Good morning, post-election frivolous performative litigation followers - we've got another new filing in Seditionists v 117th Congress et al.
It's yet another motion for a Temporary Restraining Order - making it the 3rd in 3 days.
And it's a
So they're still stuck at Step 1.
But that's honestly the least of their issues.
I'm not a litigator but I don't think that's a recognized alternative to attempting to provide notice to the adverse party.
...unique.
Do they think this is the Lord of the Rings? Should this pleading be titled "Waiting for Aragorn"?
First of all, they forgot to include a proper citation and pincite.
Second, no, really, what the bloody hell are you people SMOKING?
I just keep staring at the boldface and italicized "Gondor has no King" on the screen.
My eyes are refusing to move further into the document.
MY.
GOD.
They want the entire government (less the judiciary) placed into "a state of stewardship" on an ex parte basis *pending* actual proceedings.
I can't even.
Pro tip:
Invest in a good dictionary. A printed one. Cite to that.
Also, don't end citations in the middle of words.
Not only does that LOTR footnote exist but there's a callback to it IN THE SAME PARAGRAPH?
Seriously, no. Even if anything they argued was a thing, there's plenty of time to deal with it before the next election.
"We're so cuckoo for cocopuffs that we've forgotten how to do even relatively simple legal analysis."
YOU TWO SEDITIOUS DINGBATS ARE NOMINALLY LAWYERS!!
Why are you talking about having the marksman-aviator-assclown help you with a basic legal task????
No. You can not use purported injuries to potential plaintiffs as a basis for demanding relief.
No. That does not change if you sneak in the capital letter.
The only named plaintiff in a nutso lawsuit brought against literally every lawmaker by Texas lawyer Paul Davis (of Capitol riot fame) was also arrested for bringing guns to Philadelphia to "inspect" the ballots. But: No record of him voting in North Carolina. Sworn affidavit \U0001f447 pic.twitter.com/E9Ggn8BQ6r
— Roger Sollenberger (@SollenbergerRC) January 21, 2021
But Gondor.
They have no clue what they're talking about and it's painfully obvious.
They also included a proposed TRO. And it's even more bonkers (that's a term of art) than the motion.
https://t.co/THSEVgsMwa
THIS IS A PROPOSED ORDER NOT AN ACTUAL ONE.
It's written as if it's drafted by the court, but it is not (and never will be) a court order. Writing proposed orders is, in general, normal. It's this specific proposed order that's pure bat guano.
More from Mike Dunford
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.
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.
Oh myyyyyyyyyy
— Mike Dunford (@questauthority) January 25, 2021
Good morning, followers of frivolous election-related litigation - new filings in Seditionists v 117th Congress et al. (aka in re Gondor)
I've really got to get stuff done, but there's time for a really quick overview.
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.
I went over the dismissal on my stream, but a few thoughts on where things are at:
1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.
3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.
5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.
7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.
So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.
1: The Notice of Appeal doesn't shock me; I figured Louie would be this dumb.
2: As was the case with the case at the District Court, it doesn't really matter how vigorously Pence defends this.
And the appeal has been noticed. pic.twitter.com/o4g4ES1wrU
— Kyle Cheney (@kyledcheney) January 2, 2021
3: The lack of standing is so spectacularly, glaringly obvious that it doesn't really matter whether Pence raised certain arguments; they will get noticed by the court.
4: That's because federal courts have an independent duty to ensure they have jurisdiction.
5: Standing is a jurisdictional requirement; no standing means no case.
6: The rules for standing are clear and nothing in the opinion dismissing the case was the least bit controversial in any universe except the alternate one inhabited by Louie and the Arizonan cosplayers.
7: "But it's the 5th Circuit" will be raised both by Trumpistians and those who are exceptionally nervous. There is exactly as much reason to be concerned about the 5th as there was the trial court: ie none at all.
So - my expectations:
Given the timeline, I suspect that Louie will be granted an expedited appeal and will lose on an expedited basis. I also expect that he will appeal to SCOTUS and the appeal there will not be expedited.
THREAD:
Good afternoon, followers of frivolous election litigation. There's a last-minute entry in the competition for dumbest pre-inauguration lawsuit - a totally loony effort to apparently leave the entire USA without a government.
We'll start with the complaint in a minute.
But first, I want to give you a quick explanation for why I'm going to keep talking about these cases even after the inauguration.
They're part of an ongoing effort - one that's not well-coordinated but is widespread - to discredit our fundamental system of government.
It's a direct descendent, in more ways than one, of birtherism. And here's the thing about birtherism. It might have been a joke to a lot of people, but it was extremely pernicious. It obviously validated the racist "not good enough to be President" crowd. But that wasn't all.
Don't get me wrong, that was bad enough. Validating racism helped put the kind of shitbird who would tweet this from an official government account into power. But it didn't stop
(Also, if you agree with Pompeo about multiculturalism - the legendary melting pot - not being what this country is all about, you need to stop following me now. And maybe go somewhere and think about your life choices and what made you such a tool.)
Good afternoon, followers of frivolous election litigation. There's a last-minute entry in the competition for dumbest pre-inauguration lawsuit - a totally loony effort to apparently leave the entire USA without a government.
We'll start with the complaint in a minute.
But first, I want to give you a quick explanation for why I'm going to keep talking about these cases even after the inauguration.
They're part of an ongoing effort - one that's not well-coordinated but is widespread - to discredit our fundamental system of government.
It's a direct descendent, in more ways than one, of birtherism. And here's the thing about birtherism. It might have been a joke to a lot of people, but it was extremely pernicious. It obviously validated the racist "not good enough to be President" crowd. But that wasn't all.
Don't get me wrong, that was bad enough. Validating racism helped put the kind of shitbird who would tweet this from an official government account into power. But it didn't stop
Woke-ism, multiculturalism, all the -isms \u2014 they're not who America is. They distort our glorious founding and what this country is all about. Our enemies stoke these divisions because they know they make us weaker. pic.twitter.com/Mu97xCgxfS
— Secretary Pompeo (@SecPompeo) January 19, 2021
(Also, if you agree with Pompeo about multiculturalism - the legendary melting pot - not being what this country is all about, you need to stop following me now. And maybe go somewhere and think about your life choices and what made you such a tool.)
More from Politics
All the challenges to Leader Pelosi are coming from her right, in an apparent effort to make the party even more conservative and bent toward corporate interests.
Hard pass. So long as Leader Pelosi remains the most progressive candidate for Speaker, she can count on my support.
I agree that our party should, and must, evolve our leadership.
But changed leadership should reflect an actual, evolved mission; namely, an increased commitment to the middle + working class electorate that put us here.
Otherwise it’s a just new figure with the same problems.
I hope that we can move swiftly to conclude this discussion about party positions, so that we can spend more time discussing party priorities: voting rights, healthcare, wages, climate change, housing, cannabis legalization, good jobs, etc.
Hard pass. So long as Leader Pelosi remains the most progressive candidate for Speaker, she can count on my support.
The strange thing about the fight to displace Nancy Pelosi as Speaker of the House is that no one seems willing to run against her. https://t.co/VhBqf4KJom
— The New Yorker (@NewYorker) November 21, 2018
I agree that our party should, and must, evolve our leadership.
But changed leadership should reflect an actual, evolved mission; namely, an increased commitment to the middle + working class electorate that put us here.
Otherwise it’s a just new figure with the same problems.
I hope that we can move swiftly to conclude this discussion about party positions, so that we can spend more time discussing party priorities: voting rights, healthcare, wages, climate change, housing, cannabis legalization, good jobs, etc.
