‘This is Simply Not How the Constitution Works’
Delusional Trump supporters actually expected judges to break the constitution and elect Trump.
Today, Judge Matthew Brann accurately disemboweled a preposterous Trump legal challenge with these words: ‘This is Simply Not How the Constitution Works’
Frankenstein Monster Case
- “This Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence,” U.S. District Judge Matthew Brann wrote.
- “In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more.”
- “This claim, like Frankenstein’s Monster, has been haphazardly stitched together from two distinct theories in an attempt to avoid controlling precedent.”
- “Even assuming that they can establish that their right to vote has been denied, which they cannot, Plaintiffs seek to remedy the denial of their votes by invalidating the votes of millions of others. Rather than requesting that their votes be counted, they seek to discredit scores of other votes, but only for one race. This is simply not how the Constitution works.”
- “Given that: (1) Plaintiffs have already amended once as of right; (2) Plaintiffs seek to amend simply in order to effectively reinstate their initial complaint and claims; and (3) the deadline for counties in Pennsylvania to certify their election results to Secretary Boockvar is November 23, 2020, amendment would unduly delay resolution of the issues.”
- “Although this case was initiated less than two weeks ago, it has already developed its own tortured procedural history. Plaintiffs have made multiple attempts at amending the pleadings, and have had attorneys both appear and withdraw in a matter of seventy-two hours.”
That is a well-deserved rebuke that shows how desperate and ill-advised Rudy Giuliani and Team Trump legal efforts have been.
Senator Ernst (R-IA) Slams Powell’s ‘Absolutely Outrageous’ Allegation
Senator Joni Ernst (R., Iowa) slammed allegations by Trump campaign legal counsel Sidney Powell on Thursday that Democratic and Republican politicians may have paid to change the general-election results.
President Trump’s legal team brought forward various accusations of voter fraud during a press conference. Lawyer Rudy Giuliani alleged that there was a “national conspiracy” to steal the election for Joe Biden, although he did not reveal evidence for the claim, while Powell implied that politicians from both parties may have paid to skew the results.
“That is an offensive comment,” Senator Ernst said on the Guy Benson Show. “For those of us that do stand up and represent our state in a dignified manner, we believe in the honesty, we believe in the integrity of our election system. ... To insinuate that Republican and Democratic candidates paid to throw off this election, I think is absolutely outrageous.”
Commenting on the press conference, Senator Ben Sasse (R., Neb.) pointed out that the Trump campaign has not backed up many of its allegations of voter fraud with evidence.
“Based on what I’ve read in their filings, when Trump campaign lawyers have stood before courts under oath, they have repeatedly refused to actually allege grand fraud—because there are legal consequences for lying to judges,” Sasse said in a statement to National Review. “Wild press conferences erode public trust.”
Three Senators Take a Stand for Justice
Yes Senators, it is outrageous.
Thanks to Senators Ernst, Sasse, and also Mitt Romney for having the courage to say so.
The senate should all rebuke Trump but most of them are Chicken Littles afraid to do so.
Career Justice Department Prosecutors Abandon Trump
Career Justice Department prosecutors pushed back this week against a memo by Attorney General William P. Barr that opened the door to politically charged election fraud investigations, saying in a pair of messages that Mr. Barr thrust the department into politics and falsely overstated the threat of voter fraud.
On Friday, 16 federal prosecutors across the country who were assigned to monitor elections for signs of fraud wrote to Mr. Barr that they had found no evidence of “substantial allegations of voting and vote tabulation irregularities.” They also asked him to rescind the memo, saying it thrust the department into partisan politics and was unnecessary because no one has identified any legitimate suspicions of mass voter fraud.
The memo “is not based in fact,” the monitors wrote.
Rudy Giuliani Makes a Fool of Himself
Law and Crime comments Rudy Giuliani’s ‘Disgraceful’ Courtroom Rant About Voter Fraud Didn’t Resemble Trump Lawsuit
“They stole an election,” Giuliani claimed in the Middle District of Pennsylvania, in one of the many inflammatory remarks alleged in neither the 85-page original complaint nor the redlined amended version that struck broad swaths from the original suit.
Just like other Trump campaign lawyers before him, Giuliani would later candidly admit to the judge of the election lawsuit: “This is not a fraud case,” but not before packaging it otherwise in an evidence-addled opening argument.
“This is not a fraud case,” the Trump campaign’s lawyer Kory Langhofer told a Maricopa County judge last week. Giuliani repeated that line verbatim in the late afternoon session, of the Middle District of Pennsylvania lawsuit.
U.S. District Judge Matthew Brann also pressed Giuliani on the gulf between his opening remarks and his pleadings.
Peppering Giuliani with pointed questions, Brann appeared to catch Giuliani flubbing basic questions of law—and the English language.
“I’m not sure what ‘opacity’ means,” Giuliani said at one point. “It probably means you can see.” “It means you can’t,” Brann responded.
When Judge Brann asked what standard of scrutiny he should apply to the case, Giuliani replied: “The normal one,” appearing not to understand the ways in which courts analyze government actions. Brann then asked whether he should apply “strict scrutiny,” considering his clients allege equal protection violations. Giuliani conceded he did not know what “strict scrutiny” meant.
- U.S. District Judge Matthew Brann labeled Rudy Giuliani's claim Frankenstein’s Monster
- Brann accurately rebuked Giuliani, ‘This is Simply Not How the Constitution Works’
- Giuliani, did not understand the word "opacity"
- Giuliani, did not understand “strict scrutiny” in regards to equal protection under the law.
- Giuliani repeatedly told judges the case was not about fraud while lying to the public the case was about fraud.
- 16 federal prosecutors across the country who were assigned to monitor elections for signs of fraud wrote to Mr. Barr that they had found no evidence of “substantial allegations of voting and vote tabulation irregularities.”
- Senator Ernst (R-Iowa) blasted Trump's “national conspiracy” claim.
- Senator Sasse noted Trump campaign lawyers have stood before courts under oath, they have repeatedly refused to actually allege grand fraud—because there are legal consequences for lying to judges”
- Senator Romney said It was 'Difficult to imagine a worse, more undemocratic action' by a president.
- Michigan GOP Leaders Tell Election Board to Break the Law
Even Fox News Has Had Enough
Drinking the Kool-Aid
Yet, many people still believe anything that Trump has to say no matter how obviously ridiculous.
Widespread delusion remains that Trump was robbed and he should continue tactics, even illegal ones, to the bitter end.
Trump built his cult followers very much like Jim Jones led 900 members of the Peoples Temple movement to Drink the Kool-Aid and kill themselves in mass suicide.
Here, the consequences are more catastrophic.
Fortunately, no viable paths remain for Trump to win. The Supreme Court will not get involved with cult-like and Frankenstein requests to disenfranchise voters.
"This is simply not how the Constitution works.”