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Alan Feuer

4 Jan, 7 tweets, 2 min read

https://twitter.com/nycsouthpaw/status/1346140645379997696

As Trump files a new suit vs. The Election, let's recall the one filed *before Xmas* by GOP voter groups in 4 states still has no briefing schedule.
Why?
The judge said he wouldn't set one until all defendants were served and that includes the (unserve-able) Electoral College.

https://twitter.com/nycsouthpaw/status/1346140645379997696

NEW: DC federal judge denies emergency request by 4 GOP voter groups to invalidate multiple state elections.

Judge James Boasberg writes: "It would be risible were its target not so grave: the undermining of a democratic
election for President of the United States."

Judge Boasberg takes this effort to task:
1. The complaint is prolix.
2. After saying it's not about fraud, the plaintiffs spend pages describing alleged frauds that have already been debunked.

No lawyer wants to hear a judge say, "Given that time is short and the legal errors underpinning this action manifold..."
Ouch.

Double ouch.
Judge Boasberg is considering issuing a show cause order for why he shouldn't refer the lawyers to a grievance committee.

"Courts are not instruments through which parties engage in such gamesmanship or symbolic political gestures."
Damn...

It has taken a long time, and much patience on the part of the judicial branch, but judges are finally pushing back against election suits by Trump and the GOP.
Latest: DC federal judge mulls referring attorneys in a suit against Mike Pence to a grievance committee.
(See above.)

FYI this suit was filed before Xmas by four GOP-led voter "alliances" and was best known for having named the Electoral College as one of its defendants...

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More from @alanfeuer

Alan Feuer

@alanfeuer

5 Jan

NEW: The city of Detroit has just asked a federal judge to refer Sidney Powell, Lin Wood and the rest of Team Kraken for disbarment proceedings.

Powell & her colleagues filed 4 Kraken suits alleging a baseless conspiracy about foreign powers & Dominion voting machines. Judge Linda Parker in Detroit swatted it down.
Detroit's lawyers note that decision & say now it's time for the lawyers "to answer for that misconduct."

The filing notes the by-now repeated sins of Powell's filings: fake numbers, unverified claims, experts w/no expertise.
It also notes that Trump has continued to use the Kraken suits in his "desperate campaign to thwart the will of the voters" even up to his call w/GA's SOS.

Read 5 tweets

Alan Feuer

@alanfeuer

5 Jan

NEW: Federal judge in Atlanta denies President Trump's last minute effort to overturn the state's election certification.

The ruling by Judge Mark Cohen comes one day before Congress is set to ratify the national election results, leaving Trump with yet another failed lawsuit.

Reporters were effectively denied access to the hearing b/c Trump's lawyers did not consent to remote public access.
I hope to get a transcript of the hearing ASAP.
Judge Cohen is expected to post a formal order later today.

Hours after a Georgia federal judge shot down Trump's latest election challenge, Jonathan Eastman, who has filed SCOTUS briefs for Trump & his allies, submits an application to appear in the case.
Does this mean a new SCOTUS appeal is coming?

Read 4 tweets

Alan Feuer

@alanfeuer

12 Dec 20

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.

Read 13 tweets

Alan Feuer

@alanfeuer

10 Dec 20

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.

Read 74 tweets

Alan Feuer

@alanfeuer

9 Dec 20

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...

Read 5 tweets