NEW: A Trump appointed federal judge in Milwaukee has dismissed with prejudice the Trump campaign's attempt to overturn Wisconsin's election.
Judge Brett Ludwig, following an almost daylong hearing on Thursday, has tossed the last current federal case w/the Trump campaign as the named plaintiff.
He starts his order by saying, "This is an extraordinary case."
This case is significant b/c Judge Ludwig considered it ON THE MERITS & ruled against Trump.
Trump has been complaining that courts have been tossing his cases on threshold issues like standing.
But one of his own appointees here gave him a full hearing and still dismissed.
Even more this case echoes the Texas SCOTUS case in many ways. It makes similar claims & arguments & asks for similar relief.
SCOTUS did not consider the Texas on the merits but this case, decided on the merits, is something like the next best thing.
In fact, Ludwig, breaking from other judges, finds that Trump DOES have standing to challenge how WI's state election laws were implemented.
But Ludwig rules against him anyhow.
In another big break w/federal judges around the country, Ludwig rules that the 11th amendment's usual ban on suing state officials for state law actions doesn't apply here.
More new ground for Judge Ludwig.
Even though WI has already certified its vote, he rules that Trump's claims are not moot.
Why?
The final determination of who will be president won't happen until Jan. 6.
Money line (see photo.)
Trump's theory was that state elections officials disobeyed the WI legislature by loosening the way absentee ballots were handled this year. They used drop boxes, made it easier to certify absentees, etc.
Ludwig didn't buy the theory.
Ludwig's reasoning is that WI state law says electors should be chosen by popular vote.
Everything is more or less a detail.
If elections officials set up drop boxes for absentee ballots, they're still following the law--they're just tweaking the implementation.
NEW: These words from a Milwaukee federal judge, appointed by Trump, should put to rest the notion that courts have not considered the president's election complaints on the merits.
"This court has allowed plaintiff the chance to make his case and he has lost on the merits."
In sum, this is both a huge defeat for the president but also eats away at many of the threshold arguments that lawyers have used all month in beating back legal assaults on the election.
It is thus a mixed bag in many ways and sets questionable precedents.
Here is a blow-by-blow thread of the hearing on Thursday in this case which has more than anyone could ever possibly want to know about it.
For those of you wondering if this suit in Milwaukee was essentially an attempt to declare the rules of the election illegal AFTER the election took place, the answer is: Yes.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Hello.
At 10 am EST there'll be a hearing in Milwaukee for the last federal election case w/the Trump campaign as plaintiff. Yesterday judges in AZ & WI tossed the last 2 Sidney Powell kraken cases. Trump is also trying to join Texas’ SCOTUS case.
Here’s a look at today’s case:
Trump’s theory is officials in WI “ran an unconstitutional & unlawful” election chiefly in how they handled absentee ballots. Trump claims WI officials broke state law by sending out too many absentees, using drop boxes, getting rid of certifications and permitting “tampering.”
Even though the case is all about state law, the campaign says it belongs in federal court b/c WI officials violated the electors clause of the constitution & the equal protection clause by applying ballot procedures unequally.
NEW: A third Kraken falls.
Arizona federal judge dismisses Sidney Powell's election conspiracy suit in Phoenix.
Judge Diane Humetewa writes that Powell had made an extraordinary request: to disenfranchise millions of Arizonans.
It should have been "accompanied by clear & conclusive facts." Instead it was "sorely wanting of relevant or reliable evidence."
This is the same judicial smackdown that Powell's other suits have received in Michigan & Georgia. Judge Humetewa dismissed on standing, 11th amendment sovereign immunity, untimeliness, mootness, failure to state a claim and...
Good morning.
At 11:15 am EST there will be a hearing in federal court in Phoenix on a motion to dismiss Sidney Powell's 3rd "kraken" conspiracy lawsuit. Yesterday a judge denied her TRO in Michigan & another judge killed her suit in Atlanta.
Here's a kraken update...
Today's hearing will cover threshold legal issues to see if the Arizona kraken can survive dismissal.
Do the plaintiffs, GOP elector candidates, have standing?
Is the suit timely?
Is it moot since AZ has certified its vote?
Can state officials be sued for official acts?
Those questions have already gone against Powell in MI and GA. She'll try again in AZ though and then at some point in Wisconsin too.
SCOOP: Chris Krebs, the former head of the US cybersecurity agency, has filed a lawsuit against the Trump lawyer Joe DiGenova accusing him, the Trump campaign & the TV outlet Newsmax of a "pernicious conspiracy" to harm GOPers who stood up to POTUS' claims of election fraud.
Last month, after Krebs appeared on "60 Minutes" disputing claims of election fraud, DiGenova threatened him on Newsmax saying he should be "taken out at dawn and shot."
Krebs is suing for defamation and infliction of emotional distress.
Story soon.
In his suit, Krebs notes that he received so many threats by tweet, email, even text after DiGenova's remarks he and his family had to leave their home temporarily.
“Daddy’s going to get executed?” the suit quotes Mr. Krebs’s 10-year-old child asking him. nytimes.com/live/2020/12/0…
NEW: From the Department of Last Ditch Efforts comes this new appeal to the Michigan Supreme Court by Trump campaign of a lawsuit it has already lost at two levels of state courts.
This one questions the validity of absentee ballots in Wayne County. It's been ruled moot twice.
In Arizona, meanwhile, the state defendants in Sidney Powell's "kraken" conspiracy case have filed a motion to exclude testimony from her "experts" at a hearing later this week (which may or may not even be held if the case is dismissed first.)
Key phrase: "wildly unqualified."
NEW: GOP has just come back to Pennsylvania now with yet another lawsuit--this one seeking an order forcing the governor to withdraw certification of the state's voting results.