issued sanctions and shut down the case. 2/
That litigant was not the President of the United States. It was just a dude.

My point is, as preposterous as all this is, the Courts are almost certainly going to keep calmly rejecting these Trump suits but not going to take it out on Rudy and the "Strike Force." /3
Read 4 tweets
23 Nov
Here is the emergency motion from Trump h/t @j_remy_green. I'm going to read it now and I'll say what I think, if anything.
Point 1. Trump appears to have given up trying to prevent tomorrow's certification. Instead, he's telling the Court of appeals they need to act before December 8. Image
Point 2. Trump is limiting the appeal to the district judge's refusal to let him amend his complaint to add back in the allegations about fraud he himself removed. If that's right, Trump is conceding that the judge's order was right under the First Amended Complaint /2 Image
Read 7 tweets
22 Nov
Lol. This is going really well for Donald.
To be clear, no it’s not a good sign when you have to disavow the lawyer who just gave a crazy press conference for you a couple of days later.
Yet again, not the kraken.
Read 5 tweets
21 Nov
My mini-thread on the Pennsylvania decision is here. Bottom line: a completely expected but humiliating and harshly worded defeat for Trump. The judge pours calumny on Rudy’s head civilly but brutally.
In summary, it was not the kraken.
Probably calumny isn’t the exact word I wanted. Scorn! Let’s go with that.
Read 6 tweets

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