Posted on 11/24/2020 6:38:11 AM PST by Candor7
“I found a new way to p*ss off libt*rds. Ask them if Joe Biden should turn down a tainted ‘win’”
Even better, ask them why Biden doesn’t concede already.
We all need to let our Democrat acquaintances know we’re ashamed of their party of cheaters, deceivers and baby butcherers, and are very disappointed that they could support such a party.
Make it personal and strong.
You don't get discovery in an appeal. Discovery happens at the trial court level. Discovery didn't happen in the trial court in this case because Judge Brann dismissed the case under Rule 12(b)(6), concluding that the plaintiffs failed to state a claim on which relief can be granted. That means he concluded that the plaintiffs don't have a case even if every factual allegation in the plaintiffs' complaint are taken as true--in this case, he concluded that he had no jurisdiction because the plaintiffs lacked standing for some claims and that other claims were moot. You don't normally get the benefit of discovery before a ruling on such a motion.
The only way the plaintiffs are getting discovery is if they actually win the appeal and the 3rd circuit reverses the dismissal and remands the case to Judge Brann.
Duh?
If you do not think this Appeal is distinct from getting to trial , you are Duh? What?
The expedited discovery order is the prize.
I have no doubt that it will be attained:
Pierce the Veils of Secrecy constructed by the Dems!
Then we will see which birds come home to roost.
After discovery there will be a motion for injunctive relief, if not granted then it will be an appeal again to the 3rd circuit, and then to SCOTUS as necessary.
GO TRUMP!
Who said anything about getting to trial? Do you know what a trial court is, as opposed to an appellate court? Do you know that discovery is something that happens in a trial court and not an appellate court? Do you know that a court does not have to allow discovery before determining g whether the plaintiff has stated a claim or has alleged facts establishing standing and the other components of subject matter jurisdiction?
The Trump campaign and the voter plaintiffs only get discovery, expedited or otherwise, if either the 3rd Circuit or SCOTUS reverse Judge Brann’s dismissal of their two remaining claims and remand the case to the trial court, Judge Brann’s court. These were the claims asserting that Philadelphia County’s allowing mail-in voters to “cure” defective ballots violated the Electors and Elections Clauses and the Equal Protection Clause—the plaintiffs voluntarily abandoned their other claims, including their claims alleging voter fraud.
The 3rd Circuit already held that voters and candidates lack standing to bring these claims in the Bognet case from two weeks ago, so they will almost certainly affirm Judge Brann’s order. I doubt SCOTUS will rule differently. Bush v. Gore never addressed standing to sue over an Electors Clause violation, and the Bognet case makes a pretty compelling argument that only the state legislature has standing to sue over the usurpation of its power to determine how electors are appointed. The Equal Protection claim is, frankly, a crazy one and there’s no way a conservative judge will buy it.
Maybe Trump has a chance to pull this out, but it is not happening through this case. I think the Trump Campaign knows this, which is why they allowed their real election lawyers to withdraw without much of a fuss.
Its happening, one way or the other:
PENNSYLVANIA, ARIZONA, MICHIGAN LEGISLATURES TO HOLD PUBLIC HEARINGS ON 2020 ELECTION
Then its back to court.
Powell is filing her fraud case in Georgia tomorrow. Rudy will be in Gettysburg presenting witnesses and scientific data on fraud.
Discovery will happen one way or the other defacto or dejure.
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