the trump election lawsuit thread of dominance

[Ted Lange 16085]

Trumps America 

 

[DigDug 1669]

 

[Gil Bang 25957]

haha

 

 

Although this case was initiated less than two weeks ago, it has already developed its own tortured procedural history. Plaintiffs have made multiple attempts at amending the pleadings, and have had attorneys both appear and withdraw in a matter of seventy-two hours. There have been at least two perceived discovery disputes, one oral argument, and a rude and ill-conceived voicemail which distracted the Court’s attention from the significant issues at hand.27 The Court finds it helpful to place events in context before proceeding further. In the evening of November 9, 2020, Plaintiffs filed suit in this Court against Secretary Boockvar, as well as the County Boards of Elections for the following counties: Allegheny, Centre, Chester, Delaware, Montgomery, Northampton, and Philadelphia.28 The original complaint raised seven counts; two equal-protection claims, two due-process claims, and three claims under the Electors and Elections Clauses.29 The following day, I convened a telephonic status conference with the parties to schedule future proceedings. During that conference, I learned that several organizations, including the Democratic National Committee, sought to file                                                              27 Doc. 131 (denied). 28 See Doc. 1. 29 Id. Case 4:20-cv-02078-MWB Document 202 Filed 11/21/20 Page 7 of 37 - 8 - intervention motions with the Court. Later that day, I set a briefing schedule.30 Additionally, November 17, 2020 was set aside for oral argument on any motions to dismiss, and the Court further told the parties to reserve November 19, 2020 in their calendars in the event that the Court determined that an evidentiary hearing was necessary. Subsequent to the Court’s scheduling order, the proposedintervenors filed their motions, and the parties filed their briefings. Plaintiffs then filed a motion for a preliminary injunction on November 12, 2020.31 On November 12, 2020, Plaintiffs also underwent their first change in counsel. Attorneys Ronald L. Hicks, Jr., and Carolyn B. McGee with Porter Wright Morris & Arthur LLP filed a motion seeking to withdraw from the case. The Court granted this motion, and Plaintiffs retained two attorneys from Texas, John Scott and Douglas Brian Hughes, to serve as co-counsel to their original attorney, Linda A. Kerns. The next day, November 13, 2020, was a relatively quiet day on the docket for this case, but an important one for the parties. That day, the United States Court of Appeals for the Third Circuit issued a decision in Bognet v. Secretary Commonwealth of Pennsylvania. 32 This decision, though not factually connected                                                              30 See Doc. 35. 31 Doc. 89. 32 No. 20-3214, 2020 WL 6686120 (3d Cir. Nov. 13, 2020) (pending publication). Case 4:20-cv-02078-MWB Document 202 Filed 11/21/20 Page 8 of 37 - 9 - to this matter, addressed issues of standing and equal protection relevant to the Plaintiffs’ claims.33 Thereafter, on Sunday, November 15, 2020 – the day Plaintiffs’ response to Defendants’ motions to dismiss was due – Plaintiffs filed a First Amended Complaint (the “FAC”) with the Court. This new complaint excised five of the seven counts from the original complaint, leaving just two claims: one equalprotection claim, and one Electors and Elections Clauses claim.34 In addition, a review of the redline attached to the FAC shows that Plaintiffs deleted numerous allegations that were pled in the original complaint. Plaintiffs acknowledge that under the Third Circuit’s decision in Bognet, this Court cannot find that Plaintiffs have standing for their Elections and Electors Clauses claim in the FAC. Plaintiffs represent that they have included this claim in the FAC to preserve the argument for appellate review. Because Plaintiffs have made this concession, and because the Third Circuit’s decision in Bognet is clear, this Court dismisses Count II for lack of standing without further discussion. Defendants filed new motions to dismiss and briefs in support thereof on November 16, 2020. That evening, less than 24 hours before oral argument was to begin, Plaintiffs instituted a second series of substitutions in counsel. Ms. Kerns,                                                              33 For example, Bognet held that only the General Assembly had standing to raise claims under the Elections and Electors Clauses. Id. at *7. This ruling effectively shut the door on Plaintiffs’ allegations under those clauses of the Constitution. 34 Doc. 125. Case 4:20-cv-02078-MWB Document 202 Filed 11/21/20 Page 9 of 37 - 10 - along with Mr. Scott and Mr. Hughes, requested this Court’s permission to withdraw from the litigation. I granted the motions of the Texan attorneys because they had been involved with the case for approximately seventy-two hours. Because oral argument was scheduled for the following day, however, and because Ms. Kerns had been one of the original attorneys in this litigation, I denied her request. I believed it best to have some semblance of consistency in counsel ahead of the oral argument. That evening, attorney Marc A. Scaringi entered an appearance on behalf of Plaintiffs. Furthermore, Mr. Scaringi asked the Court to postpone the previously-scheduled oral argument and evidentiary hearing. The Court denied Mr. Scaringi’s motion for a continuance; given the emergency nature of this proceeding, and the looming deadline for Pennsylvania counties to certify their election results, postponing those proceedings seemed imprudent. On November 17, 2020, the Court prepared to address the parties in oral argument. That morning, attorney Rudolph W. Giuliani entered his appearance on behalf of Plaintiffs. With this last-minute appearance, Plaintiffs had made their final addition to their representation.35 At the conclusion of the argument, I determined that an evidentiary hearing (previously scheduled to take place on November 19, 2020) was no longer needed and cancelled that proceeding. Instead, I imposed a new briefing schedule in light of the FAC’s filing, which arguably                                                              35 Ms. Kerns has since withdrawn from the case. Case 4:20-cv-02078-MWB Document 202 Filed 11/21/20 Page 10 of 37 - 11 - mooted the initial motions to dismiss. The parties submitted briefing on the issues.36

[HenryJames 66052]

 

[SameSame 1704]

17 minutes ago, Gil Bang said:

haha

 

 

Although this case was initiated less than two weeks ago, it has already developed its own tortured procedural history. Plaintiffs have made multiple attempts at amending the pleadings, and have had attorneys both appear and withdraw in a matter of seventy-two hours. There have been at least two perceived discovery disputes, one oral argument, and a rude and ill-conceived voicemail which distracted the Court’s attention from the significant issues at hand.27 The Court finds it helpful to place events in context before proceeding further. In the evening of November 9, 2020, Plaintiffs filed suit in this Court against Secretary Boockvar, as well as the County Boards of Elections for the following counties: Allegheny, Centre, Chester, Delaware, Montgomery, Northampton, and Philadelphia.28 The original complaint raised seven counts; two equal-protection claims, two due-process claims, and three claims under the Electors and Elections Clauses.29 The following day, I convened a telephonic status conference with the parties to schedule future proceedings. During that conference, I learned that several organizations, including the Democratic National Committee, sought to file                                                              27 Doc. 131 (denied). 28 See Doc. 1. 29 Id. Case 4:20-cv-02078-MWB Document 202 Filed 11/21/20 Page 7 of 37 - 8 - intervention motions with the Court. Later that day, I set a briefing schedule.30 Additionally, November 17, 2020 was set aside for oral argument on any motions to dismiss, and the Court further told the parties to reserve November 19, 2020 in their calendars in the event that the Court determined that an evidentiary hearing was necessary. Subsequent to the Court’s scheduling order, the proposedintervenors filed their motions, and the parties filed their briefings. Plaintiffs then filed a motion for a preliminary injunction on November 12, 2020.31 On November 12, 2020, Plaintiffs also underwent their first change in counsel. Attorneys Ronald L. Hicks, Jr., and Carolyn B. McGee with Porter Wright Morris & Arthur LLP filed a motion seeking to withdraw from the case. The Court granted this motion, and Plaintiffs retained two attorneys from Texas, John Scott and Douglas Brian Hughes, to serve as co-counsel to their original attorney, Linda A. Kerns. The next day, November 13, 2020, was a relatively quiet day on the docket for this case, but an important one for the parties. That day, the United States Court of Appeals for the Third Circuit issued a decision in Bognet v. Secretary Commonwealth of Pennsylvania. 32 This decision, though not factually connected                                                              30 See Doc. 35. 31 Doc. 89. 32 No. 20-3214, 2020 WL 6686120 (3d Cir. Nov. 13, 2020) (pending publication). Case 4:20-cv-02078-MWB Document 202 Filed 11/21/20 Page 8 of 37 - 9 - to this matter, addressed issues of standing and equal protection relevant to the Plaintiffs’ claims.33 Thereafter, on Sunday, November 15, 2020 – the day Plaintiffs’ response to Defendants’ motions to dismiss was due – Plaintiffs filed a First Amended Complaint (the “FAC”) with the Court. This new complaint excised five of the seven counts from the original complaint, leaving just two claims: one equalprotection claim, and one Electors and Elections Clauses claim.34 In addition, a review of the redline attached to the FAC shows that Plaintiffs deleted numerous allegations that were pled in the original complaint. Plaintiffs acknowledge that under the Third Circuit’s decision in Bognet, this Court cannot find that Plaintiffs have standing for their Elections and Electors Clauses claim in the FAC. Plaintiffs represent that they have included this claim in the FAC to preserve the argument for appellate review. Because Plaintiffs have made this concession, and because the Third Circuit’s decision in Bognet is clear, this Court dismisses Count II for lack of standing without further discussion. Defendants filed new motions to dismiss and briefs in support thereof on November 16, 2020. That evening, less than 24 hours before oral argument was to begin, Plaintiffs instituted a second series of substitutions in counsel. Ms. Kerns,                                                              33 For example, Bognet held that only the General Assembly had standing to raise claims under the Elections and Electors Clauses. Id. at *7. This ruling effectively shut the door on Plaintiffs’ allegations under those clauses of the Constitution. 34 Doc. 125. Case 4:20-cv-02078-MWB Document 202 Filed 11/21/20 Page 9 of 37 - 10 - along with Mr. Scott and Mr. Hughes, requested this Court’s permission to withdraw from the litigation. I granted the motions of the Texan attorneys because they had been involved with the case for approximately seventy-two hours. Because oral argument was scheduled for the following day, however, and because Ms. Kerns had been one of the original attorneys in this litigation, I denied her request. I believed it best to have some semblance of consistency in counsel ahead of the oral argument. That evening, attorney Marc A. Scaringi entered an appearance on behalf of Plaintiffs. Furthermore, Mr. Scaringi asked the Court to postpone the previously-scheduled oral argument and evidentiary hearing. The Court denied Mr. Scaringi’s motion for a continuance; given the emergency nature of this proceeding, and the looming deadline for Pennsylvania counties to certify their election results, postponing those proceedings seemed imprudent. On November 17, 2020, the Court prepared to address the parties in oral argument. That morning, attorney Rudolph W. Giuliani entered his appearance on behalf of Plaintiffs. With this last-minute appearance, Plaintiffs had made their final addition to their representation.35 At the conclusion of the argument, I determined that an evidentiary hearing (previously scheduled to take place on November 19, 2020) was no longer needed and cancelled that proceeding. Instead, I imposed a new briefing schedule in light of the FAC’s filing, which arguably                                                              35 Ms. Kerns has since withdrawn from the case. Case 4:20-cv-02078-MWB Document 202 Filed 11/21/20 Page 10 of 37 - 11 - mooted the initial motions to dismiss. The parties submitted briefing on the issues.36

Since that is federal court, is the public release of that voice mail covered under the freedom of information act? ...cuz I wanna hear it

[JimmyJames 12271]

21 minutes ago, DigDug said:

 

I read the whole thing. Trumps lawsuits are frivolous and this is going nowhere. Biden won. Trumpkins can and should go fuck themselves.

[henrygandorf 29191]

24 minutes ago, Ted Lange said:

Trumps America 

 

[South Austin 52500]

31 minutes ago, DigDug said:

 

What did I miss with the second victory? I know about the one “win” where they got an order against counting ballots that had been set aside and not actually counted. What’s the second?

[BradInATX 9208]

As funny as the GOP eating its own tail is, it's also a bit frightening. For example if the Georgia governor and SOS end up primaried or losing next time around, the takeaway will be that they were RINOs who played the election fairly and legally.

Whoever replaces them probably won't do the same. Party over country in a truly terrifying manner.

[RomaVicta 29907]

27 minutes ago, Ted Lange said:

Trumps America 

 

I'll taking Reaping the Whirlwind for $200, Alex (RIP).

Nice to know that the GOPs likely won't survive the jaws of the hate engine they created and set lose on the rest of us.

[Neonmoon 38129]

Can I pay money to watch that judges comments be read to Guiliani and Trump?

[JimmyJames 12271]

1 minute ago, BradInATX said:

As funny as the GOP eating its own tail is, it's also a bit frightening. For example if the Georgia governor and SOS end up primaried or losing next time around, the takeaway will be that they were RINOs who played the election fairly and legally.

Whoever replaces them probably won't do the same. Party over country in a truly terrifying manner.

Since it’s a Nazi type Party this result is inevitable anyway. The GOP must be eradicated because it’s entire mission now is to destroy democracy in America.

[TwiceHorn 31470]

9 minutes ago, SameSame said:

Since that is federal court, is the public release of that voice mail covered under the freedom of information act? ...cuz I wanna hear it

It was not made part of the record, as far as I can tell.  And, generally speaking, court records are not subject to FOIA requests.

[RomaVicta 29907]

32 minutes ago, DigDug said:

 

Down here in Idiot World, Trump will point out that it was dismissed with "PREJUDICE!!!"

The Real D Trump

Never Trumpers openly showing there PREJUDICE!!! Enemies of the State. Stop standing by. DO SOMETHING!!!!! Be proud boys, okay?

[Guest]

33 minutes ago, Ted Lange said:

Trumps America 

 

That might be the best thing they've ever done.  It needs destroying.

Their motivation is all fucked up, for sure.  I don't really give a fuck about their feelings though.

[Pato del Muerto 52498]

1 minute ago, JimmyJames said:

Since it’s a Nazi type Party this result is inevitable anyway. The GOP must be eradicated because it’s entire mission now is to destroy democracy in America.

A Republican Party fracture is probably what’s best for America. The loonies won’t be large enough in number to win too many large elections, and the more sane side will have to run to center to pull enough independents to win anything. 
It’s far and away the best outcome of all of this circus, so it’s also probably the least likely outcome. 

[Underdog 28632]

Where's Harlan and Briscoe in all of this?  

[Guest]

10 minutes ago, Neonmoon said:

Can I pay money to watch that judges comments be read to Guiliani and Trump?

This would be must-see TV, regardless of affiliation...

 

[TwiceHorn 31470]

52 minutes ago, Gil Bang said:

 

That friends is a 

A first-class dooky stomping.

And, although the judge was dismissive of the Trumpco claims, I did not see what appeared to be "pre-sanction" language.  The undercurrent or subtext of ire seems to be directed at persons not appearing before the court.

Edited November 22, 2020 by TwiceHorn

[washparkhorn 9939]

11 minutes ago, Underdog said:

Where's Harlan and Briscoe in all of this?  

 

 

[TXSG8R 3362]

I think hoping for the GOP to fracture is wishful thinking. The tea party tilted to the freedom caucus. The freedom caucus is now tilting to Qanon. The problem is the evangelicals/abortion voters really don’t give a shit about everything else, the GOP says they will stop dead babies so they have that block of voters locked up. They also live in echo chambers so even if there was a competing message that might sway them, they will never hear it. The Rs attacks on science and the media have been very effective in that regard. 

[Gil Bang 25957]

 

[BradInATX 9208]

A Republican Party fracture is probably what’s best for America. The loonies won’t be large enough in number to win too many large elections, and the more sane side will have to run to center to pull enough independents to win anything. 
It’s far and away the best outcome of all of this circus, so it’s also probably the least likely outcome. 

Save Romney who has his own unique situation in Utah, Anyone who has opposed Trump is either unemployed or has bent the knee. The battle for the GOP has already been fought and it was complete annihilation.

This is the face of the "traditional" GOP now and for the foreseeable future:

[Gatorubet 30238]

Christ.
That one looks kind of scary.  It contends that PA's election law amendments in 2019 and 2020 that created no-excuse mail/absentee voting conflict with their constitution.  Facially, it seems quite plausible.  Their lege proposed and approved such an amendment, but it has to go through two terms of congress and a popular vote, which it has not.
Little bit late, though.

They need to get someone from the flat earth party to sue to invalidate every election since Act 77 - overturning all election results - then move to consolidate with the GOP suit.

Just to highlight the futility of it ex-post Gritty.

[tantric superman 4667]

I too, acknowledge latches.

[HenryJames 66052]

 

[Ted Lange 16085]

10 minutes ago, BradInATX said:

Save Romney who has his own unique situation in Utah, Anyone who has opposed Trump is either unemployed or has bent the knee. The battle for the GOP has already been fought and it was complete annihilation.

This is the face of the "traditional" GOP now and for the foreseeable future:

Yep.   ZERO % chance of a non Trump sycophant winning a primary.   They are all gonna be contest of who loves Trump more.   Pathetic 

[TexEx15 17528]

 

[TwiceHorn 31470]

The other rather delicious thing about that dismissal is that it is almost exclusively the result of bad lawyering.  Especially where the individual plaintiffs didn't sue the counties that invalidated their votes with the lack of notice and cure, instead suing the counties that implemented notice and cure.

With the evidentiary failures that characterize most of these, it's just lawyers working with what they've got (and making outrageous remedy requests).  This is poor lawyering.  But they both come from the same place.

Edited November 22, 2020 by TwiceHorn

[tantric superman 4667]

So, I'm starting to feel just a bit of confidence that Joe Biden won the election. 

Just a scintilla, as the  lawyers say.

[Tom 2959]

46 minutes ago, BradInATX said:

Save Romney who has his own unique situation in Utah, Anyone who has opposed Trump is either unemployed or has bent the knee. The battle for the GOP has already been fought and it was complete annihilation.

This is the face of the "traditional" GOP now and for the foreseeable future:

 

Word on the street is Scott Baio wants to move to Utah and primary Romney.

[Francisco 2.0 32392]

 

 

[Gil Bang 25957]

15 minutes ago, Tom said:

 

Word on the street is Scott Baio wants to move to Utah and primary Romney.

If by "word on the street" you mean "Chachi tweeted it", then I agree with you.

[Tom 2959]

3 minutes ago, Gil Bang said:

If by "word on the street" you mean "Chachi tweeted it", then I agree with you.

 

Well, then it looks like we are in agreement.

Edited November 22, 2020 by Tom

[DigDug 1669]

 

[Gil Bang 25957]

 

[Gil Bang 25957]

 

[TwiceHorn 31470]

5 minutes ago, Gil Bang said:

 

That statement, being tied a little more closely to criticism of the courts in relation to a specific decision, may be getting closer to something state-bar sanctionable.

[DigDug 1669]

 

[JimmyJames 12271]

21 minutes ago, Gil Bang said:

 

Extra smelly fart noises. Sorry about that. 
 

pffffffffffffffffffffffffffffffffff

[Js1 85336]

37 minutes ago, Francisco 2.0 said:

 

 

Same investigators he sent to Hawaii for the REAL Obama birth certificate?

We’ll be waiting a decade I guess 

[Js1 85336]

17 minutes ago, DigDug said:

 

 

[JimmyJames 12271]

This is done folks. You can go home now.

[DigDug 1669]

5 minutes ago, Js1 said:

 

Toomey is a RINO tweet incoming in ..3..2..1...

[UpperWestside 6163]

2 hours ago, Ted Lange said:

Trumps America 

 

Oh, cool! Be sure and completely ignore both senatorial elections in January to really drive home the point Trumpkins!

[Js1 85336]

5 minutes ago, DigDug said:

Toomey is a RINO tweet incoming in ..3..2..1...

 

[TexArcher 37774]

2 hours ago, Ted Lange said:

Trumps America 

 

No.  Stop.  Don't.  That would be so tragic.

[Neonmoon 38129]

Dear Kansas City Law dogs,

Does the third circuit appeals court even have to hear the case since it’s so bunk? Can they just deny? Or is this going to the SCOTUS no matter what?

[Biff Tannen 45684]

3 minutes ago, Js1 said:

 

Lol. “I still love you Dotard!  Don’t talk bad about me!!”

[Gil Bang 25957]

7 minutes ago, Biff Tannen said:

Lol. “I still love you Dotard!  Don’t talk bad about me!!”

that's exactly what it was.  Fucking pussies are terrified of the fat orange fuck