Today marks the federal safe harbor deadline for states to certify election results. On what that means for Trump and his supporters' legal challenges: buzzfeednews.com/article/zoetil…
Meanwhile, we have a FLURRY of notable court activity to kick of the day. Yes, a thread:
Texas has moved to sue GA, MI, WI, and PA *in the US Supreme Court*. It's asking SCOTUS to let legislatures decide who won — an extraordinarily extreme ask rooted in baseless voter fraud conspiracies that numerous judges have repeatedly rejected texasattorneygeneral.gov/sites/default/…
A dispute between states presents the rare situation where SCOTUS can have original jurisdiction to take up a case. The court doesn't have to hear any given case though — note that Paxton's filing is a motion to file the complaint. SCOTUS will rule on that first.
This case — filed more than a month after Election Day — challenges decisions state officials made about how to run the election during the pandemic *before* Election Day. And it promotes conspiracy theories that judges have found unsupported and not credible in the weeks since
It also argues that SCOTUS should invalidate millions of votes in part because Biden did better in these states than Hillary Clinton did and than Trump was supposed to. This argument is that it was suspicious simply that Biden got more votes
It also refers to Trump having an "early lead" the morning of Nov. 4, which misrepresents how the election works — millions of Americans were not still voting come Nov. 4. States were continuing to count ballots that had been cast/mailed, as is normal practice in elections
Texas is trying to shoehorn voter fraud conspiracy theories into the kind of COVID narrative SCOTUS has taken up before re: challenges to state/local closures. It's merging actual pandemic-related changes that states made to election processes ths year with wild fraud theories
Which is a long way of saying: This is the opposite of Bush v. Gore.
Bush v. Gore involved a specific number of ballots in one state.
TX's case is about a variety of election practices (and even different types of fraud conspiracy theories) across four states.
In other SCOTUS news: We have PA's response to Rep. Kelly et al.'s election challenge. This is the one the PA Supreme Court and lower courts rejected as being filed way too late, since it challenged a law that PA passed re: mail-in voting in Oct. 2019: scribd.com/document/48735…
Sidney Powell, meanwhile, is appealing yesterday's order dismissing her Georgia election challenge up to the 11th Circuit. Previously on that:
New: In Michigan, a Court of Claims judge has rejected a motion by GOP challengers to force Wayne County to do an election results audit. Judge finds there's no authority for that at the county level, and the SoS has already committed to doing an audit scribd.com/document/48736…
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End of an era: Judge Emmet Sullivan has dismissed the criminal case against Michael Flynn as moot given his presidential pardon scribd.com/document/48738…
Michael Flynn's criminal case is officially over, but Judge Sullivan makes very clear that a presidential pardon does not mean that Flynn is innocent of the crime he pleaded guilty to twice
As for DOJ's pre-pardon effort to drop the Flynn prosecution, Sullivan writes that it was a "close question" and that he was "troubled by the apparently pretextual nature of certain aspects of the government’s ever-evolving justifications"
A hearing is starting soon in Sidney Powell's Arizona election challenge. State/county officials are moving to dismiss, raising many of the same args that Powell lost on yesterday in her GA and MI cases. Here's a summary + public dial-info if you'd like to listen along
Sidney Powell will not be arguing today in Arizona — Julia Haller, a member of Powell's team representing the plaintiffs, will be handling that today
Judge Diane Humetewa is handling this case. She's focusing so far on what to do about a state court ruling yesterday tossing similar claims in an election challenge filed by AZ GOP chair Kelli Ward — who is also a plaintiff in the federal case (see: scribd.com/document/48736…)
New: Another loss for Sidney Powell, this time in Michigan.
The loss is multifaceted:
- state officials immune
- case is moot
- laches (waited too long to sue)
- abstention b/c of state court litigation
- no standing
- unlikely to succeed on the merits assets.documentcloud.org/documents/7334…
Judge Linda Parker: "Plaintiffs ask this Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This, the Court cannot, and will not, do. The People have spoken."
Parker dings Powell for including the words "due process" in pleadings but not backing it up with substantive argument — Powell's gotten in trouble for this before, recall in WI the judge noted she used the words "emergency" and "expedited" but didn't actually ask for that
New: Another GOP election challenge loss — 11th Circuit rejected L. Lin Wood's effort to stop Georgia from certifying. The 3-0 opinion, written by Judge Bill Pryor, agreed with the district judge that Wood lacked standing, and concluded it was moot assets.documentcloud.org/documents/7334…
Pryor: "The Constitution makes clear that federal courts are courts of limited jurisdiction, U.S. Const. art. III; we may not entertain post-election contests about garden-variety issues of vote counting and misconduct that may properly be filed in state courts."
"Wood’s arguments reflect a basic misunderstanding of what mootness is. He argues that the certification does not moot anything “because this litigation is ongoing” and he remains injured. But mootness concerns the availability of relief, not the existence of a lawsuit..."
New: The Michigan Court of Appeals has rejected Trump's election challenge re: observer access in Wayne County, finding it's moot because Michigan certified the results — if Trump wanted to press fraud claims, MI law says seek a recount, which he didn't do assets.documentcloud.org/documents/7334…
Meanwhile — a judge in Nevada dismissed a challenge filed by Trump electors.
"Contestants failed to meet their burden to provide credible and relevant evidence to substantiate any of the grounds ... to contest the November 2020 General Election" democracydocket.com/wp-content/upl…
The campaign is asking for all the results in Georgia to be tossed out and for the court to order a new presidential election in the state, among other things
Sidney Powell's lawsuit trying to undo Wisconsin's election results has hit a number of bumps since it was filed in federal court two days ago. New filings today underscore what's been going on. A brief thread:
Powell and her team filed an amended complaint that removed @derrickvanorden as a plaintiff after he made clear he was included without permission — the docket entry explains the change, but there's nothing else filed to explain what happened there