Goddamn it, Texas, I don't have time for this today.
Fine. Fine. A brief thread. (Yesterday I said I'd do a brief thread on the Michigan decision and finished an hour and a half later. Can't let this be that, today).
1) Violation of the Electors Clause of the Constitution ("the Constitution gives state legislatures exclusive control of the manner of selecting electors and judicial action can't change it)
2) "Counties applied different rules"
That's it. That's the case
The core of their complaint is that when the Constitution gives state legislatures the right to direct the "Manner" of appointing electors, that right is exclusive, and the "Manner" set by the legislature can't be varied *at all* by courts or executives
First, Congress already set the day for choosing electors as November 3. No state can choose electors on any subsequent date
And if the delegation of "Manner" to state legislatures means that state courts can't, for example, extend ballot receipt deadlines because the delegation is EXCLUSIVE and only state legislatures can set those rules, then ...
More from Akiva Cohen
Folks, this is the single dumbest election lawsuit of the entire cycle, and I've read kraken filings front to back. https://t.co/PLHTf7HhbM
— Akiva Cohen (@AkivaMCohen) December 22, 2020
Here's the decision. Some highlights follow
Pretty sure I said this, using slightly different words!
Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be
You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
Hi, #Squidigation fans. New developments in the Michigan tentacle. Driving little man to school this morning, but we can talk about it when I get back https://t.co/m6GxK7g5T1
— Akiva Cohen (@AkivaMCohen) December 7, 2020
First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here
There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"
In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past
I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
\U0001f6a8BREAKING: Trump files new federal court lawsuit in Wisconsin challenging the results of the election.https://t.co/LfKb2PUIkq
— Marc E. Elias (@marceelias) December 3, 2020
Not, I hope, Seth Abramson long. But will see.
I apologize in advance to my wife, who would very much prefer I be billing time (today's a light day, though) and to my assistant, to whom I owe some administrative stuff this will likely keep me from 😃
First, some background. Trump's suit essentially tries to Federalize the Wisconsin Supreme Court complaint his campaign filed, which we discussed here.
OK, #squidigation fans. This is a new Wisconsin case not filed by the Krake[n/d] team of Powell and Wood and NOT focusing on wild conspiracy theories. It's a competent and professional filing that raises things that would be real issues ... if you don't understand why they aren't https://t.co/ETvUiWV5du
— Akiva Cohen (@AkivaMCohen) December 1, 2020
If you haven't already, go read that thread. I'm not going to be re-doing the same analysis, and I'm not going to be cross-linking to that discussion as we go. (Sorry, I like you guys, and I see this as public service, but there are limits)
Also, @5DollarFeminist has a good stand-alone thread analyzing the new Federal complaint - it's worth reading as well, though some of the analysis will overlap.
Every one of these Trump election suits is the same gobbledygook garbage barge:
— Liz Dye (@5DollarFeminist) December 3, 2020
FRAUD!
It coulda happened.
Well, no, we can't prove it.
But just to be safe, best let the gerrymandered legislature give us all the electoral votes!https://t.co/Z926668H05 pic.twitter.com/xGZsJKIO7Y
Here's the meat of their intro: Amazon isn't being fair to us. They're holding us to a higher standard than Twitter - they say we allow violent content, but look what Twitter does!
There are a few problems with this approach. First, there's a factual problem: Twitter and Parler take very different approaches to moderation. Hell, *that's Parler's entire pitch.* So "we're the same as Twitter, why are you treating us different" isn't going to fly
ALSO, the hashtag was mostly people saying "these folks are calling to hang Mike
Five minutes of scrolling a search for #hangmikepence, a gallery: pic.twitter.com/40hsyJNK50
— Jawafawa (@jawafawa) January 11, 2021
And ALSO also, did anyone notice any prominent right wingers complaining about losing tens of thousands of followers yesterday? You know why they did? Because Twitter has been active in deleting accounts that violate its TOS
More from Politics
This is part of a pattern that as detailed by Mueller, and has been proven by reputable studies since then. Here are parts of an Oxford report on the goals of the ongoing social media operations of Russia. https://t.co/qapD8Eh2SQ
Here's some from a search of your TL
— \U0001d679\U0001d698\U0001d691\U0001d697 \U0001d686\U0001d68e\U0001d69c\U0001d695\U0001d68e\U0001d6a2 (@thepalemoonlt) April 21, 2021
Uses of the word prison before today: 13.
Tweets for specifically suggesting abolishing prison prior to today: 1 on 06/03/2020
Mentions of prison and abolishing it today: 8
Of all the times to speak out, Why did you choose to now? https://t.co/kl7gx7ky2H
https://t.co/nJPPOwF1MA
The full report can be found here.
https://t.co/1q525xWYZE
Excertps from the 2019 Senate Intelligence Committee Report on Russian Actove Measures Campaigns and Interference:
Also form the Senate Intelligence Committee report
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Some random interesting tidbits:
1) Zuck approves shutting down platform API access for Twitter's when Vine is released #competition
2) Facebook engineered ways to access user's call history w/o alerting users:
Team considered access to call history considered 'high PR risk' but 'growth team will charge ahead'. @Facebook created upgrade path to access data w/o subjecting users to Android permissions dialogue.
3) The above also confirms @kashhill and other's suspicion that call history was used to improve PYMK (People You May Know) suggestions and newsfeed rankings.
4) Docs also shed more light into @dseetharaman's story on @Facebook monitoring users' @Onavo VPN activity to determine what competitors to mimic or acquire in 2013.
https://t.co/PwiRIL3v9x