From Threadreaderapp link in title.
The end around case has been put together by TX AG Ken Paxton suing GA, MI, WI, and PA at SCOTUS. Bringing this case across multiple jurisdictions gives it a straight lane to the SCOTUS; this happened just before midnight tonight. Texas approached the Supreme Court directly because Article III provides that it is the court of first impression on subjects where it has original jurisdiction, such as disputes between two or more states, this is hard tactics.
The Great State of Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. These non-legislative changes to the Defendant States’ election laws facilitated the casting and counting of ballots in violation of state law, which, in turn, violated the Electors Clause of Article II, Section 1, Clause 2 of the U.S. Constitution.
Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution's Equal Protection Clause. Bush v. Gore 2000. Finally, Texas argues that there were "voting irregularities" in these states as a result of these changes.
Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. If this is successful it opens the door for the next step. The genius behind this is they don't have to prove fraud, there's no doubt there are "election irregularities" all that has to be proven is that they changed election laws by executive order and not by legislation as required by the US Constitution. Article II, Section 1 Clause 2. All these Governors and Sec of States making these changes out in the open make the case pretty clear.
The Defense is going to claim it was a COVID Pandemic, mark my words, it's all they got, it was their excuse for everything in every state. Article II, Section 1, Clause 2 is really clear and there is no Pandemic clause. Now when they start screaming Pandemic Crisis, all the libs that went out for haircuts and Napa Valley Dinners, and seen all over the media, claiming privilege, are screwed. If you can go to the store, go out to eat, go get your hair done, do all the things the political elite were doing, while claiming lockdown and mask mandates, then you can get out and vote, no need for special circumstances! Game set match!
The relief being sought has not only precedent (Election of 1836) it has constitutional verbage to back it up. Not asking for the SCOTUS to throw out ballots, just follow the Constitution and the 12th Amendment of a Contingent Election.
"By these unlawful acts, the Defendant States have not only tainted the integrity of their own citizens' vote, but their actions have also debased the votes of citizens in Plaintiff State and other States that remained loyal to the Constitution."
This a very narrow lawsuit that gets straight to the heart of the matter. Questions are can a state executive ignore legislation when setting election rules? According to the very specific wording of the US Constitution, no they cannot, there's zero room for ambiguity on that.
Next question is the power of the state legislatures to appoint electors plenary, or are the state legislatures bound by the laws they have passed on how to appoint electors? The only state in this suit that have bound electors is GA, however there is wiggle room legally. The way you get around the bound elector in GA is to show that they violated their own Constitution, as the US Constitution.
2 factors involved in the GA Constitution violation, with the settlement the Sec of State made to change absentee voting. It violates the GA Constitution. This tactic is an express lane to the SCOTUS that have questions that are being asked elsewhere in other suits, but are best answered by SCOTUS. It cuts out the time consuming process to get to the SCOTUS thru the lower courts.
I have but one updoot to give you fren, thank you for the lol!
Epoch Time article below.
Arizona GOP Chairwoman Kelli Ward said she’s filing an appeal with the state’s Supreme Court to challenge the certification of the Nov. 3 election results.
Ward told local station KTAR-TV that she filed an appeal with the Arizona Supreme Court on Dec. 4 to reverse the state’s certification. The court confirmed that it received her appeal on Monday, saying it would decide the matter without an oral argument, the news outlet reported.
It came after a Maricopa County judge ruled that Ward’s petition failed to prove any fraud occurred when she tried to challenge the results in the county, which includes Phoenix.
On Nov. 30, Arizona Gov. Doug Ducey and Attorney General Mark Brnovich signed off on Secretary of State Katie Hobbs’ certification of the election results. All three officials said they have seen no evidence of fraud that would overturn the election results in the state.
The GOP’s lawsuit pertains to Maricopa County, which Democrat Joe Biden won by 45,000 votes, according to state election data. Biden, according to the data, is leading Trump by about 10,457 votes in Arizona.
Ward, in a Twitter post on Monday, wrote that the ballot rejection rate for mail-in ballots in Maricopa County is unusual.
“Almost 2 MILLION absentee/early ballots returned in Maricopa Co & only 600 were rejected for signature mismatch. SIX HUNDRED. Why pretend to check?” she said.
In a video posted on Twitter, Ward said the Maricopa County judge, Randall Warner, was acting under a “self-imposed deadline,” prompting the GOP’s appeal to the state’s highest court.
Ward again said the petition is asking the court to review 28,000 duplicated ballots, as well as digitally adjudicated ballots, that were cast in Maricopa County. She estimated that more than 100,000 ballots are at stake.
The mainstream media, she added, is erroneously attempting to characterize the lawsuits filed by Republicans as attempts to steal the election.
“We are trying to have integrity in our electoral process,” she said, adding: “We have every right to make legal challenges.”
She also called on the Arizona legislature to call a special session about whether to reclaim their constitutional authority to send electors, as Trump’s lawyers have suggested in recent weeks.
Over the past weekend, the Arizona State House announced it would close for a week due to CCP virus concerns.
Michael E. Hunter, the Chief of Staff for the Arizona House of Representatives, told media outlets that no one will have permission to meet or work in the state House of Representatives building.
@SidneyPowell1 tells me her team plans to appeal the dismissal of the Georgia lawsuit issued earlier today, with the ultimate goal of getting the case before the U.S. Supreme Court.
Epoch Times article.
A federal judge in Georgia on Dec. 7 dismissed an election-related lawsuit brought by Sidney Powell, arguing that the plaintiffs have no standing to bring the lawsuit, should have filed it with a state court, and brought the suit too late.
U.S. District Court Judge Timothy Batten, appointed by George Bush in 2005, cited a circuit court opinion that found that similar election challenges should be brought in state court.
“There’s no question that Georgia has a statute that explicitly directs that elections contests be filed in Georgia Superior Court,” Batten said after announcing his decision during a hearing on Monday.“They are state elections. State courts should evaluate these proceedings from start to finish.”
Batten signaled his skepticism about the lawsuit at the opening of the hearing, choosing some of the talking points emphasized by the defendants to introduce the case.
The judge made his decision after hearing roughly 30 minutes’ worth of arguments from the defendants and Powell, who is representing several Republican electors.
“Additionally I find that the plaintiffs waited too late to file this lawsuit. Their primary complaint involves the Dominion ballot marking devices. They say that those machines are susceptible to fraud. There’s no reason they could not have followed the administrative procedure act to object to the rulemaking authority that had been exercised by the secretary of state. This suit could have been filed months ago when the machines were adopted,” Batten said.
In addition to claiming that the Dominion machines were manipulated to change the outcome of the election, Powell alleged several other categories of potentially illegal votes, each sufficient to dispute the outcome of the Nov. 3 election in the Peach State. She disagreed with the argument that the plaintiffs do not have standing or brought the suit too late.
“For those reasons we request the court to deny the motion to dismiss, allow us a few days, perhaps even just five, to conduct an examination of the machines that we have requested from the beginning and find out exactly what went on and give the court further evidence it might want to rule in our favor because the fraud that has happened here has destroyed any public confidence that the will of the people is reflected in their vote and just simply cannot stand,” Powell said in closing her argument.
The plaintiffs asked the court to decertify the results of the election, a remedy the judge deemed extraordinary.
Epoch Times article.
President Donald Trump’s reelection campaign filed an election contest in Georgia on Dec. 4, alleging violations of the Constitution and state laws.
The contest petition (pdf), filed in the Superior Court of Fulton County, states that several Georgia election officials committed “repeated violations of the election code” which “constituted an abandonment of the legislature’s duly enacted framework for conducting the election and for choosing presidential electors, contrary to Georgia law and the United States Constitution.”
The campaign is asking the court to declare that ineligible voters cast votes during the Nov. 3 election, void the results of the election, and order a new presidential election in the state, among other remedies.
“What was filed today clearly documents that there are literally tens of thousands of illegal votes that were cast, counted, and included in the tabulations the Secretary of State is preparing to certify,” Ray Smith, the lead counsel for the Trump campaign, said. “The massive irregularities, mistakes, and potential fraud violate the Georgia Election Code, making it impossible to know with certainty the actual outcome of the presidential race in Georgia.”
The complaint is accompanied by sworn affidavits from Georgia residents who allege that election officials failed to verify signatures on ballots and prevented Republican poll monitors from adequately observing the voted count. Some of the affidavits describe the appearance of oddly “pristine” absentee and mail-in ballots which missed the creases created when the ballots are folded to fit into a privacy envelope.
The petitioners also cite data experts who identified several groups of people who voted illegally, including “2,560 felons; 66,247 underage voters, 2,423 votes from people not registered; 1,043 individuals registered at post office boxes; 4,926 individuals who voted in Georgia after registering in another state; 395 individuals who voted in two states; 15,700 votes from people who moved out of state before the election; 40,279 votes of people who moved without re-registering in their new county; and another 30,000 to 40,000 absentee ballots lacking proper signature matching and verification.”
“The Secretary of State has orchestrated the worst excuse for an election in Georgia history,” Smith said. “We are asking the Court to vacate the certification of the presidential election and to order a new statewide election for president.”
In the week leading up to the filing of the contest, Georgia conducted a machine recount of the presidential election which is expected to show former Vice President Joe Biden in the lead.
Epoch Times article.
A Nevada judge has dismissed a lawsuit filed by President Donald Trump’s campaign in the state that seeks to throw out tens of thousands of votes.
Judge James Russell wrote in his order (pdf) that the Trump campaign “did not prove under any standard of proof that any illegal votes were cast and counted, or legal votes were not counted at all, for any other improper or illegal reason, nor in an amount equal to or greater than 33,596, or otherwise in an amount sufficient to raise reasonable doubt as to the outcome of the election.”
Russell also wrote that the campaign did not prove “that the electronic voting machines malfunctioned in a manner sufficient to raise reasonable doubt” over the election outcome. The campaign also “did not prove that ‘the election board or any member thereof was guilty of malfeasance,'” he wrote.
The judge also wrote that the campaign “did not prove that ‘the defendant or any person acting, either directly or indirectly, on behalf of the defendant was given, or offered to give, to any person anything of value for the purpose of manipulating or altering the outcome of the election.”
He also also ordered Trump campaign lawyers to pay the defendants’ legal fees.
“We disagree with the order,” Amanda Millius, spokesperson for Jesse Binnall, a lawyer on the Trump legal team, said in an emailed statement.
“The case and evidence we presented was compelling and overwhelming. We will be appealing to the Nevada Supreme Court.”
The Trump campaign had alleged that voting irregularities and fraud was to a level that would raise doubts about the outcome of the election in Nevada, where Biden’s margin of victory is 33,596 recorded votes, or 2.4 percent.
Trump’s lawyers had said in court that about 42,000 voters “voted twice” in Nevada and that 1,500 voters were listed as deceased by the Social Security Administration.
The team also said that 2,468 voters legally changed their addresses to another country or state, about 20,000 voters had a non-Nevada mailing address, and 6,000 voters who had U.S. Postal Service “flags” on “vacant addresses.”
They also submitted evidence that claims to show nearly 8,000 ballots cast “by voters with addresses that are physically non-existent,” and approximately 15,000 voters who were “registered to vacant or commercial properties that cast ballots,” according to the Nevada GOP.
The Nevada GOP shared a report (pdf) from a data science and analysis expert on its website for public access on Dec. 3. The report alleges the abovementioned numbers showing voting irregularities. Trump’s legal team said in the filing that the expert’s conclusions “will demonstrate fraudulent and improper voting in Nevada in an amount exceeding” Biden’s margin of victory.
Prior to the hearing over the lawsuit, the Nevada GOP said on Twitter that it had testimony from multiple witnesses reporting that “USB drives used in the election would show that vote tallies changed overnight.”
“That means in the dead of night, votes would appear or disappear on these voting machines during early voting and Election Day.”
Nevada Gov. Steve Sisolak on Nov. 25 signed a certificate of ascertainment for Democratic electors to cast their six votes to presidential nominee Joe Biden, a day after the state Supreme Court declared the results final.
The Epoch Times won’t declare a winner of the 2020 presidential election until all results are certified and any legal challenges are resolved.
Hear hear pede, I have said much of the same albeit not as thorough as yourself. Show your support for GEOTUS, do as he asks of us, and remember THE BEST IS YET TO COME!
Important PSA from Sundance at The Conservative Treehouse;
The Supreme Court is currently the only institution holding the thin and frayed constitutional line.
NOW HEAR THIS GEORGIA VOTERS – You are currently wide-eyed to the reality that republicans are often, perhaps always, no better than the other wing of the same uniparty bird in DC. The establishment GOP is indeed an enemy to our republic.
HOWEVER, the U.S. Senate is the only institution right now that can block the destruction of the Supreme Court. The power to consent and confirm lies in the Senate.
As much as there is righteous anger pointed toward the republican party establishment for their duplicitous and Machiavellian construct, YOU MUST get out and vote for the republican senators in the run-off election, because if you don’t the leftist hoard will overwhelm the battlements of SCOTUS. Think strategically. Act purposefully. Hold The Senate!
We are on the precipice frens. Let it play out AND do what is asked of us to support GEOTUS (GA pedes hold your nose). HOLD THE LINE! THE BEST IS YET TO COME!
Read the full press release from the Trump campaign.
The left will undeniably circle the wagons around the most depraved and sinister of their members to present a united front and advance towards their goals (our demise).
IMHO this quintessential holding your nose moment to vote for a RINO gives POTUS one less thing to worry about by keeping our fragile majority in the Senate.
Primaries are the time to toss RINOs. Not voting Republican in this runoff will only handicap our favorite President further in this zero sum game against the traitors and Deep State, you know the big picture.
No one is happy with this situation but please put down the figurative match and lighter fluid if you are a Georgian voter. We must first preserve this Republic by giving POTUS all the support he is asking of us, thereafter we deal with the RINOs and traitors.
The choice is yours, choose wisely.
Highest stake game of chicken is playing out before our eyes between Patriots and Traitors. My confidence remains absolute in POTUS and although we are not privy to his strategies or timing, I believe the best is yet to come.
All options remain on the table.
I do not pretend to have all the answers yet I believe our path to victory becomes more difficult, but not impossible, if the state legislatures abdicate their sole authority to select their representatives to the Electoral College as established in Article 2, Section 1.2 of the United States Constitution.
Georgians must rise and demand crucial action by their representatives AND vote for both Republican candidates in their upcoming runoff (despite any and all reservations). We MUST maintain our majority in the Senate and secure long term victory via SCOTUS.
Excellent catch pede, safe habor is Dec. 8 where legal disputes are settled and election results certified by that date; states are freed from any further contest-of-election challenges. I am convinced any and all 'hearings' are either kabuki theater or opportunities to wage a public relations narrative. What matters more is the ongoing judicial battle and the lawsuits working their way through the courts.
That being said, what is absolutely imperative is the legislative battle. Lin Wood lays it out best:
All Republicans who want GA voters to support @KLoeffler & @sendavidperdue in a lawful election should IMMEDIATELY demand that @BrianKempGA order a special session to address theft of Presidential election from GA voters. Support @realDonaldTrump or suffer wrath of GA Patriots.
At least four lawsuits thus far in WI; one from Sidney Powell and three from the Trump Campaign or GEOTUS himself.
December 1 - Sidney Powell Files Suit in Wisconsin to Block State From Certifying Results
December 1 - TRUMP CAMPAIGN FILES LAWSUIT IN WISCONSIN TO RESTORE ELECTION INTEGRITY
December 2 - PRESIDENT TRUMP FILES SUIT IN WISCONSIN ALLEGING UNLAWFUL & UNCONSTITUTIONAL ACTS
December 3 - TRUMP CAMPAIGN FILES NOTICE OF APPEAL IN DANE, MILWAUKEE COUNTIES
Don't believe so pede, this lawsuit is against the Wisconsin Elections Commission; multi-pronged approach.
The Trump campaign on Dec. 3 filed a series of affidavits and declarations in support of a lawsuit brought by President Donald Trump on Dec. 2 against election officials and leaders in Wisconsin, alleging “unlawful and unconstitutional” acts and asking the court to forward the matter to the state legislature.
I believe what you are inquiring about just happened. The Trump Campaign just filed their notice of appeal at the direction of the WI Supreme Court.
Press release from Trump Campaign:
“We welcome the direction of the Supreme Court to file in Dane and Milwaukee Counties as we pursue making certain that only legal votes count in Wisconsin - and we will immediately do so. It was clear from their writings that the court recognizes the seriousness of these issues, and we look forward to taking the next step. We fully expect to be back in front of the Supreme Court very soon,” said Jim Troupis, Wisconsin counsel for the campaign. “As I have said before, we will continue fighting on behalf of Wisconsinites and the American people to defend their right to a free and fair election. The only way to do that is by helping to restore integrity and transparency in our elections.”
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I think the evidence is gonna be so overwhelming and I would warn any state right now that thinks they’re going to certify this election to rethink it very seriously because what they’re certifying is their own fraud and their own complicity in fraud. And I even might mount a class action suit to sue them themselves for their participation in it. It’s ridiculous.
The Kraken warned them to not certify...FA&FO!
I regularly post relevant premium Epoch Times articles in full. Read this one and not just the headline.
Judge Postpones Dec. 4th Hearing in High-Profile Georgia Case. Sidney 'Kraken' Powell Filed Emergency Appeal to 11th Circuit. SCJ Clarence Thomas Awaits!
This would be an accurate headline.
Correct, emergency appeal file by the plaintiffs (Powell) to bypass GA district court and proceed to 11th Circuit Court of Appeals (SCJ Thomas). Actually read the article frens.
Batten last week ordered three counties not to reset or wipe voting machines while the case is decided, but plaintiffs filed an emergency appeal earlier Tuesday to the United States Court of Appeals for the Eleventh Circuit, noting they requested such an action statewide.
“This Notice of Appeal as of right should divest the district court of jurisdiction. If not, Plaintiffs would request a stay of the hearing currently scheduled in the district court for Dec. 4, 2020, until this Court has ruled on the questions raised by the appeal, including whether Plaintiffs must add to the suit each of the 600-plus county election officials in addition to the secretary of state for Georgia, who by law is responsible for Georgia elections and spent $107 million taxpayer dollars to purchase Dominion voting systems for the entire state,” lawyers for the plaintiffs, including Powell, wrote.
Great to know! Just want to give folks options for who are now hooked on OAN.
https://beta.documentcloud.org/documents/20420564-20201203162739451_final_emergency-application-for-writ-of-injunction