Yesterday, a federal judge in Michigan did something extraordinary & important.
Yes, she penalized Trump's election attorneys for their conduct filing a lawsuit to have Michigan's 2020 election results thrown out.
But she did something bigger:
Took the suit seriously.
—>
Yes, she penalized Trump's election attorneys for their conduct filing a lawsuit to have Michigan's 2020 election results thrown out.
But she did something bigger:
Took the suit seriously.
—>
2/ She went through every claim in the original suit, and then she went through every claim they mounted to defend themselves against charges of incompetence & bad lawyering.
And she crushed every single one — with barely restrained fury, but also with meticulous precision.
And she crushed every single one — with barely restrained fury, but also with meticulous precision.
3/ One small example: Lawyers claimed they 'hadn't received' certain briefs mailed to them by lawyers for the city of Detroit.
They did receive the documents — Lin Wood tweeted mocking them.
They did receive the documents — Lin Wood tweeted mocking them.
4/ Attorneys argued the zip code the briefs were sent to was wrong. The judge notes the briefs were sent to 'the exact addresses provided by Plaintiffs in their filings.'
This is so vital: These 9 attorneys attempted to gas-light and lie right to the judge.
This is so vital: These 9 attorneys attempted to gas-light and lie right to the judge.
5/ Instead of waving it off as the usual fog of exaggerations and misstatements, US District Judge Linda V. Parker took every 'defense' & 'claim' seriously — and put the lie to every one of them.
Journalists spent the Trump Administration doing this to exhaustion & futility.
Journalists spent the Trump Administration doing this to exhaustion & futility.
6/ But almost no officials have taken the time to document the extent of the incompetence & the maliciousness.
Often because Trump officials unleashed a wave of lies & misdirection—& themselves immediately moved on.
Hard to keep up with Wave #1 when #2 & #27 are coming at you.
Often because Trump officials unleashed a wave of lies & misdirection—& themselves immediately moved on.
Hard to keep up with Wave #1 when #2 & #27 are coming at you.
7/ That is the joy of Parker's opinion.
It is bracing. It is astonishing. It is, frankly, righteous. A defense of basic American principles:
• justice
• rule of law
• telling the truth
• courts as an arena of accountability
It is also: 110 pages.
storage.courtlistener.com/recap/gov.usco…
It is bracing. It is astonishing. It is, frankly, righteous. A defense of basic American principles:
• justice
• rule of law
• telling the truth
• courts as an arena of accountability
It is also: 110 pages.
storage.courtlistener.com/recap/gov.usco…
8/ Yes, you can read it — right on Twitter!
What does it mean to take the Trump / Powell / Wood election claims 'seriously'?
A couple examples.
What does it mean to take the Trump / Powell / Wood election claims 'seriously'?
A couple examples.
9/ The Michigan lawsuit sought to have the election results set aside & Trump 'declared' the winner by the judge.
Why?
Absentee ballots were counted that lacked postmarks. An ominous claim.
Except Michigan voters can deliver their ballots in person. No postmark required.
Why?
Absentee ballots were counted that lacked postmarks. An ominous claim.
Except Michigan voters can deliver their ballots in person. No postmark required.
10/ Michigan voters who requested absentee ballots then voted in person.
Another ominous claim.
Except Michigan law specifically *allows* voters who request an absentee ballot to come to the polls in person on election day and vote.
Another ominous claim.
Except Michigan law specifically *allows* voters who request an absentee ballot to come to the polls in person on election day and vote.
11/ To be clear: The Powell/Wood Michigan lawsuit alleged ominous 'violations' of law so serious that election results should be thrown out—and their examples, as Judge Parker wrote, even if they actually happened, *are not violations of law.*
The 'alleged' conduct is legal.
The 'alleged' conduct is legal.
12/ From the mailing address for court documents to the core arguments of the original lawsuit, Powell / Wood / et al lied not just in press conferences & on social media, but to a federal judge.
She was having none of it.
She was having none of it.
13/ In their disciplinary hearing — after the suit was dismissed — Parker asked the lawyers about the specific instances of claims in the suit that were not violations of law.
The lawyers either acknowledged they were wrong, claimed not to know the relevant law, or shrugged.
The lawyers either acknowledged they were wrong, claimed not to know the relevant law, or shrugged.
14/ Parker recounts & documents this, claim by claim.
The decision makes riveting reading. Which is not that common in a federal court order.
More, in a moment.
But: The link, again, for when you're standing in line or falling asleep tonight:
storage.courtlistener.com/recap/gov.usco…
The decision makes riveting reading. Which is not that common in a federal court order.
More, in a moment.
But: The link, again, for when you're standing in line or falling asleep tonight:
storage.courtlistener.com/recap/gov.usco…
15/ A critical expert witness who was (1) Not an expert and (2) Whose ridiculous 'data' claims could be invalidated with a brief Google search.
The lawyers made no effort to vet their own claims. Parker writes 'they actively refused to investigate' their own claims.
The lawyers made no effort to vet their own claims. Parker writes 'they actively refused to investigate' their own claims.
16/ You can't file lawsuits with claims you know, or should know, are without basis, or are flat wrong — just to be clear.
Whatever the popular maxim, you cannot in fact 'sue anyone for anything.'
Whatever the popular maxim, you cannot in fact 'sue anyone for anything.'
17/ One of the best moments in the suit — which points to both Parker's determined meticulousness, and the incompetence & pure maliciousness of Powell / Wood / et all, comes on pages 55–57 of the decision.
In their defense, Trump's lawyers cite an 1878 case, Throckmorton.
In their defense, Trump's lawyers cite an 1878 case, Throckmorton.
18/ The Throckmorton decision contains the phrase, 'fraud vitiates everything' — and Trump's lawyers used that to argue that Judge Parker could do as they requested, toss out the Michigan results & declare Trump the winner. And should.
Judge Parker's assessment below.
Judge Parker's assessment below.
19/ Trump's lawyers asserted a case having relevance that:
• Had nothing to do with election law (it was about land grants)
• Was decided exactly the *opposite* of the way Trump's lawyers asserted it was decided
• Had nothing to do with election law (it was about land grants)
• Was decided exactly the *opposite* of the way Trump's lawyers asserted it was decided
20/ Gas-lighting a federal judge, on federal law, to her face — in a hearing about your own misconduct, incompetence and bad faith.
Parker jumped to social media to discover where the Throckmorton argument came from.
—>
Parker jumped to social media to discover where the Throckmorton argument came from.
—>
21/ Not serious analysis of legal precedents, but the 'rantings of conspiracy theorists sharing
amateur analysis and legal fantasy in their social media echo chambers.'
amateur analysis and legal fantasy in their social media echo chambers.'
22/ As Judge Parker lays out what happened in this one fradulant election challenge case, there was no lawyering. There was nothing but political posturing.
There were 59 similar cases filed.
There were 59 similar cases filed.
23/ Parker ordered the 9 lawyers to pay the fees of Detroit and Michigan in defending against the suit. She ordered them to take remedial legal education on how to file a lawsuit and election law — and prove they had taken those classes.
24/ Most important, Parker referred each of the nine lawyers for investigation, discipline and possible disbarment in each of their home states — and took the trouble to list them for the public and for her clerk.
25/ We all owe a debt to US District Judge Linda V. Parker for taking this suit seriously, for taking the original claims seriously, for digging in on the lawyers, their conduct — and their defense of their conduct.
For defending democracy and the American court system.
For defending democracy and the American court system.
26/ They lied about their own addresses.
She documented every lie.
^ ^ ^
The press appears to have expected the sharp discipline of Powell / Wood / et al — and the stories don't unpack the decision in detail. Understandably.
That's what twitter is for!
She documented every lie.
^ ^ ^
The press appears to have expected the sharp discipline of Powell / Wood / et al — and the stories don't unpack the decision in detail. Understandably.
That's what twitter is for!
'Despite the haze of confusion, commotion & chaos counsel intentionally attempted to create by filing this suit, one thing is perfectly clear: Plaintiffs’ attorneys have scorned their oath, flouted the rules & attempted to undermine the integrity of the judiciary along the way.'
28/ WashPost story:
wsj.com/articles/feder…
NYTimes story:
nytimes.com/2021/08/25/us/…
WSJ story:
wsj.com/articles/feder…
wsj.com/articles/feder…
NYTimes story:
nytimes.com/2021/08/25/us/…
WSJ story:
wsj.com/articles/feder…
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