Pennsylvania Ping!
Please ping me with articles of interest.
FReepmail me to be added to the list.
Posted on 11/27/2020 1:09:41 PM PST by gattaca
Not to be disrespectful but, yes, you are wrong. The Supreme Court does not hear or take evidence, it only reviews whether the lower court erred in some manner. And the only issue before the Court is whether the trial court erred in denying Rudy’s request to amend his complaint a second time.
Pennsylvania Ping!
Please ping me with articles of interest.
FReepmail me to be added to the list.
Why are they worried so much about these two senators when it wouldn’t matter anyway if Biden gets in? They will find a way to F us. They HAVE to focus on getting ballots without verification thrown out. Going through the legislators to non certify or taking issues to the supreme court may be too risky of a gamble. They need a WIN and a win very fast, like today, to get the snowball rolling down the hill. I have a bad feeling everything is going to be just a little bit too late or insufficiently presented.
Hillary!™ told him to not concede no matter what.
Would you cross Hillary!™?
“ The Campaign asked for a very fast briefing schedule, and we have granted its request. Because the Campaign wants us to move as fast as possible, we also deny oral argument. We grant all motions to file overlength responses, to file amicus briefs, and to supplement appendices. We deny all other outstanding motions as moot.”
MSM Headline:
Rudy presents evidence without evidence
Ding Ding Ding!
Houston, we have a winner.
This decision was written by a Trump-appointed judge. The other two judges on the panel were appointed by GWB.
He didn’t.
Giuliani sure made a mess of it, not just as an advocate, but also as a manager. As DJT’s personal attorney, he should have prepared for this months BEFORE the election. Team Trump should have opposed each and every piece of proposed state legislation that sought to open up mail ballots. Any legislation that squeezed through DJT opposition should have been tested in state or Federal Court. Then, Team Trump should have coordinated legal teams in every state to prepare for the election.
All this should have been done MONTHS BEFORE the election. DJT knew about the issue, and was warning us as early as August.
DJT’s case filed in Federal District Court in PA was, in my opinion, the MOST IMPORTANT Federal District case in the history of this nation. At one point, DJT was represented by a solo-practice attorney specializing in custody and alimony cases.
Generally, SCOTUS reviews the record on appeal. I don’t know if there is any precedent for SCOTUS to accept new factual evidence or legal arguments on appeal.
The basic principle is that Federal Courts adjudicate actual cases or controversies that are brought in front of them. They don’t go out looking for dragons to slay, otherwise, they would not be adjudicating Federal questions, they would be legislating new law, which is strictly reserved for Congress.
My thoughts are that a new lawsuit, with new litigants, alleging pages and pages of actual facts, identifying witnesses, times, and places, should be filed by a new, competent attorney. Maybe the lawsuits filed by Sidney Powell will do the trick. Let’s wait and pray.
This decision was written by a Trump-appointed judge. The other two judges on the panel were appointed by GWB.
If Rudy blew it, it is not him, not the judges for doing their jobs.
Thank you for all your work and insights.
Bascially, the lawsuit was brought by the Trump campaign and two individual Pennsylvania voters. The lawsuit focuses on two things: First, that some counties, but not others, notified mail-in voters of problems with their ballots and allowed them to “cure” those problems so their votes would could. Second, that poll-watchers were excluded from observing counts.
Then, after the original lawyers withdrew, the plaintiffs amended their complaint to remove all of the claims relating to poll watchers, leaving only two claims, both relating to the “ballot curing” issue. One claim alleged that this violated the Equal Protection Clause of the 14th Amendment, because it discriminated between voters in different counties (the individual voter plaintiffs had their ballots invalidated and were not in counties that provided notice and an opportunity to cure). The other claim alleged that counties or the Secretary of State allowing voters to cure ballots violated the Electors and Elections Clauses of Articles I and II of the Constitution because the PA state legislature did not authorize such a procedure.
The district court judge dismissed the ballot curing claims under Rule 12(b)(6) for failure to state a claim, finding that neither the voters nor the campaign had standing. A recent 3rd Circuit case held that only a state legislature has standing to assert a violation of the Electors and Elections Clauses, and the plaintiffs conceded that its claims under these clauses were precluded under that 3rd Circuit case (but want to preserve the right to argue to SCOTUS that the 3rd Circuit is wrong). The judge also held that neither the voters nor the campaign alleged facts showing they had suffered a legal injury granting them standing to bring the Equal Protection claim.
The campaign had also moved for leave to amend their complaints again to add some of the poll watcher claims back in. The judge denied that motion when he dismissed the ballot curing claims.
In this appeal, the Campaign did NOT appeal the dismissal of the ballot curing claims for lack of standing. It only appealed the denial of leave to amend its complaint. The 3rd Circuit just affirmed Judge Brann’s rulings. It held that Judge Brann did not abuse his discretion in denying leave to amend its complaint to add the poll watcher claims because the campaign unduly delayed in doing so and because adding them in would be futile because the proposed second amended complaint failed to plead facts showing a plausible claim.
I don’t think it’s fair to single out Giuliani, because he was never lead counsel in this case, but it certainly does look like there was incompetence involved. Basically, they sued based on Claim A and Claim B, then voluntarily dropped Claim A, then tried to add Claim A in when it was clear Claim B was going to be dismissed. Then they didn’t appeal the dismissal of Claim B, just the denial of leave to add Claim A in—which is reviewed on appeal by a much more deferential standard. I think the legal term for the conduct of the Campaign’s lawyers in this case is “a shit show.”
Thank you..
Political activism has been rampant in the courts for years and years.
Mr Levin knows that and is simply highlighting it for the rest of us.
You'll be a week old next Monday...
Speaking of Ivy League Law School graduates:
Justice Clarence Thomas, graduate Yale Law School.
Justice Neil Gorsuch, graduate Harvard Law School.
Justice Brett Kavanaugh, graduate Yale Law School.
Justice Samuel Alito, graduate Yale Law School.
Justice John Roberts, graduate Harvard Law School.
Oh, I blame Giuliani.
As early as August, DJT was warning us about the dangers of mail ballots. As DJT’s personal attorney, Giuliani should have started work on this months BEFORE the election.
All political pressure should have been brought against state legislatures (particularly swing states) seeking to relax vote by mail.
Any state legislation that passed should have been challenged in Fed and state court.
The repulsive RINO Repug McConnell should have been pressured to pass uniform, Federal election fraud legislation.
A month before the election, teams of skilled lawyers should have been assembled in each contested state.
Despite DJT’s unambiguous warnings, Giuliani was caught totally off guard. At one point, DJT’s attorney in PA Fed Court was a solo-practice attorney whose specialty was custody and alimony cases. God bless her, she was clearly in over her head.
A lead attorney has to be not just a seasoned litigator, but a brilliant manager and strategist.
Giuliani ... well ... he comes up short. Way short.
no problemo
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.