Georgia Suit Filed in Wrong Court, No Legal Standing
It took all of 90 minutes for Judge Timothy Batten Sr. to Discard With Rebuke Powell’s Georgia Fraud Claim.
“The relief that the plaintiffs seek this court cannot grant,” Batten said. “They ask the court to order the secretary of state to decertify the election results as if such a mechanism even exists, and I find that it does not.”
Batten repeatedly suggested that Powell could have filed her lawsuit in state court, and he cited an federal appeals court ruling that “federal courts don’t entertain post-election conduct, excuse me, contests about vote-counting misconduct.”
Batten also said he found that the plaintiffs in the case did not have legal standing to bring the lawsuit.
“In their complaint, the plaintiffs essentially ask the court for perhaps the most extraordinary relief ever sought in any federal court in connection with an election,” the judge said.
“They want this court to substitute its judgment for that of 2.5 million Georgia voters who voted for Joe Biden, and this I am unwilling to do.”
The People Have Spoken
In Michigan, U.S. District Judge Linda V. Parker ruled ‘The People Have Spoken‘.
“In fact, this lawsuit seems to be less about achieving the relief Plaintiffs seek – as much of that relief is beyond the power of this Court – and more about the impact of their allegations on People’s faith in the democratic process and their trust in our government,” reads a portion of the 36-page opinion.
“Plaintiffs ask this Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This the Court cannot, and will not, do. The people have spoken.”
“The closest plaintiffs get to alleging that election machines and software changed votes for President Trump to Vice President Biden in Wayne County is an amalgamation of theories, conjecture and speculation that such alterations were possible,” the ruling states.
Humor of the Day
Trump and lawyers on his behalf, have lost every case.
The Trump campaign and its affiliates have lost or withdrawn essentially every lawsuit filed across the country related to alleged election fraud. In Michigan, the Trump campaign filed a lawsuit with more than 100 affidavits alleging misconduct, but withdrew the suit before a judge could rule. As of last week, the office of Michigan Attorney General Dana Nessel said no one from the campaign had provided any evidence of illegal conduct.
Although Giuliani has claimed a win from a court order in Antrim County related to voting machines, the order is actually in response to a voter challenge to a local marijuana proposal.
Third Time Charm in Georgia
The Wall Street Journal reports Georgia Again Certifies Biden’s Win
“It’s been a long 34 days since the election on Nov. 3. We have now counted legally cast ballots three times, and the results remain unchanged,” Mr. Raffensperger said Monday at the state Capitol.
The machine recount Georgia certified Monday came at the request of Mr. Trump’s campaign and was the third time that election workers counted Georgia’s roughly 5 million presidential votes. Georgia also conducted a hand audit of the race at the order of Mr. Raffensperger.
“I know there are people that are convinced the election was fraught with problems, but the evidence, the actual evidence, the facts, tell us a different story,” Mr. Raffensperger said in remarks Monday.
Georgia Secretary of State Denies Widespread Fraud
For the nth time, Georgia Secretary of State Brad Raffensperger investigated fraud claims and accurately concluded No Widespread Fraud.
“There are those who are exploiting the emotions of many Trump supporters with fantastic claims, half truths, misinformation, and frankly they are misleading the president as well,” Mr. Raffensperger said Monday.
Key Synopsis
- Judge Timothy Batten: “They want this court to substitute its judgment for that of 2.5 million Georgia voters who voted for Joe Biden, and this I am unwilling to do.”
- Judge Linda Parker: “This lawsuit seems to be less about achieving the relief Plaintiffs seek and more about the impact of their allegations on People’s faith in the democratic process and their trust in our government.
- Judge Linda Parker: “Plaintiffs ask this Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This the Court cannot, and will not, do. The people have spoken.”
- Raffensperger: “There are those who are exploiting the emotions of many Trump supporters with fantastic claims, half truths, misinformation, and frankly they are misleading the president as well.”
- Raffensperger: “I know there are people that are convinced the election was fraught with problems, but the evidence, the actual evidence, the facts, tell us a different story,”
The cases by Sidney Powell were poorly formed and filed in the wrong court.
This happened despite Appeals Courts chastising Giuliani for filing claims in the wrong court.
In other filings, Powell misspelled words and used improper grammar.
Trump’s Legal Team a Joke
Trump’s legal team and filings have been a joke from front to back. They have lost every case.
The Appeals Court rulings were clear, precise, and by Lawyers Trump and Republicans appointed.
Appeals Court Rulings and Discussion
Trump Does Not Give a Damn About the Law
As noted this morning, Trump Does Not Give a Damn About the Law.
Trump asked Georgia Governor Brian Kemp multiple times to break the law by asking Kemp to call a special session to overturn the election.
“State law is clear: the legislature could only direct an alternative method for choosing presidential electors if the election was not able to be held on the date set by federal law,” Messrs. Kemp and Lt. Governor Duncan said in their statement.
“Any attempt by the legislature to retroactively change that process for the November 3rd election would be unconstitutional and immediately enjoined by the courts,’’ they wrote.
What’s It All About?
Fraud evidence is so piss poor, claims so wild, and cases so weak one has to wonder what the purpose even is. It’s threefold.
- Hype up those with Trump Cult Syndrome (TCS) who then repeat nonsensical claims hoping to cast doubt on the election
- To soothe Trump’s monstrous ego.
- Keep total nonsense in the news as long as possible so fools keep donating money to fight alleged fraud.
Trump and those with TCS will go to the grave saying “Trump won.”
What a sorry case Trump is, to openly and repeatedly ask the Governor of Georgia to break the law to keep Trump in power.
Of course, there should be universal condemnation of Trump for this tactic. Sadly, there isn’t.
Safe Harbor Day
Please note tomorrow is Safe Harbor Day. That’s when states name electors.
States will name precisely 306 electors for Biden and 232 for Trump.
Voting will be December 14.
For the complete timeline, please see Time Has Nearly Expired on Trump’s Legal Challenges.
Blame Game
Hillary blamed Russia.
In a shotgun approach, Trump blames the media, fraud, the Georgia governor, Georgia Secretary of State, the Michigan legislature, voting machines and more.
Biden Won
Not only did Trump lose, he turned into Hillary in the process, blaming everyone else but himself for the loss.
Mish
I used to follow mish for his economic info. I stop looking when it became apparent that mish has an awful case of TDS. If you don’t see the fraud you are neither looking or are ignorant. Mish, stick to economics.
I know that I, for one, wound consider evidence of fraud, if any is revealed, and I’m sure Mish would, as well, and so would most people. Thus far Trumps attorneys are 0 for 50, or whatever, because the judges, regardless of which party appointed them, have stuck to the rule of law. Wild accusations and proof are two entirely different things. At this point, I have to presume that if Trump had any evidence, he would have revealed it by now. Since he hasn’t revealed any evidence, it seems clear that he has none, and that this was the most secure election in history.
Trump’s attorneys aren’t stupid. They knew that, with no evidence to support them, they would lose all these lawsuits, but the point was never to win them. The point of alleging fraud with no proof is to destroy democracy by attacking it’s foundation, the trust people have in elections. If that trust can be destroyed, Trump can suspend the Constitution, and declare himself President for life. All he needs is to be able to get the military to back him. If he thinks they will back him, he will do it, but if he doesn’t, he will leave.
Carl_R — you expended far too many electrons on a complete moron.
Seventeen (red) states AG’s have joined Ken Paxton’s lawsuit now…..I don’t guess that matters, as to the likelihood of the Supreme Court taking the case…..but I don’t like it….
I can think of no good outcome…..and lots of problems to follow, if this gets any traction.
Indicted (but not convicted) Texas AG Ken Paxton is suing 4 swing states in the Supreme Court in support of Trump’s bogus claims. Will this sh*t never end?
Paxton is a douchebag sycophant along the lines of Pompeo…looking to grab the brass ring.
Your tax dollars at work.
Ft. Worth Star Telegram, a major, right-of-center, north Texas newspaper, calls Paxton’s silly lawsuit……silly.
And frivolous. Paxton is a moron, in addition to being a grifter.
And my sister thought I was foolish for not realizing Sidney Powell’s brilliance as an attorney.
Ms. Powell knows that what she’s doing is BS. She is just setting herself up to be a leading conservative commentator on Newsmax for the next few years so she can cash in on the rubes like Hannity, Carlson, Limbaugh and the rest. God’s speed to her.
The only thing left is an executive order invalidating the election, with a new election to be held in a month under the observation of the military. The EO also suspends the constitutional process because of a national emergency due to the election being stolen. Oddly it is not a non-zero chance, who knows what the dimwit is reading. It would be funny to see how many senators supported it.
It would only be funny if the supporting senators numbered fewer than 1.
This became quickly apparent within days of the election having passed.
“This lawsuit seems to be less about achieving the relief plaintiffs seek … and more about the impact of their allegations on people’s faith in the democratic process and their trust in our government.”
I dunno how it is going to end for Trump but probably badly. That secret service protection after the White House is going to turn out to be a disaster for him because he is going to feel like a prisoner. He probably already has had his passport revoked.
Hilary was more right about Russia than Trump is about voter fraud.
I remember the late 80’s, when Trump was a mystery and everyone wanted to know his secret to success.
Now we know, no actual success, just deny nonstop failure and continually seek the next mark to con.
He’s made a living of lying and screwing those who believe him, it got him all the way to the White House.
At this stage, he’ll likely avoid criminal prosecution by stalling the legal/court system until dead, he’s old enough to where he won’t outlive another decade.
I would add a 4th reason; meshuga. Trump is literally crazy. He’s not just engaging in baseless lawsuits but he’s personally expending energy lobbying state legislators, attorney generals and legislators. He’s very much committed on an emotional level
Prediction: He wont go to Maralago and stay there till after Biden is sworn in. Trump will take a leap and flee the country to the few places without extradition he’d be willing to live out his life in. Remove the sh*thole countries and you are left with Russia and Saudi, both who have no extradition. Maybe he aint so dumb after all.
Trump will go to Mar-a-Lago over Christmas and never return. Too much of a baby to show up at the inauguration. As much as he knows Biden won he’s aldo gaslit himself into believing the election was stolen from him. Trump’s a psychopath and he has the duality if holding conflicting views
I wouldn’t be surprised if he took a world tour for awhile thanking his mentors. The SDNY may take a while to get their charges together. But I don’t think the whole family is going anywhere and I anticipate some of them will be named in the indictments, if only to get them to talk. And he is a born legal fighter. It’s just all part of the game of life for him. He enjoys it. It might be the only thing the gets his old ass up in the morning. Or is the only thing that keeps from falling asleep like a normal person? LoL
I’d love to see Joe take a powder and Hillary come riding in on her broom, cackling all the way to her inauguration! While the cameras are focused on the Rep reps, the D’s can still pull it off. We came, we saw, he died.
It seems more like a huffing problem…
What’s it all about?
Well Trump clearly no longer has a valid expectation of overturning the election. That ship sailed. But we know a few things. Trump’s legal bill is around 11-13 million while he’s now raised over 250 million, so he have the grift. The legal argument are specious and the judges aren’t buying them but the base is so perhaps Trump is trying to damage Biden and build his own post-election brand. Trump’s email list keeps growing too.
Still a sizable group of TCS diehards on ZH keeping the faith that Trump gets a second term. Amusingly, trolls have started to taunt them for it, so ZH is no longer a total echo chamber.
This is why it’s good Mish actually moderates this site. If you consciously court the trolls and cranks of the internet, you end up with an insane asylum. After Trump’s election loss, probably the second largest complaint on ZH is that they can’t shout the n-word anymore. That’s what happens when you morph from a financial site to a Stormfront clone in search of clicks.
It’s almost always profitable to bet against ZH headlines.
Back in the day I used to read ZH every day to get a different POV. Over time, it got crazier and crazier with racist rants and nonsensical conspiracy theories. I haven’t read a word of ZH in at least four years.
Zerohedge suffers from paranoia. He moved to the physical server to some island country before the financial crisis because he thought “they” were after him.