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7 Dec, 4 tweets, 2 min read
The federal court order in MI ending Sidney Powell & Co.'s request to overturn the election results there methodically shreds all of their claims. They lose on every single issue - the case is moot, was filed too late, they have no standing, etc.

courtlistener.com/recap/gov.usco…
The judge deals very briefly with the merits of these Kraken claims. The plaintiffs offered "nothing but speculation and conjecture."
Judge: Sidney Powell's election lawsuit in Mich. "seems to be less about achieving the result the Plaintiffs seek ... and more about the impact of their allegations on the People's faith in the democratic process."

"The people have spoken."

courtlistener.com/recap/gov.usco…
Technically this is an order on a motion for a restraining order. But the judge's finding that plaintiffs lack standing, that their claims are barred by laches and abstention and don't state a recognized cause of action all mean this case is over.

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More from @bradheath

Brad Heath Profile picture
8 Dec
This is the Supreme Court order denying the request by Rep. @MikeKellyPA and others to invalidate Pennsylvania's presidential election. That's the whole thing. It was denied by the full court with no public dissents. Image
Perhaps the justices had not yet seen the glowing-eye meme.
The case Rep. @MikeKellyPA and others filed remains notable for the fact that a U.S. Congressman sought - unsuccessfully - to invalidate the votes of millions of people in his state in the hopes that his preferred candidate would win the presidency.
Read 5 tweets
Brad Heath Profile picture
8 Dec
Judge Sullivan says DOJ's reasons for seeking to dismiss its case against Mike Flynn "appear pretextual, particularly in view of the surrounding circumstances." Image
Sullivan rejects DOJ's argument that Flynn's false statements weren't "material" to any investigation. He says they plainly were. (It's unusual for a district judge to take a more expansive view of what's illegal than DOJ does, but this is an unusual DOJ argument.) Image
Sullivan says DOJ doesn't use this standard in other cases, making the point that the government's legal arguments in Flynn's case is "perplexing" and appears to be a rule that applies to his case alone. Image
Read 7 tweets
Brad Heath Profile picture
8 Dec
A few amici have filed at the Supreme Court today in support of a case seeking to declare that Pennsylvania's mail-in voting scheme violates the state constitution, thereby throwing out the votes of millions of people who voted absentee.

They're ... interesting.
The docket is here: supremecourt.gov/search.aspx?fi…

Pennsylvania's response arguing against enjoining its entire election is due to Justice Alito tomorrow.
The PA Republican Party makes the curious argument that the PA Supreme Court's decision was wrong because it failed to follow it's own precedents. State supreme courts are, of course, free to overrule their precedents, just as the U.S. Supreme Court sometimes does. Image
Read 18 tweets
Brad Heath Profile picture
8 Dec
🤦‍♂️ Wisconsin's response to Sidney Powell's lawsuit points out that the Dominion voting machine she says were part of a big election-rigging plot weren't used in most of the counties she's complaining about, and in the two that did use them, Trump won. Image
The filing is notable because it engages with the "overwhelming" evidence Powell and others claim to have assembled proving the election was stolen. Although that evidence occupies many pages, it ain't great. Image
Four of Powell's main exhibits "are 'expert' analyses conducted by anonymous individuals whose credentials - or even existence - cannot be tested or assessed." One is an analysis of election technology by a person claiming to have a degree on physiology. Image
Read 9 tweets
Brad Heath Profile picture
7 Dec
Sidney Powell told a judge it's important for the Department of Defense to get access to Georgia's voting machines.
The judge is basically sitting there while she goes through the stack of "expert" testimony that's been introduced in the case.
... and then the judge comes back to the actual legal questions of standing and why this case belongs in federal court, and he sounds pretty skeptical about all that and says Powell has been "glib" with her claims about binding precedent.
Read 9 tweets
Brad Heath Profile picture
6 Dec
As Trump leaves Georgia, where he complained about fictional election fraud, the state weighed in on a lawsuit seeking to overturn the election. "These claims would be extraordinary if true, but they are not."
The state has filed lots of pages, but this is probably the only one it really needs. The 11th Cir. bounced a similar suit today because plaintiffs lacked standing. That decision binds the district court here.
Georgia: "There is no credible evidence to support the drastic and unprecedented remedy of substituting certified presidential election results with the Plaintiff's preferred candidate."

The filing is by Georgia's Republican AG on behalf of its Republican governor and others.
Read 18 tweets

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