‘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
Please note Ernst Slams Powell’s ‘Absolutely Outrageous’ Allegation That Candidates Paid to Skew Election Results
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
Also note that Federal Prosecutors Push Back on Barr Memo on Voter Fraud Claims
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.
The protests were the latest rebuke of Mr. Barr by his own employees, who have in recent months begun criticizing his leadership both privately and publicly.
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.
Summation
- 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
https://twitter.com/mattklewis/status/1329516281968676870
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.”
I am really sick of politics. And it is costing me readers and ad revenue.
I don’t care. I cannot sit back and watch our constitution be shredded in hopes of preserving a cult leader.
— Mike “Mish” Shedlock (@MishGEA) November 22, 2020
Mish
Just a few short days ago…
…After that [hair dye melting] press conference, Giuliani reaffirmed that Powell was speaking on behalf of the campaign.
“This is representative of our legal team,” Giuliani said at the event. “We’re representing President Trump and we’re representing the Trump campaign. When I finish, Sidney Powell and then Jenna Ellis will follow me.” Powell herself has been working out an office at the Trump campaign’s headquarters.
Ellis referred to Powell as a member of “the President’s national legal team” just last week. Trump himself said last week that Powell had been “added to our other wonderful lawyers and representatives.”….
Kudos for having consistent integrity. Some things in life are beyond a price and losing them costs irreplaceable meaning to life. Integrity is priceless. But way too many sell their soles cheaply and irredeemably.
Not to mention their souls, too.
Excellent article –thank you for the research, the facts and the quotes. You’re beautiful.
The Trump team just threw Sidney Powell under the bus
“Drinking the Kool-Aid”
Flavor-Aid. Know your Jonestown meme.
“Trump built his cult followers very much like Jim Jones”
I’ve been saying that for a while now. BTW why is it that all the Trump inner circle get clonal antibodies to save themselves and the regular people are dying by the thousand? Wasn’t Trump all about getting rid of the elites and the swamp?
Stupid is losing, as is proper.
I am sorry that your principles are costing you part of your livelihood. It was fairly obvious that this situation with Trump would occur the minute that he won the previous election. Republicans could have at least stopped it by standing up to Trump’s illegal actions but every time they gave him a pass it only encouraged him further. I don’t understand the Republican logic because weakening your own country is not going to make anything better when they regain the executive branch.
You are about the only conservative columnist that I can read because you give logical reasons for your beliefs even if I don’t always agree with your opinions. I haven’t read anything rational from typical Republicans in over eight years. Good luck.
Thanks
The GREAT NATIONAL CONSPIRACY by the demure, politically correct elitarian establishment and its bribed media outlets has been a success beyond imagination, it was worth every buck of the hundreds of millions invested in it ! Your orange clown is a goner ! Congratulations! Now start focusing on your new, dyed-in-the-wool, exemplary, but without doubt, corrupt president and see what he achieves in the next four years ! Let me make a prediction though : NOTHING
Maybe it’s time for a nap.
Oh, forgot to address Mish’s “sick of politics” tweet. One of the few good things about Biden is that US politics will be somewhat normal again. Whenever Joe does something bad, we won’t see hordes of people claiming he’s a deity beyond question, or that he’s playing 4D chess, or that he’s secretly the smartest human ever.
The weird personality cult around the office will disappear, because we all know Biden is just an old status quo guy, someone the ruling elite won’t have to worry about stepping out of line. People often claimed this was a great thing about Trump, but he only upset the system iin dumb, often counterproductive ways. Seeing this opportunity to raise some hell in DC constantly squandered was undoubtedly the single most annoying thing about Trump. How so many people equated clamoring for ZIRP, throwing more money at the MIC, and running massive deficits as rebellion is difficult to understand.
Hard to believe Trump would keep dragging this out unless he genuinely thought he could win. It looked delusional from 11/4 onward, so I wonder who’s been whispering in his ear to give him hope. Even Laura Ingraham on Fox News made a thinly veiled direct appeal to Trump to concede, trying to stroke his ego and have him look forward to the midterms and 2024.
Even on ZH doubt has started to creep in, probably only half the people there still believe Trump will serve a second term. Still absurdly high, but down from 80%+ a week or two ago.
Trump is using the ongoing mess in order to have halfwits contribute to his “Election Defense Fund”, which is basically a grift into a “Leadership PAC” that he can use as he wishes. You know that he would use any “ambiguity” to line his own pockets.
“Instead, in the first week after the election, the small print on Trump’s post-election donation landing pages showed that 60 percent of each donation would go toward paying down the campaign’s outstanding 2020 election debt — $1.2 million as of Oct. 14, in the most recent filing deadline, but will likely be much higher for up to Nov. 3. The remaining 40 percent would go to the RNC.
In other words, small donors who gave thinking they were helping to pay for the campaign’s legal bills were in fact largely helping cover the Trump campaign’s debt. Until that debt was paid off, only those donors who had already maxed out at $2,800 to Trump’s 2020 campaign would have any of their money go to Trump’s recount account.
On Tuesday, a week after the election, the small print changed: Now, 60 percent of every donation goes to Trump’s new leadership PAC, Save America. Only after a donor gives the $5,000 legal maximum to Save America would any portion of their contribution go to Trump’s recount effort.”
“However, Trump’s new leadership PAC offers far more flexibility than a recount account. A leadership PAC is supposed to be used to make contributions to candidates, but it also might be used to finance Trump’s travel and rallies, to pay for events at Trump properties and for other purposes. Additionally, although federal law states that any “contribution accepted by a candidate” cannot be used for personal expenses — such as excessive consulting payments to family members or a trip to Disney World — the Federal Election Commission has created ambiguity about the extent to which the personal use ban applies to contributions accepted by a candidate’s or officeholder’s leadership PAC.”
CUT THE BS ! Why would a billionaire be interested in a couple of lousy million? He even waived the Potus ‘salary’ ! You got rid of your clown, that should be sufficient, now stop the bashing, lying and speculating !
The entire Trump presidency has been a continuous from the hotel on out. You probably are not aware of this since you are not in the country.
Of course, one answer is that he isn’t really a billionaire. Another is that he has $400 million coming due. Another answer is he may have $79 million of back taxes to pay.
The GREAT NATIONAL CONSPIRACY by the demure, politically correct elitarian establishment and its bribed media outlets has been a success beyond imagination ! Your orange clown is a goner ! Congratulations ! Now start focusing on your new dyed-in-the-wool, exemplary but without doubt corrupt, president and see what he achieves in the next four years, let me make a prediction though : NOTHING !
Yeah, I think you nailed it, Lance.
Rudy is getting paid $100k PER WEEK to keep up this charade. They’ll keep it going until the suckers’ $ runs dry, and not a day less.
Trump claims he is worth $Billions. Let him pay for his own campaign debt and his legal expense. If he prevails in all this BS, I will send him $100 as a reward for perseverance.
Back to belief …
we believe in the honesty, we believe in the integrity of our election system
Yes sir, you just have to believe in the democratic process on display here.
Such belief has been eroded by four years of yelling “illigitmate”.
Society has become a little too cynical for appeals to belief to appear as anything but cynical manipulation.
It’s sad to see what’s happening to this country. Where are the republicans?
Welcome to the land of the 1st amendment. Politicians and their supporters can say anything they want in the USA. And, we’ve had some pretty convincing demonstrations of the extent of that “anything” for some time now. Don’t like it? Change countries or revoke the 1st.
We can all patiently wait for the 100s of whistle-blowers and for evidence voting machines were used illicitly. If team-Trump produces that evidence then give ’em a big cheer. If not, well, “voting machine” isn’t a highly esteemed brand in the software field. Some serious review of such machines and their operation is long overdue. So, if that happens, it would be a positive aspect of this circus.
Mish, what’s your opinion on Ivermectin? Some guy I was drinking with mentioned it today.
It has been giving amazing results in non-Pharma controlled countries.
But the standard of care in advanced countries is to stay at home and do nothing until you are hypoxic and beyond saving.
dr Fauci recommends remdesavir, despite the fact that the WHO does not.
Serious side-effects in 20% of the people, no evidence of any efficacy after multiple studies.
He also recommended AZT and refused to allow Bactrim for PCP pneumonia; tnes of thousands of deaths on his watch. That’s how the little malevolent drug dealing pygmy got his start as a sociopathic vaccines broker/merchant for tax-funded public/private partnerships. O, he also diverted funds from government agencies and military bioweapons programs to a certain lab in Wuhan because those funds could no longer be legally spent in the US, thus outsourcing research in gain-of-function synthetic recombinant chimeric Corona viruses (yes, all those words are in the funding applications), wouldn’t you know it, just like the current Corona virus.
I do not know enough to comment
I always take medical advice from my drinking buddies!
All of the studies that have been done on ivermectin that I have seen have shown positive results, yet they are few in number, and only have been done in minor countries. As I understand it, one was started in S. California not long ago, and since it is being done in the US, it may get more attention. It seems odd that it took 8 months before a study was even started, but I guess that’s how it works for generics. With no pharma company pushing for fast results, it takes awhile before someone starts a study.
‘This is Simply Not How the Constitution Works’
Oh yah?
And these same judges tell us LOUD and CLEAR that the Constitution DOES work to ASSISINATE AMERICAN CHILDREND and MASS MURDER MILLONS OF BROWN FOLK in the Middle East and billons of tax dollars to support RACIST NAZI MURDFEROUS NATIONS LIKE ISRAEL and Saudi Arabia and fund America’s SPONSORSHIP OF IT’S WORLD WIDE TERRORIST PROGRAM.
Constitution.
What constitution?
It’s really time for section 11 penalties
Brann not only dismissed the case, he did so with prejudice meaning they can’t amend it. In legalese he said piss off and stop wasting the court’s time
Jenna Ellis claims this is a win since it brings her closer to the Supreme Court. That’s not usually how it works. One goes to court to win.
She also claimed Brann was an Obama appointee. And while technically correct it leaves out he was a compromise and us actually a Republican member of the Federalist society and reccomended by Pat Toomey
Judge Brann was a Federalist Society member who served on the Pa. GOP State Comm, on his county Republican committee for 18 years. He reportedly was picked by Toomey.
Judge Brann’s nomination questionnaire: “I currently serve as the Republican State Committeeman for Bradford County, Chairman of the Northeast Caucus of the Republican Party of Pennsylvania, and as a member of the Leadership Committee of the Republican Party of Pennsylvania.”
He is the kind of judge who ought to be sitting on the high court, rather than a bunch of extremist judicial activists who were selected on the basis of stacking the court with Catholics to overturn Roe.
I guess a $20K a day lawyer can’t buy you a country.
So much whineing…eerrr, winning? Or with Rudy, is it wineing??