And I doubt I've acquired enough maturity since my younger birther-watching days to ignore these. So, yes, at least for cases with public dockets, I'm here.
Good morning, electoral lunacy followers. Welcome to what I suspect will be the 2020 equivalent of the Orly Taitz litigation: Sidney Powell Sues Everoyen For LAL Of Teh ThInGs
This is the first of what will (hopefully) be a limited number of #Kraken-related threads.
And I doubt I've acquired enough maturity since my younger birther-watching days to ignore these. So, yes, at least for cases with public dockets, I'm here.
This may be because there are parallel Quorts not in the system but maybe it just didn't get filed.
When last we left the heroic #Kraken, we were looking at a cover page that spelled "district" two different ways and sues the Board Ofstate Canvassers. Let's see where we go from here.
Oh joy.
She's assuming that the reader lives on her planet.
Also, I wonder what makes Detroit "especially egregious."
So it looks like they finally found a lawyer unethical enough to sign a pleading with this stuff.
I will be *delighted* if defense lawyers snarkily request that the court take judicial notice that Hugo Chavez has been dead for 7 years.
I'll be right back - I've got to go look at Exhibit 1 and see who this is, because if there's a deposition it's gonna be lit.
Her leadoff document, which documents an alleged international conspiracy, doesn't disclose who the affiant IS?
The American justice system is adversarial. That is a fundamental thing. It's like trial by combat but with less blood and more snark.
This means that the opposing party gets to - and this is important - challenge your testimony.
* the final half of that stands for "of my court room." You should be able to get the rest.
So we've got a nameless affiant - actually, that should be 'affiant,' the scare quotes are virtually mandatory - alleging that Smartmatic engaged in a conspiracy with Chavez.
Did she submit a declaration?
I do note that the exhibit numbering seems to go "8, 9, 10, 101, 102" which might be a numbering system somewhere but if so I don't know where.
Neither scenario gives rise to a claim of any kind.
And it's printed in landscape. Badly.
Courts just love that.
More from Mike Dunford
Election Litigation Update: DC - the "let's sue the Electoral College" case.
This is a bit surprising, given that as of last time I checked nobody had been served and no appearance had been entered. I suspect it's an effort to make sure the case isn't "pending" on the 6th.
And, sure enough, still no proof of service on ANY defendant, still no appearance from defense counsel. And this is denying the motion for preliminary injunction but does NOT dismiss the case - which is potentially ominous for plaintiff's counsel.
This isn't a "happy judge" kind of first paragraph. Not even a little bit. Nope.
Y'all, this isn't even directed within a few hundred miles of my direction and I sill just instinctively checked to make sure that there's room for me to hide under my desk if I have to - this is a very not happy, very federal, very judge tone.
Also - the judge just outright said there's a bunch of reasons for dismissal. And not in "might be" terms. In definite fact ones. But the case isn't dismissed yet.
If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
This is a bit surprising, given that as of last time I checked nobody had been served and no appearance had been entered. I suspect it's an effort to make sure the case isn't "pending" on the 6th.
Link: https://t.co/oOJZD1F4x2
— Brad Heath (@bradheath) January 4, 2021
And, sure enough, still no proof of service on ANY defendant, still no appearance from defense counsel. And this is denying the motion for preliminary injunction but does NOT dismiss the case - which is potentially ominous for plaintiff's counsel.
This isn't a "happy judge" kind of first paragraph. Not even a little bit. Nope.
Y'all, this isn't even directed within a few hundred miles of my direction and I sill just instinctively checked to make sure that there's room for me to hide under my desk if I have to - this is a very not happy, very federal, very judge tone.
Also - the judge just outright said there's a bunch of reasons for dismissal. And not in "might be" terms. In definite fact ones. But the case isn't dismissed yet.
If I was plaintiffs counsel, I'd definitely be clearing under my desk right now, and possibly also my underwear.
I've been trying to think that through - not just legally, but judicially.
The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.
On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.
That's the easy part. Now for the nuttier side - the logistics.
The more thinking I do the less serious - and more ludicrous - the entire thing looks. And the more obvious it becomes that this is the proposal of deeply unwell individuals who are not thinking clearly.
Can you game out where it would go it theoretically Trump did enact some EO demanding the impounding of voting machines? As that\u2019s clearly the game. Like he signs it, then what? Do marshals listen or refuse? Do states sue and get an emergency injunction and that\u2019s the end?
— Bryan Duva (@duva60) December 21, 2020
On the legal side, I read through the list of emergency powers - the whole list - that was assembled by the Brennan Center. Nothing on that list fits. Nothing comes even
It seems extraordinarily unlikely that any executive order along the lines of what has been discussed would be legal. In this case, it can be taken as a given that one or more targeted jurisdictions would dash right off to the courthouse.
Standing would not, it should go without saying, be likely to be an issue. I doubt redressability would either. I think it's very likely that restraining orders and injunctions would be swiftly issued.
That's the legal side, to the extent it's possible to speculate on that at all at this point. Basically, there's no readily apparent legal basis for such a thing, so it probably wouldn't be legal.
That's the easy part. Now for the nuttier side - the logistics.
Election Litigation Thread - Georgia:
OK, so since my attempt to sit back while Akiva does all the work of going through the latest proof that not only the pro se have fools for lawyers has backfired, let's take a stroll through the motion for injunctive relief.
At the start, I'd note that the motion does not appear to be going anywhere fast - despite the request that they made over 80 hours ago to have the motion heard within 48 hours.
The most recent docket entries are all routine start-of-case stuff.
Why isn't it going anywhere quickly? Allow me to direct your attention to something that my learned colleague Mr. Cohen said
Now I'm not a litigator, but if I had an emergency thing that absolutely had to be heard over a holiday weekend, I'd start by reading the relevant part of the local rules for the specific court in which I am filing my case.
In this case, this bit, in particular, seems relevant:
My next step, if I had any uncertainty at all, would be to find and use the court's after-hours emergency contact info. I might have to work some to find it, but it'll be there. Emergencies happen; there are procedures for them.
And then I'd do exactly what they tell me to do.
OK, so since my attempt to sit back while Akiva does all the work of going through the latest proof that not only the pro se have fools for lawyers has backfired, let's take a stroll through the motion for injunctive relief.
They've also got a brief in support of their injunction motion, but I've got client work that needs doing. Hopefully @questauthority has you covered
— Akiva Cohen (@AkivaMCohen) January 4, 2021
At the start, I'd note that the motion does not appear to be going anywhere fast - despite the request that they made over 80 hours ago to have the motion heard within 48 hours.
The most recent docket entries are all routine start-of-case stuff.
Why isn't it going anywhere quickly? Allow me to direct your attention to something that my learned colleague Mr. Cohen said
Folks, judges DO NOT read complaints or petitions when they are filed, and they DO NOT just up and act on the "requests for relief". If you want something, you need to actually ask the court for it by a motion, not just put it in your "here's what we want if we win" section
— Akiva Cohen (@AkivaMCohen) January 4, 2021
Now I'm not a litigator, but if I had an emergency thing that absolutely had to be heard over a holiday weekend, I'd start by reading the relevant part of the local rules for the specific court in which I am filing my case.
In this case, this bit, in particular, seems relevant:
My next step, if I had any uncertainty at all, would be to find and use the court's after-hours emergency contact info. I might have to work some to find it, but it'll be there. Emergencies happen; there are procedures for them.
And then I'd do exactly what they tell me to do.
More from Politics
Handy guide for Dominic Raab and other Brexiteers, and for anyone keen to replace our EU trade with trade with the rest of the world on WTO terms...
You can't magic away the vast distances involved. Clue: we fly in only 1/192th of our trade compared to the amount that arrives via sea
But even if you invented a teleporter tomorrow, WTO terms are so bad, so stacked against us, that a no-deal Brexit will be a total economic disaster
And while the Brexiteers fantasise, real jobs are being lost, investments are drying up, companies are moving assets to the EU27 or redomiciling. All already happened and happening right now, not in some mythical
Of course, there are many, many myths that Brexiteers perpetuate that are total fiction. You've seen a couple of them already. The thread below busts a whole lot
You can't magic away the vast distances involved. Clue: we fly in only 1/192th of our trade compared to the amount that arrives via sea
In 2016, the UK transported 484,000,000 tons of freight by sea, but just 2,511,000 tons by air (192x less than by sea). Therefore absurd to think of simply substituting air freight for sea freight (e.g. if we have to fly in food or medicines because of post-Brexit jams at ports)
— Edwin Hayward (@uk_domain_names) October 28, 2018
But even if you invented a teleporter tomorrow, WTO terms are so bad, so stacked against us, that a no-deal Brexit will be a total economic disaster
Here's the truth about Brexit, the "punishment" some people claim the EU wants to inflict on us, the full horrific consequences of no deal, and the dangers lurking behind any deal we reach. Buckle in, it's pretty long. Better to be thorough than to leave anything out. 1/47
— Edwin Hayward (@uk_domain_names) October 14, 2018
And while the Brexiteers fantasise, real jobs are being lost, investments are drying up, companies are moving assets to the EU27 or redomiciling. All already happened and happening right now, not in some mythical
Ok, it's high time to look at the REAL effects of Brexit. As the Tories implode & Labour sits on its hands, companies are executing contingency plans, shifting jobs & assets, slashing investments, or redomiciling (accounting exercise). Happening NOW, not in a fantasy future. 1/95
— Edwin Hayward (@uk_domain_names) November 14, 2018
Of course, there are many, many myths that Brexiteers perpetuate that are total fiction. You've seen a couple of them already. The thread below busts a whole lot
Unicorn Shredder: Hard Brexit Truths
— Edwin Hayward (@uk_domain_names) November 15, 2018
- The major economic harm Brexit is already inflicting on the UK
- Reality of "no deal" & WTO terms
- EU "punishment" narrative
- Endangered industries: automotive & haulage
+ much, much more...
(Each tweet is a self-contained thread.)
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👨💻 Last resume I sent to a startup one year ago, sharing with you to get ideas:
- Forget what you don't have, make your strength bold
- Pick one work experience and explain what you did in detail w/ bullet points
- Write it towards the role you apply
- Give social proof
/thread
"But I got no work experience..."
Make a open source lib, make a small side project for yourself, do freelance work, ask friends to work with them, no friends? Find friends on Github, and Twitter.
Bonus points:
- Show you care about the company: I used the company's brand font and gradient for in the resume for my name and "Thank You" note.
- Don't list 15 things and libraries you worked with, pick the most related ones to the role you're applying.
-🙅♂️"copy cover letter"
"I got no firends, no work"
One practical way is to reach out to conferences and offer to make their website for free. But make sure to do it good. You'll get:
- a project for portfolio
- new friends
- work experience
- learnt new stuff
- new thing for Twitter bio
If you don't even have the skills yet, why not try your chance for @LambdaSchool? No? @freeCodeCamp. Still not? Pick something from here and learn https://t.co/7NPS1zbLTi
You'll feel very overwhelmed, no escape, just acknowledge it and keep pushing.
- Forget what you don't have, make your strength bold
- Pick one work experience and explain what you did in detail w/ bullet points
- Write it towards the role you apply
- Give social proof
/thread
"But I got no work experience..."
Make a open source lib, make a small side project for yourself, do freelance work, ask friends to work with them, no friends? Find friends on Github, and Twitter.
Bonus points:
- Show you care about the company: I used the company's brand font and gradient for in the resume for my name and "Thank You" note.
- Don't list 15 things and libraries you worked with, pick the most related ones to the role you're applying.
-🙅♂️"copy cover letter"
"I got no firends, no work"
One practical way is to reach out to conferences and offer to make their website for free. But make sure to do it good. You'll get:
- a project for portfolio
- new friends
- work experience
- learnt new stuff
- new thing for Twitter bio
If you don't even have the skills yet, why not try your chance for @LambdaSchool? No? @freeCodeCamp. Still not? Pick something from here and learn https://t.co/7NPS1zbLTi
You'll feel very overwhelmed, no escape, just acknowledge it and keep pushing.
