2020 Election Lawsuits

[SlimSloSlider]

Sanctions?
Be about time.

[SLQ]

Zoe Tillman
@ZoeTillman
·
3m
Replying to
@ZoeTillman
Giuliani says he is "aggrieved" by opposing counsel saying the complaint doesn't include allegations about observer access, and repeats language in the complaint referring to it. But he doesn't engage with the fact that they cut the specific counts related to that issue

Giuliani argues that they've preserved the observer issue because the equal protection count (which specifically addresses the notice/cure issue) also has a line that says it incorporates everything else above in the complaint

And yet, Giuliani said earlier that he intends to (try to) amend the complaint to add that claim back in (that he just said is already there.)

[Volkonski]

LastThanksgivingHat
@Popehat
Replying to
@Popehat
Judge: Why should I consider claims now, on oral argument, when you made the decision to delete them in the amended complaint?
4:45 PM · Nov 17, 2020·Twitter Web App

Judge: You say you still allege fraud. Putting aside whether I think you do, how do you meet the heightened pleading standard for fraud:

Rudy: It does plead fraud. No it doesn't plead fraud. No it doesn't meet the heightened standard [incomprehensible meandering paraphrased]

Judge: If two of your plaintiffs complain they couldn't correct their ballots in their counties, why aren;'t you there suing those counties? Why are you suing THESE counties here?

[Res Ipsa]

This is one wild motion to dismiss hearing. I can't believe what Brann is letting them get away with.

https://en.wikipedia.org/wiki/Matthew_W._Brann

[Somerset]

This is one wild motion to dismiss hearing. I can't believe what Brann is letting them get away with.

https://en.wikipedia.org/wiki/Matthew_W._Brann

Which “them” are you referring to?

[tek]

I'm gonna assume the judge is making sure all the batshit crazy is in the record.

[Volkonski]

Adam Klasfeld
@KlasfeldReports
·
2m
Replying to
@KlasfeldReports
Judge Brann:

"Why is Secretary Boockvar here?"

He notes that her actions have nothing to do with their clients' votes, but they sued her.

[Dan1100]

Paraphrased judge

"Is the campaigns claim derivative of the 2 individual claims?"

"What is the campaigns injury?"

[Orlylicious]

Agree Res, this is wild!

PA 2.JPG

[Dan1100]

Paraphrase Judge:

"Why does the campaign have standing when the individual plaintiff's have the ability to do that on their own?"


Rudy- blah blah

[Volkonski]

Zoe Tillman
@ZoeTillman
·
1m
Replying to
@ZoeTillman
Brann is asking why the individual voters who claimed their rights were violated b/c their county didn't give them a chance to cure their ballots pursue those claims. Kerns says skeptically that would involve individuals suing their county. Brann: "Well, yes."

[Volkonski]

LastThanksgivingHat
@Popehat
·
2m
Replying to
@Popehat
Judge: How does the campaign have a claim? isn't it derivative of the individual voter claims? Kerns: both
Judge: HOW? Kerns: campaign has an injury because certain votes were counted properly and certain won't [Note: this is not a particularized injury]

[Res Ipsa]

Which “them” are you referring to?

All of them.

I'm one of the listeners-in. The state's attorney of course is making sense, but 90% of what anyone has been talking about is not relevant to the motion to dismiss this complaint.

[Orlylicious]

They really, really missed out not having O Taitz on the team.

PA 3.JPG

[Volkonski]

Adam Klasfeld
@KlasfeldReports
·
43s
Replying to
@KlasfeldReports
Q: What is the injury?

Kerns, Trump camp atty: Of the voters or the campaign?

Q: The campaign.

Kerns alleges that if everyone had a chance to cure defective ballots, the results could have been "very, very different."

(Note: They wouldn't.)

[Chilidog]

So.

Is Rudy going to get drunk in his hotel room by himself tonight?

[tek]

So.

Is Rudy going to get drunk in his hotel room by himself tonight?

He'll always have his shirt-tails

[Volkonski]

Zoe Tillman
@ZoeTillman
·
1m
Replying to
@ZoeTillman
Brann is asking why the Trump campaign has standing when there are voters in the case who are capable of trying to vindicate their own rights. Giuliani tries to connect the fact that the counties that permitted ballot curing (a la Philly) are also Democratic-leaning

[Volkonski]

LastThanksgivingHat
@Popehat
·
6m
Judge: Why does the campaign have standing to pursue individual voters' rights when they are willing and able to sue on their own? Rudy: incoherent non-response. Just totally fucking incoherent and non-responsive.

I genuinely got the sense that Rudy didn't understand the legal concept being addressed as opposed to not having a good response which he didn't.

Rudy is stammering and being colloquial and meandering and really losing any ground he ever gained.

Judge: is there ANY precedent from THIS circuit supporting your standing argument

[SLQ]

Zoe Tillman
@ZoeTillman
·
1m
Replying to
@ZoeTillman
Brann is asking why the Trump campaign has standing when there are voters in the case who are capable of trying to vindicate their own rights. Giuliani tries to connect the fact that the counties that permitted ballot curing (a la Philly) are also Democratic-leaning

Ah. The "evil libruls" cause of action.

[Dan1100]

"What standard am I supposed to apply?"

"Should I apply strict scrutiny?"

Rudy doesn't understand the question.

"How does making someone else's ability to vote easier burden your clients?"

Rudy- blah blah

[neonzx]

Gabriel Malor
@gabrielmalor
LOL, defense counsel googled that case that plaintiffs offered and points out that it doesn't have anything to do with standing.

Judge says "yeah, we didn't find it either."

[Volkonski]

Meanwhile in Nevada-

Justin Miller
@justinjm1
·
2m
The nuclear option gets wheeled into view: Trump's Nevada electors sue to have him declared the winner of a state that he lost, or else the presidential race's results should be annulled https://cdn.donaldjtrump.com/public-fil ... -doc-2.pdf

[Volkonski]

LastThanksgivingHat
@Popehat
·
5m
Donnovan swoops back in for the defendants to say that he pulled the case that Rudy and co-counsel cited and it doesn't say jack shit about what they claim it says.

[Volkonski]

LastThanksgivingHat
@Popehat
·
1m
The judge is audibly skeptical and somewhat incredulous.

Judge: if I conclude that rational basis review is appropriate (that is, state needs only a rational basis for different cure standards), isn't that satisfied?