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Teri Kanefield Profile picture
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23 Nov, 4 tweets, 2 min read
Here's the filing in which (among other things) they ask the court to stay the certification in PA pending appeal. drive.google.com/file/d/1_492c-…
I attached the rules of appellate procedure explaining that the request must first be made at the trial court (which they didn't do.)
The other part of this is that the certification is at 7 tonight. The rules require that all parties be given reasonable notice.
Yeah, and the TRO couldn't be filed in the district court because the district court THREW OUT THE ENTIRE LAWSUIT on a motion to dismiss, which is what is being appealed.

They're asking for a chance to refile in the lower court.
Also, to be fair, I have seen lawyers do some half-assed things in court and get away with it.

Courts often give a lot of leeway to lawyers making errors.

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More from @Teri_Kanefield

Teri Kanefield Profile picture
25 Nov
Have you ever noticed that the great leaders of the world, the ones who have brought about the most enduring and positive changes, did not go out of their way to stoke anger and rage?
I am personally not seeing anyone preaching that Trump should be forgiven.

Maybe I'm missing it, but almost every source I read understands that investigation will (and must) continue.

Maybe we just read different sources.
The Biden administration includes the FBI and DOJ.
Many of the investigations must happen in the Biden administration because that's where the records are.

But Biden himself must be disengaged, or we have the same corruption we had under Trump.
Read 7 tweets
Teri Kanefield Profile picture
24 Nov
This is a platitude. Don't talk about "justice."

Be specific about what you want.

I want:

💠The truth to come out
💠Investigations to continue unhampered
💠Independent prosecutors to decide what to prosecute.
💠All money obtained illegally to be returned.

You?

1/
I want:

💠Congress to pass a relief bill that gives relief to ordinary people.
💠The new administration to undo the damage to our institutions done by the previous administration, which will take a lot of work and focus on building back agencies so they can do their jobs.

2/
I also want people to understand the extent to which your emotions and rage have been manipulated by people who profit from keeping you riled.

When I went to law school, I vowed to use my legal degree for "justice" . . .
Read 8 tweets
Teri Kanefield Profile picture
23 Nov
I see 2 possibilities after Jan:

💠The Trump-FOX-GOP remains united and we have deeper divisions between those who embrace truth and those who embrace lies

💠When the GOP tries to move on and looks to a 2024 candidate not named Trump, the Trumps attack them and the GOP splits
You see, the question for the GOP is who controls the voters. A few decades ago, the GOP made the mistake of outsourcing voter mobilization. They teamed up with FOX and the NRA, who got the voters to the polls. So FOX and the NRA control the voters, which gives them power. . .
. . . over the voters. (That insight on GOP voter mobilization is from Yale political scientist @Jacob_S_Hacker and Berkeley political scientist Paul Pierson.

This gives FOX power over candidates, which as forced candidates to adopt more extreme positions.

Right now. . .
Read 14 tweets
Teri Kanefield Profile picture
22 Nov
See my thread from last night.

Technically what Judge Brann did was grant the defendant's motion to dismiss.

A motion to dismiss is what a defendant brings at the start of a lawsuit to get rid of totally frivolous claims so the court doesn't have to waste time.

1/
It's usually hard to win on a motion to dismiss because courts prefer to see the evidence and decide on the merits.

To win on a motion to dismiss, the lawsuit as filed has to be so fatally defective so that there is no point having a trial or hearing.

2/
For example, suppose I sue you on the claim that you are ugly and therefore you owe me $1 million dollars.

There are a few problems with that.

The main problem, in legal terms, is that I have failed to state a cause of action.

3/
Read 17 tweets
Teri Kanefield Profile picture
22 Nov
The problem here is that Trump lost on a motion to dismiss, not on the merits.

So what goes up on appeal is whether the case should have been dismissed.

If the Third Circuit also rules FOR Trump the ruling is that the lower court was incorrect in dismissing the case . . .

1/
. . . which means the case goes back to the lower court for a hearing.

If the Third Circuit rules AGAINST Trump, and the case goes to the Supreme Court, the issue is whether the case should have been dismissed.

If SCOTUS rules FOR Trump. . .
. . . it means the lower court must grant a trial.

So Trump gets a hearing. Even if things go very quickly, this will take weeks. At the end, if Trump wins, he gets a hearing, which also takes time.

So Trump's email was malarkey.
Read 9 tweets
Teri Kanefield Profile picture
21 Nov
They're filing these lawsuits believing the courts will hand the election to Trump.

It's deeply cynical, springing from the belief that anyone who wins does so by cheating and rule of law is an illusion.

The GOP attitude: "Trump is a liar and a cheat, but he's OUR liar."
To see it as destroying rule of law, you have to believe rule of law exists and is possible.

We see it destroying rule of law and taking away our votes.

They (on the other hand) see widespread voting as "corruption," usurping white power.
Anti-democratic forces have been with us since the beginning. They were pro-slavery. They were pro-Jim Crow. They believed in women in the home.

They read the Constitution as establishing these things because they read the Constitution as intended in 1789.
Read 4 tweets

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