BC POLITICS
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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.
Yikes. Ouch.

Judge calling out the length of your filing by both page count and number of footnotes is very much the same energy as your mother using your full name, middle name included, at you. At volume.
Oh dear. This is very unhappy judge energy.
Did they think the judge would not notice that they hadn't filed anything?
This is pure boilerplate. I'm a little - but only a little - surprised that there's nothing added to cover the judge's right to deny without the other parties being served or appearing.
I literally just swore out loud when I read this. Brutal.
Right - very much no standing.
I think I mentioned when I took my initial look at this stupidity that I thought there were some personal jurisdiction issued. Looks like I'm not the only one who noticed that.
I will admit that I didn't refer to the whole "post-election certification" thing as "flat-out wrong." I mostly went with "made-up" or various expletives. But flat-out wrong definitely works.
It's a seriously dumb lawsuit with a weapons-grade dumb legal theory, and the judge most definitely noticed.
"Somewhere between a willful misreading of the Constitution and fantasy." True. Harsh, but true.
Ooh. No, nope, no. Not what you want judge to say about you nope.
Yup. Mention of sanctions - and a "I'll decide when this wraps up what to do with you."
So, what are plaintiffs' options?

Honestly, I don't know. They can, of course, run to the DC Circuit right now if they want - denial of injunctive relief is immediately appealable.

But that would be EXCEPTIONALLY stupid.
With nobody served, no injunctive relief can be granted under the federal rules, so it's not like an appeal can accomplish anything. Best they get is an order telling a now-more-pissed off judge to let them serve and try again.
Next option is to voluntarily dismiss. That might be the right option and what the judge wants to happen. Or it might give the judge reason to say "yup, bad faith'' and slam the hammer down. Or both. Or neither.
Or they can plow ahead and attempt service.

Those are the things they can do.

What they probably will do is something so dumb I didn't even think of it.

More from Mike Dunford

Mike Dunford
Mike Dunford
@questauthority
Election Litigation Update - Gohmert.

Reply brief is in. Let's have a look. They are, mercifully, underlength. They had 50 pages available, the PDF is 43 and some of that is cover page, signatures,

Interesting table of contents. Looks like they're packing a lot in, until you realize that much of the material that's important - like their response to the "you sued the wrong person" material and "injury in fact" take up very little space.


Looks like they decided to skip the table of authorities. Presumably GoogleDocWord ate it too bad for them to fix. This will certainly further endear them to the judge.


This is going to be interesting - leading off a reply brief with a "here's what our cause is about" is certainly a strategy. It's even a bold strategy.

Shall we dig deeper, Cotton?


"We live in a democratic republic in which the Vice President, who will more often than not be a candidate in the election, has the sole and unchallengeable power to decide who wins the election" is a hellofa take.
POLITICS
Mike Dunford
Mike Dunford
@questauthority
Good morning, all. There's a little bit of news out of Michigan already this morning - it looks like Judge Parker wanted to start the work week this week with unnecessary and stupid distractions cleared away.

So she dismissed the MI Kraken tentacle sometime after midnight.


It a 36-page opinion.

And it starts out strong.


ACK - my bad -

Sorry. I'm tweeting without caffeine and it shows. The order rejects the injunction, but it doesn't dismiss the case (yet). Skimming ahead, that appears a foregone conclusion, but technically the case isn't dismissed.

Seriously, though - this is yet another judge who is responding to these request to overturn the election with the judicial version of "you want me to *what*? Hard pass."


The judge is being kind to the plaintiffs here and doesn't mention the epiceyeburningdisasterthatwastheoriginalcomplaint. But you'll note that the judge also doesn't mention what claims were in that complaint or whether they are the same as the ones in the 1st Amended Complaint.
LAW
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Mike Dunford
Mike Dunford
@questauthority
This is an excellent question, and it's something that I've thought about some over the last couple of months.

Honestly, I think the answer is that the rationales for these rulings are not likely to unreasonably harm meritorious progressive OR conservative challenges.


The first thing to keep in mind is that, by design, challenges to the outcomes of elections are supposed to be heard by state courts, through the process set out in state law.

That happened this year, and the majority of those challenges were heard on the merits.

The couple of cases where laches determined the outcome of state election challenges were ones where it was pretty clear that the challenges were brought in bad faith - where ballots cast in good faith in reliance on laws that had been in force for some time were challenged.

The PA challenge to Act 77 is one example. The challengers, some of whom had voted for passage of the bill, didn't make use of the initial, direct-to-PA-SCt challenge built into the law or sue pre-election; they waited until post-election.

The WI case is another. That one had a challenge to ballots cast using a form that had been in use for a literal decade.

Those are cases where laches is clear - particularly the prejudice element.
GOVERNMENT
Mike Dunford
Mike Dunford
@questauthority
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.

That said, I doubt the number will be limited. I think Sidney Powell is the Orly Taitz of the Biden Administration.

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.

We've got two filings so far - a Michigan one (King v Whitmer) that has been filed, and a Georgia one (Pearson v Kemp) that cannot presently be located on PACER.

This may be because there are parallel Quorts not in the system but maybe it just didn't get filed.

Here's how I'm going to deal with that - I'll start livetweeting King (the filed one) in a little bit, after I do some turkey prep. I'll do that in this thread, but probably even slower and more interrupted than usual - so you might just want to bookmark and come back later.

Tonight, if there's interest, I might be both willing and able to stream a read of the (maybe unfiled) GA case on Twitch tonight.
POLITICS
Mike Dunford
Mike Dunford
@questauthority
OK. The Teams meeting that I unsuccessfully evaded (and which was actually a lot of fun and I'm really genuinely happy I was reminded to attend) is over, so let's take another swing at looking at the latest filings from in re Gondor.


As far as I can tell from the docket, this is the FOURTH attempt in a week to get a TRO; the question the judge will ask if they ever figure out how to get the judge's attention will be "couldn't you have served by now;" and this whole thing is a

The memorandum in support of this one is 9 pages, and should go pretty quick.

But they still haven't figured out widow/orphan issues.

https://t.co/l7EDatDudy


It appears that the opening of this particular filing is going to proceed on the theme of "we are big mad at @SollenbergerRC" which is totally something relevant when you are asking a District Court to temporarily annihilate the US Government on an ex parte basis.


Also, if they didn't want their case to be known as "in re Gondor" they really shouldn't have gone with the (non-literary) "Gondor has no king" quote.
POLITICS

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Rich Weinstein
Rich Weinstein
@phillyrich1
For a few weeks I’ve been wondering about Alexandria Ocasio-Cortez and just how she emerged as a politico. Her path to Washington is shocking, at the very least. My first question was: What were her campaign positions BEFORE she became a national figure?

1/

So I went to her campaign website and took that web address and looked through the internet archive. When I went back to 2017, it was not her website, it belonged to the group "Brand New Congress."

2/

Here's what the web address https://t.co/Uhz2q4Dpll looks like now:

3/


Here's what the same web address looked like in late 2017:

4/


What's “Brand New Congress?” BNC is a group of Bernie Sanders staffers who got together, decided to make the 2018 midterms all about Bernie policies by taking his ideas & finding 400 Bernie carbon copies to dump into Congressional & other races, creating a 400 headed Bernie.

5/
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Caleb Howe
Caleb Howe
@CalebHowe
As usual is maddening how easy this is to understand and how much everyone refuses to understand it. There are two things happening here, and they aren't super hard to understand. There's the asshole administration and the asshole reporter.

The court said asshole administration revoked asshole Jim Acosta's press pass without due process. WH deemed him press, gave him a press pass, then they kicked him out without even being able to say who made the decision or on what grounds.

We want hostile, combative reporters. We **want** that. **You** want that. We want that because the press secretary of every single administration is a liar. Even the ones you like. Lying is their job. They show up to avoid answering, but give the appearance of being answerable.

It shouldn't be easy for government to just refuse to be answerable. It should be hard to dodge. Hard to kick people out. Hard to control the narrative. That shouldn't be easy for the gov't. Not even your most favoritest president.

You, the American citizen, want the truth. Reporters should be there to get it. That means asking questions doggedly, demanding answers. This is not an obscure idea. It should be obvious to anyone who's experienced having a president you didn't vote for. Super rare right?
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Brian Cates
Brian Cates
@drawandstrike
So let's see a show of hands: how many of you even knew Huber was digging into the Clinton Foundation? While he was assisting Horowitz in his digging into the FISC/Steele Dossier/Fusion GPS/Perkins Coie/DNC/Hillary campaign stuff?


I'm sure Huber is coming to DC *only* to discuss Clinton Foundation things with Meadows and his committee.

He for certain, like, won't be huddling with Horowitz or that new guy, Whitaker while he's in town. That would NEVER HAPPEN. [wink wink wink!] 😉

I just spent a year and a half telling you they will SHOW YOU what they are REALLY DOING when they are READY.

Not before.

No matter how much whining is done about it.

I'm exhausted but it's worth it.

Now you know why they're f**king TERRIFIED of Whitaker, the closer tapped by Trump to come in late for the hysterical fireworks that will ensue soon.

Look who's suddenly fund raising for his legal defen- er, I mean, ha ha - his reelection campaign!
POLITICS
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𝙹𝚘𝚑𝚗 𝚆𝚎𝚜𝚕𝚎𝚢...
@thepalemoonlt
Here's why I bother to do the search, and even take the time to check.

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


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
POLITICS
Seth Abramson
Seth Abramson
@SethAbramson
(THREAD) The main problem with that @DanDrezner piece in the Post is that it's an international politics prof writing about the field in which I'm a professor—communications. No one in communications would *ever* compare the blogosphere to either Twitter or Substack. Here's why.

1/ Back in the mid-aughts, I was a Koufax Award-nominated political blogger (I don't know what Drezner was doing then; I first heard of him about a year ago). So I was into the blogosphere pretty deep, as I also ran a second high-traffic blog that was focused on the art world.

2/ The "blogosphere" was an outgrowth of MySpace and LiveJournal, inasmuch as in the heady early days of the internet people suddenly realized that they could engage in private diaristic writing—a very specific subgenre of writing—in the public square, and it was suddenly "okay."

3/ So the blogosphere as such had *nothing* to do with journalism, which needless to say was in a different state just 15 years ago (note: unlike Drezner, I also teach writing and journalism at the university level, so this thread is squarely "in my area," unlike his Post piece).

4/ The blogosphere was a manifestation of the transformation of the public-private binary at the dawn of the internet—and *also* connected to the "creative writing" explosion (what I did a PhD on); in the aughts, creative writing was the fastest-growing discipline *in the world*.
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महाभारत की कहानी कौन नहीं जानता।लेकिन क्या आपको पता है कि महाभारत के ज्यादातर पात्र किसी न किसी श्राप में फंसे थे।अगर ये श्राप न होते तो कदाचित महाभारत की कहानी कुछ और होती।हिन्दु पौराणिक ग्रंथों में विभिन्न श्रापों का वर्णन मिलता है व हर श्राप के पीछे कोई कहानी अवश्य होती है।


आइए आज जानते हैं महाभारत कथा में वर्णित कुछ श्रापों के बारे में।

1) राजा पाण्डु को ऋषि किन्दम का श्राप

एकबार महाराज पाण्डु शिकार खेलने वन गए।झाडियों के पीछे कुछ हिल रहा था। मृग है सोचकर राजा ने बाण चलाया जो जाकर ऋषि किन्दम और उनकी पत्नी को लगा।वे दोनो रति-क्रीड़ा में लिप्त थे।

जब राजा ने उन्हें देखा तो बहुत दुखी हुए कि ये मुझसे क्या पाप हो गया।बहुत क्षमा याचना के बाद भी किन्दम ऋषि ने पाण्डु को श्राप दे दिया कि जब भी वो किसी स्त्री को काम भावना से स्पर्श करेंगे उसी क्षण उनकी मृत्यु हो जाएगी।पश्चाताप करने, वे सिंहासन पे अन्धे राजा धृतराष्ट्र को बैठाकर...


..स्वयं अपनी रानियों कुंती व माद्री के साथ वन चले गए।पांडवों का जन्म भी कुंती को ऋषि दुर्वासा द्वारा दिए गए मंत्र से हुआ था जिसमे किसी भी देव का स्मरण कर उस देव से कुंती,पुत्र प्राप्त कर सकती थी।एक बार माद्री पे मोहित हो जब पांडु ने उसे स्पर्श किया,उसी क्षण पांडु की मृत्यु होगयी।


2) उर्वशी का अर्जुन को श्राप

महाभारत युद्ध से पहले जब अर्जुन दिव्यास्त्र प्राप्त करने स्वर्ग गए तो वहां उर्वशी नाम की अप्सरा उन पर मोहित हो गयी। अर्जुन ने जब उन्हें अपनी माता के समान बताया तो यह सुनकर उर्वशी क्रोधित हो गयी और अर्जुन को श्राप दे डाला कि तुम नपुंसक की भांति...
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Jeet Heer
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1. Now that Stan Lee is being eulogized far and wide, it's important to remember how marginal Stan Lee and his collaborators (Jack Kirby and Steve Ditko) were in the 1950s and 1960s.

2. Marvel Comics (before that Atlas) was just a cog in the machine of a bottom pulp publisher run by Martin Goodman, the husband of one of Lee's cousins. It was the lowest of the low in the publishing world.

3. Now Mario Puzo (not yet the author of the Godfather) shared offices with Stan Lee in the 1950s and 1960s. Puzo wrote for garrish men's adventure magazines and, like Lee, dreamed of writing a novel & breaking out. But Puzo looked down on Lee.

4. Flo Steinberg, 1960s secretary at Marvel: "They were always making jokes about us. They'd come in and giggle. mario Puzo would look in and would see us all working on his way to the office and say, 'Work faster, little elves. Christmas is coming.'"

5. When JFK was killed, the whole office of Magazine Management was stunned and quiet. Except Lee. He continued working. "He was still working on the comic books," Puzo said. "Like that was the most important thing in the world."
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katya adler
katya adler
@BBCkatyaadler
Again, at such a key moment in UK and at such high political levels, evidence of deep misunderstanding of EU: The PM is under pressure in some quarters to delay #Brexit vote to allow her first to “improve” deal in Brussels BUT EU is determined not to budge at this stage

2) All EU leaders watching tomorrow’s vote. Of course they want to avoid a no deal #Brexit BUT they feel the deal - so painfully negotiated between EU and UK - is too fresh to re-open. Clarifications, yes but fundamental renegotiations, no.

3) The EU’s international reputation as a tough deal-maker is at stake here too. If Brussels now suddenly “gives in” to U.K. on EU red lines (eg backstop) then that would weaken the EU’s reputation in future trade negotiations with other non EU countries

4) Also on backstop the EU is unlikely to cave in to favour a relationship with a leaving member state (UK) against the explicit wishes and ignoring the deep concerns of a continuing member: Ireland.

5) Both the EU and the PM signed up to a guarantee to protect the border between Northern Ireland and the Republic of Ireland. If either the U.K. or EU can leave the backstop unilaterally then this clearly is no longer a guarantee.
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