If you have not yet been convinced just how batshit crazy the Trump attack on the election is, just take a look at this filing challenging the alleged expert testimony offered in support of the Trump position.
I would call your attention to the first paragraph on page 28 which provides as follows:
"In support of their motion, Plaintiffs cite the "expert testimony" of an individual whose name is redacted but is referred to by Plaintiffs as "Spyder."
See Mot. to File Under Seal, ECF 5 at 9. Spyder claims to be an "electronic intelligence analyst . . . with experience gathering SAM missile system electronic intelligence" and "extensive experience as a white hat hacker used by some of the top election specialists in the world."
Decl. of "Spyder" ("Spyder Decl.") ECF No. 1-9, ¶ 2. Other than claiming to work for "top election specialists," Spyder does not disclose whether s/he has any experience with election administration or the
companies, software and machines used by states to conduct elections.
Because Spyder is not named, it is impossible to verify or even research what Spyder's credentials may be. On the record before the Court, Spyder cannot qualify as an expert given his/her lack of relevant education, training, experience, knowledge, and skill."
Judge Stephanos Bibas of the 3rd Cir. was appointed by Trump. Today, he rejected the Trump campaign's attempt to obtain an injunction to undo PA's certification of votes in the presidential election.
His opinion for a 3 judge panel states: "The Campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters.
Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised."
I have uploaded the most recent case from Pennsylvania where the Trump campaign's attempt to block certification of the EVs from Pennsylvania was dismissed. slnews.us/pbgl112120a
The basic thrust of the Court's ruling is set forth at the very beginning of its memorandum:
"[T]he Trump Campaign and the Individual Plaintiffs . . . seek to discard millions of votes legally cast by Pennsylvanians from all corners — from Greene County to Pike County,
and everywhere in between. In other words, Plaintiffs ask this Court to disenfranchise almost seven million voters. This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election,
The IRS has issued Rev. Rul. 2020-27 that addresses the question of the deductibility of expenses paid with the proceeds of PPP loans. The ruling holds that:
A taxpayer that received a covered loan guaranteed under the PPP and paid or incurred certain otherwise deductible expenses listed in section 1106(b) of the CARES Act may not deduct those expenses in the taxable year in which the expenses were paid or incurred
if, at the end of such taxable year, the taxpayer reasonably expects to receive forgiveness of the covered loan on the basis of the expenses it paid or accrued during the covered period,
Justice Alito issued the following order in the case brought in PA by the GOP:
Order issued by Justice Alito: All county boards of election are hereby ordered, pending further order of the Court,
to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept
“in a secure, safe and sealed container separate from other voted ballots,” and (2) that all such ballots, if counted, be counted separately. Pa. Dep’t of State, Pennsylvania Guidance for Mail-in and Absentee Ballots Received
At best, it is disingenuous. It can also be called dishonest.
Here's the problem, under PA state law, the contested ballots have to be counted by a specified date. The prior SCOTUS order in the case required that the contested ballots be sequestered to allow further SCOTUS review.
The PA Sec. of State has issued a directive requiring both that the ballots be sequestered (thus following the SCOTUS order), but also be counted (thus assuring compliance with PA state law).
The attorneys for The Lincoln Project have now responded to the threats of a defamation lawsuit by the attorney for Ivanka and Jared. As I predicted, quite aside from the obvious First Amendment hurdles any such claim would face,
the damages issue is particularly problematic. Here's the killer from the LP's lawyers at fn. 8:
The Second Circuit has held that 'a plaintiff's reputation with respect to a specific subject may be so badly tarnished
that he cannot be further injured by allegedly false statements on that subject." In one of the seminal libel-proof -plaintiff cases, the U.S. District for the Southern District of New York held that mobster John "Boobie" Cerasini had a reputation so "tarnished"