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Zoe Tillman Profile picture
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11 Dec, 5 tweets, 2 min read
Brief detour from election litigation: There's a teleconf set for 9:30am in E. Jean Carroll's defamation suit against Trump to discuss next steps after the judge rejected DOJ's bid to take over. Last night, Trump's lawyer Marc Kasowitz asked to stay the case pending their appeal
Carroll's lawyer Joshua Matz argues there should be no stay because Trump had already broken so many rules and "attempted to abuse" DOJ to delay the case to date. For all the denials of Carroll's allegations, Matz says, "Mr. Trump sure seems desperate to avoid the justice system"
Carroll sued Trump for defamation, accusing him of lying when he denied her allegation that he raped her more than two decades ago. On the judge's ruling in October that DOJ could not take over Trump's defense against the case: buzzfeednews.com/article/zoetil…
Long story short, no resolution of what happens next in Carroll v. Trump, Carroll's lawyers have until next Thurs. to respond to Trump's motion to stay the case pending appeal. Judge sounded very skeptical of arg. from Trump's lawyer that everything should be on hold for now.
Important to note that DOJ is appealing along with Trump. If the 2nd Circuit case is pending on Jan. 20, a big question will be how DOJ under Biden will handle this and whether/how they'll drop it — Biden during the campaign was extremely critical of DOJ's attempt to get involved

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More from @ZoeTillman

Zoe Tillman Profile picture
14 Dec
New: It appears the Trump campaign has filed another election challenge in federal court, this time in New Mexico — it's objecting to the use of drop boxes for voters to return absentee ballots. It was filed today, as the Electoral College is voting.
assets.documentcloud.org/documents/2042… ImageImageImage
Related: On the dozens of post-election lawsuits that Trump and his supporters have lost so far — note that some have been tossed specifically because judges concluded Trump/GOP challengers delayed in bringing claims buzzfeednews.com/article/zoetil…
On laches (whether they delayed in suing) — Trump argues they couldn't sue *before* the election (the NM GOP did sue and it was resolved: lcsun-news.com/story/news/202…); it took "days" to see deviations from state law; and they wanted to wait and see how Trump would do suing elsewhere ImageImage
Read 5 tweets
Zoe Tillman Profile picture
11 Dec
BREAKING: The US Supreme Court has rejected Texas's last-dtich effort to challenge President-elect Joe Biden's win in four key states. More to come.
buzzfeednews.com/article/zoetil…
SCOTUS hands a decisive loss to Texas and dashes Trump's hopes of a high court showdown in just three sentences, including: "Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections."
buzzfeednews.com/article/zoetil…
Tonight's SCOTUS order rejecting Texas's effort to sue four other states is in keeping with one of the overarching themes of post-election GOP challenges so far: A failure to even get in the door because of critical threshold issues like standing buzzfeednews.com/article/zoetil…
Read 4 tweets
Zoe Tillman Profile picture
10 Dec
Overnight action: A federal judge in Wisconsin dismissed Sidney Powell's election challenge.

"Federal judges do not appoint the president in this country. One wonders why the plaintiffs came to federal court and asked a federal judge to do so."
scribd.com/document/48764…
Ruling came a few hours after a federal judge in Arizona reached the same conclusion (which was the same conclusion that every judge to consider Powell's cases has reached to date) -->
A hearing is about to start in the Trump campaign's election challenge in federal court in Wisconsin (this is separate from Sidney Powell's WI case, which was dismissed last night). The court has made an audio stream available here: youtube.com/channel/UCNFX-…
Read 16 tweets
Zoe Tillman Profile picture
10 Dec
New: A federal judge has dismissed Sidney Powell's election challenge in Arizona
scribd.com/document/48756…

"...the Complaint’s allegations are sorely wanting of relevant or reliable evidence, and Plaintiffs’ invocation of this Court’s limited jurisdiction is severely strained."
Powell's Arizona federal election failed for many of the same reasons judges elsewhere have rejected her cases:
- no standing to sue
- claims should be in state court
- state officials immune per 11th Amend.
- laches (unreasonable delay in filing)
- moot (already certified)
The judge was extremely unimpressed by Powell's evidence:

"The allegations they put forth to support their claims of fraud fail in their particularity and plausibility. Plaintiffs append over three hundred pages of attachments, which are only impressive for their volume."
Read 7 tweets
Zoe Tillman Profile picture
8 Dec
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…

Previously: buzzfeednews.com/article/zoetil…
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"
Read 5 tweets
Zoe Tillman Profile picture
8 Dec
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…)
Read 10 tweets

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