Scathing Unanimous Decision

Please consider Trump’s Pennsylvania Appeal Rejected in Scathing Decision by His Own Appointee

“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here,” 3rd U.S. Circuit Court of Appeals Justice Stephanos Bibas wrote in a 21-page opinion issued Friday.

The three-judge panel noted that the campaign’s grievances amounted to “nothing more” than allegations that Pennsylvania restricted poll watchers and let voters fix technical defects in their mail-in ballots.

“The Campaign tries to repackage these state-law claims as unconstitutional discrimination. Yet its allegations are vague and conclusory,” the opinion says.  “It never alleges that anyone treated the Trump campaign or Trump votes worse than it treated the Biden campaign or Biden votes.”

The court said it would not issue an injunction to undo the certification because “the Campaign’s claims have no merit.

The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters,” the court found.

Voters, not lawyers, choose the President. Ballots, not briefs, decide election,” they wrote.

“The ballots here are governed by Pennsylvania election law. No federal law requires poll watchers or specifies where they must live or how close they may stand when votes are counted. Nor does federal law govern whether to count ballots with minor state-law defects or let voters cure those defects.

“Those are all issues of state law, not ones that we can hear. And earlier lawsuits have rejected those claims. Seeking to turn those state-law claims into federal ones, the Campaign claims discrimination. But its alchemy cannot transmute lead into gold.”

Expected Outcome

Anyone who seriously expected a different outcome has wormy oatmeal where brains belong. 

There was no chance of a win. 

It was foolish to even present the case because it let a panel of Republican-appointed judges blast the case sky high.

Deluged by Madness

My inbox is deluged with madness: What about this? What about that? 

The questions and articles are all absurd. 

Sworn Statements

The same people refuse to believe sworn statements against Judge Kavanaugh but are willing to believe obvious nonsense here. 

Why?

It suits their purpose. 

For the record, I believe the statements against Kavanaugh were lies and I believe the same here. 

All we have is hearsay. No actual evidence was presented. 

A Word About Statistics 

Supposedly it was "impossible" for all these late ballots to be 90%+ for Biden. 

In reality, this was the expected behavior and stated in advance of the election. 

Absentee ballots could not be separated from the envelopes until after the election in many states. Republican legislatures purposely disallowed the process.

The result was a deluge of mail-in votes, overwhelmingly Democratic to start with, from overwhelmingly Democratic counties on top of it.

Once again, one has to have oatmeal where brains should be to actually believe these ballots represented fraud. 

Voting Machines

Claims of voting machine tampering keep circulating. The fact remains (and I do mean fact) that if there was machine tampering, then it would have turned up in Georgia hand recounts.

It didn't. There is only one logical conclusions: There was no machine tampering. 

That is not the same as thing there was no fraud anywhere. There is fraud, a handful of votes here and there, in every election. Call it several thousand if you prefer. 

But several thousand, even if all in one place, would not have changed a single state. 

No Evidence of Fraud

There is no evidence, none, anywhere, of any fraud. Not only was there no evidence, Trump's lawyers refused every time to allege fraud in court.

Let me repeat that so that it might sink in: Trump's lawyers refused every time to allege fraud in court.

Publicly, team Trump charges fraud. In court they refuse to do so.

RECOMMENDED ARTICLES

Why?

There are legal ramifications of lying to a judge. 

Inside Story of Michigan’s Fake Voter Fraud Scandal

Politico has thorough coverage of the Inside Story of Michigan’s Fake Voter Fraud Scandal.

We must not attempt to exercise power we simply don’t have,” declared Van Langevelde, a member of Michigan’s board of state canvassers, the ministerial body with sole authority to make official Joe Biden’s victory over Trump. “As John Adams once said, 'We are a government of laws, not men.' This board needs to adhere to that principle here today. This board must do its part to uphold the rule of law and comply with our legal duty to certify this election.”

Van Langevelde is a Republican. He works for Republicans in the Statehouse. He gives legal guidance to advance Republican causes and win Republican campaigns. As a Republican, his mandate for Monday’s hearing—handed down from the state party chair, the national party chair and the president himself—was straightforward. They wanted Michigan’s board of canvassers to delay certification of Biden’s victory. 

Anybody can sue anybody for any reason. But winning is a whole different matter. And Trump didn’t have a realistic pathway here,” Brian Calley, the former GOP lieutenant governor, told me prior to the certification vote.

No amount of @realdonaldtrump tweets or wild-eyed allegations from his lawyers or unhinged segments on One America News can change that.  But what they can change—where he can ultimately succeed—is in convincing unprecedented numbers of Americans that their votes didn’t count. 

The true insanity was saved for Detroit. By early afternoon on Wednesday, hundreds and hundreds of Republicans had descended on the TCF Center, responding to an all-hands-on-deck missive that went out from the state party and was disseminated by local officials. Cox, the party chair, tweeted out a video of her comrades standing outside the locked-up downtown building. “Republican poll challengers blocked from entering the TCF Center in Detroit! This is egregious!” she wrote.

Truly egregious was Cox’s dishonesty. At the time of her tweet, several hundred of her party’s poll challengers, attorneys and representatives were already inside the TCF Center monitoring the count. By law, Republicans were allowed to have 134 challengers in the room, one for each tabulation table. In reality, the GOP had far more than that, according to sworn testimony from nonpartisan poll watchers inside the TCF Center.

“The people outside that room were doing exactly what the law says you would eject people for doing—they were disrupting the election,” Thomas said. “Everyone else in the room—the Democratic Party, the Republican Party, the ACLU, the nonpartisans—they all still had a full complement of challengers in the room. And the Republicans, by the way, had far more challengers in the room than they were entitled to.”

As conspiracy theories proliferated across the right-wing information universe—Sharpie markers disenfranchising Trump voters in Arizona, a marked Biden/Harris van unloading boxes full of ballots in Nevada, suspicious turnout patterns in Wisconsin—Detroit held a special place in the president’s heart.

Trump alleged that Republicans had been “denied access to observe any counting in Detroit” and that the windows had been covered because “they didn’t want anybody seeing the counting.

All of this was a lie. Republicans here—from Ronna Romney McDaniel to Laura Cox to federal and local lawmakers—knew it was a lie. But they didn’t lift a finger in protest as the president disparaged Michigan and subverted America’s democratic norms. Why?

There is little cause for optimism. If the majority of GOP politicians couldn’t be bothered to do the easy work of debunking crackpot conspiracy theories, how likely are they to do the hard work of hardening our democracy?

A lot of our leaders in this country ought to be ashamed of themselves,” said Thomas, the nonpartisan elections guru who kept Michigan’s governing class guessing his political affiliation for the past several decades. “They have propagated this narrative of massive fraud, and it’s simply not true. They’ve leapt from some human error to massive fraud. It’s like a leap to Never Neverland. And people are believing them.”

Critical Thinking

A long-time reader today accused me of lack of critical thinking. 

This same reader sent me crackpot theories about Venezuela, statististics, voting machines, poll watchers, and sworn statements.

He believes all of them, even the ridiculously wild claims of Attorney Sidney Powell.

This is despite the fact that Sidney Powell Fired was for Being Too Conspiratorial Even For Trump.

This is also despite the fact that Trump not once presented a case in court alleging fraud.

And it is also despite the fact Chris Christie Calls Trump's Legal Team a National Embarrassment

Critical thinking, where the hell is it?

Accurate Flashback Prediction 

Bingo. 

We saw the result today with the second scathing rebuke of Giuliani. 

Supreme Court Thesis 

My "critical thinking" reader also believes there is some sort of reasonable chance the Supreme Court will come flying in like SuperGirl teaming up with SuperMan Trump to preserve Truth, Justice, and the American way.

Indeed, many delusional people still believe the Supreme Court will save the day for Trump.

Amusingly, this is despite the second scathing rebuke of Rudy Giuliani and Team Trump by Appeals Courts. 

Judge Disembowels Trump's "Frankenstein" Pennsylvania Lawsuit

In case you missed it, please consider Judge Disembowels Trump's "Frankenstein" Pennsylvania Lawsuit.

With these rebukes it is highly unlikely the Supreme Court will even hear these cases, let alone decide them for Trump. 

I discussed this on November 24 in Universal Realization That Trump Lost the Election

As I suggested all along, the Supreme Court is unlikely to even hear most of these cases if any at all ... on the basis that the controversy does not make a difference in the ultimate result.

What I describe above is called denial of writ of certiorari because the case is moot, that is, the Supreme Court will refuse to take the case because decision will make no difference in the outcome of the election.

The fact remains Pennsylvania, Michigan, Georgia, and Nevada have all certified the election for Biden.

No court is going to overturn that.

Trump Cult Syndrome 

Feel free to believe whatever delusions you want. 

Just be aware that if you do, you have a clear case of Trump Cult Syndrome (TCS), belief in anything Trump says, no matter how preposterous or contradictory.

Mish