Y'all, I've gotten the filings to date in the #Squidigation appeal in Georgia. Don't have time for a true thread today, but a couple of points of clownery are worth highlighting. You can find the full docs here dropbox.com/sh/uvkqcnvq2on…
First, you may remember that the Eleventh Circuit had some ... concerns ... about whether Team Kraken could actually appeal the Court's order, and directed all parties to address those concerns by December 3
Well, here's the docket entries for those filings. Note the problem?
Yes. In another of our persistent threadnought echoes, Team Squid blew the filing deadline. The state of Georgia and the Democrats filed at 11:20/11:25 pm on the 3rd.

Team Squid? At 1:20 am on the 4th.

I fully expect to hear this was due to PDF issues, of course
It gets better.
Remember when Team Squid (for these purposes, and given how inept they are, maybe that should be Team Docket?) ...
Anyway, remember when Team Squid said they were appealing "as of right" because the "denial" of their TRO was an emergency and the District Court had no jurisdiction any more?

And the District Court said "you guys are fucking nuts if you think you can appeal as of right but ok"?
And then the 11th Circuit said "uh, hey guys, we have some questions. Could all the various parties please provide us with briefing on whether this order can be appealed at all"? (You know, the order with the deadline they blew?)
Well ... apparently Team Squid has belatedly recognized that no, they don't have a right to appeal and they'd better ask permission instead
Again, I haven't actually read the brief yet. So maybe they're still arguing they can appeal as of right and this is a fallback - but if so, their table of contents doesn't reflect that
Also, I skimmed the background section and ... oh. Oh no.
The level of whatthefuckery here is impressive even for this elite team of whatthefuckers
To recap: On Sunday, Judge Batten circulated a *draft* - not final, not effective - order to the parties.

Lin Wood, desperate for a victory - any victory at all - tweeted it out as though it was a signed order.
A few minutes later - no doubt after hearing from the Defendants about their "you sued the wrong parties" defense - Judge Batten circulated a different *draft* order, in which all relief would be denied.

Lin tweeted that out, too
Neither draft order ever hit the docket because (as you may recall, or understand from knowing the English language) they were never actually issued.

They were UNISSUED DRAFT orders.
Lin Wood and Sidney Powell, being a level of bat-shit crazy that most mortals cannot ken, decided to include those drafts in their Appendix (which is the record that you're asking the appellate court to review)
And to top it off, they have apparently put "new affidavits" and new evidence in their "appendix" - things that were never before the district court at all.

This is not a thing they can do. I mean yeah, physically, they can do it. But the 11th Circuit can't consider any of that
Folks, we are *out of earth*. They have dug through the core of the planet, come out the other side, and continued into the atmosphere.
Yes, I know that once they're coming out the other side they're technically digging *up*, but they don't seem to and they're determined to keep digging
I don't know how they can possibly continue to get worse after this. I can't imagine what that will look like.

And yet I *also* know it's inevitable.

Happy Friday, all.
BTW, for anyone wondering why the "new documents in the appendix" thing is so bad, here's the express 11th Circuit rule on it:

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Akiva Cohen

Akiva Cohen Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @AkivaMCohen

4 Dec
The new #Squidigation affidavits are a TRIP, y'all
More adventures in redaction from Sidney Powell ImageImage
This, btw, is the affidavit of yet another "Military Intelligence" 'expert' in "vote analysis" and "political trends" whose expert opinion is - and I shit you not - "Come on, a Democrat can't win Georgia"
Read 8 tweets
3 Dec
OK, #Squidigation fans, I think we need to talk about the new Wisconsin suit Donald Trump filed - personally - in Federal Court last night. The suit is (as usual) meritless. But it's meritless in new and disturbing ways. This thread will be long

Not, I hope, Seth Abramson long. But will see.

I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃
First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.
Read 122 tweets
2 Dec
#Squidigation news: @DemocracyDocket has posted the Georgia transcript. So let's do a live read

democracydocket.com/wp-content/upl…
The first 2 pages of transcript are intros/is everyone ok on Zoom. Then we get to this ... which is not a good sign if you're the party asking for the TRO
Powell's response is "We'd like you to issue that first draft order that you circulated to the parties and my co-counsel posted to Twitter as though it had been issued"

I paraphrase. But not much.
Read 37 tweets
2 Dec
Hi, #Squidigation fans, Brad has you covered on the latest iteration of Sidney Powell and co putting on their whiteface and red noses and hitting each other with rubber chickens for the amusement of the court.

You may have noticed the courts are not particularly amused
But Brad just gave you the toplines. This Order doesn't really hold back. courtlistener.com/recap/gov.usco…
Some highlights. First, the background: When our gal Sid filed her Wisconsin Squidlet, she simultaneously filed a motion for injunctive relief. Image
Read 18 tweets
2 Dec
This story is a massive nothing Burger and people should be ashamed to have reported it. This isn't loans going to Trump or businesses

It's loans to businesses that happened to be located in commercial buildings owned by Trump or Kushner businesses
What was the rule supposed to be? That if you were a restaurant located at a trump property you were barred from getting a PPP loan? Is that if you were a business with offices in a Kushner property, you couldn't participate in the program?
This could have been the start of a meaningful story, with more recording. It's possible that some of those loans were pushed through despite not meeting guidelines for the program specifically because of the business addresses. But if so, that's not in this story
Read 5 tweets
2 Dec
@questauthority Going to add a point to your thread here. I'm just going to reply to this tweet rather than the quoted one with the continuation

@questauthority I've litigated this issue, including very very recently. To show good cause you basically have to show that you could not have held the hearing on the TRO within the 10 days provided despite your diligent efforts to hold it on time
@questauthority In that order, Batten is essentially announcing in advance that there are no circumstances where he will agree to extend the TRO. He has already found that their delay of the hearing is not good cause
Read 5 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!