Welcome to the Communist States of America.
Welcome to the Communist States of America.
Yup. All this lower court stuff is only following the process to get to the scotus
If I am not mistaken, you cannot claim fraud to the SCOTUS if you don't claim it in the lower courts. Maybe we have a lawyer on here that can clear that up.
As far as I know Giuliani and the other lawyers have not been making that claim in actual court. I don't see the SC tossing out millions of ballots because someone thinks something nefarious must have happened because their candidate lost without being able to provide concrete evidence (so far).
All they really need is a couple of legislatures to ask for a forensic audit of their individual state elections.
I wonder what the strategy is myself. Even if there isn’t one it doesn’t bother me if they drag it out till January just to spite the obstructionist so and sos. And ditto to those still Biden campaigning here.
Worship the LORD, not HIS creation.
"No self respecting turkey hunter would pay $5 for a call that makes a good sound when he can buy a custom call for $80 and get the same sound."-NWiles
To be clear, fuck Hiden and Hairass. The crank and the skank.
Part of the ruling states:
"Not every voter can be expected to follow this process perfectly. Some forget one of
the envelopes. Others forget to sign on the dotted line. Some major errors will invalidate a
ballot. For instance, counties may not count mail-in ballots that lack secrecy envelopes.
Pa. Dem. Party v. Boockvar, 238 A.3d 345, 378–80 (Pa. 2020). But the Election Code says
nothing about what should happen if a county notices these errors before election day.
Some counties stay silent and do not count the ballots; others contact the voters and give
them a chance to correct their errors.
1. Mail-in voting. For months, Pennsylvanians went to the polls, so to speak. The first
batch of mail-in ballots went out to voters in late September. As they trickled back in,
election officials noticed that some voters had not followed the rules. Some ballots were
not in secrecy envelopes, so those packages were lighter and thinner than complete ballot
packages. Others had declarations that voters had not completed. Some counties did not
notify voters about these defective ballots. Others, including the counties named in this
suit, decided to reach out to these voters to let them cure their mistakes by voting provisionally
on Election Day or asking for a replacement ballot.
Later on....
What is more, throwing out those votes would conflict with Pennsylvania election law.
The Pennsylvania Supreme Court has long “liberally construed” its Election Code “to protect
voters’ right to vote,” even when a ballot violates a technical requirement. Shambach
v. Bickhart, 845 A.2d 793, 802 (Pa. 2004). “Technicalities should not be used to make the
right of the voter insecure.” Appeal of James, 105 A.2d 64, 66 (Pa. 1954) (internal quotation
marks omitted). That court recently reiterated: “[T]he Election Code should be liberally
construed so as not to deprive, inter alia, electors of their right to elect a candidate of
their choice.” Pa. Dem. Party, 238 A.3d at 356. Thus, unless there is evidence of fraud,
Pennsylvania law overlooks small ballot glitches and respects the expressed intent of every
lawful voter. In re: Canvass of Absentee and Mail-in Ballots, 2020 WL 6875017, at *1 (plurality
opinion). In our federalist system, we must respect Pennsylvania’s approach to running
elections. We will not make more of ballot technicalities than Pennsylvania itself does.
Voters, not lawyers, choose the President. Ballots, not briefs, decide elections. 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. The Campaign never alleges that
any ballot was fraudulent or cast by an illegal voter. It never alleges that any defendant
treated the Trump campaign or its votes worse than it treated the Biden campaign or its
votes. Calling something discrimination does not make it so. The Second Amended Complaint
still suffers from these core defects, so granting leave to amend would have been
futile.
And there is no basis to grant the unprecedented injunction sought here. First, for the
reasons already given, the Campaign is unlikely to succeed on the merits. Second, it shows
no irreparable harm, offering specific challenges to many fewer ballots than the roughly
81,000-vote margin of victory. Third, the Campaign is responsible for its delay and repetitive
litigation. Finally, the public interest strongly favors finality, counting every lawful
voter’s vote, and not disenfranchising millions of Pennsylvania voters who voted by mail.
Plus, discarding those votes could disrupt every other election on the ballot.
We will thus affirm the District Court’s denial of leave to amend, and we deny an injunction
pending appeal. The Campaign asked for a very fast briefing schedule, and we
have granted its request. Because the Campaign wants us to move as fast as possible, we
also deny oral argument. We grant all motions to file overlength responses, to file amicus
briefs, and to supplement appendices. We deny all other outstanding motions as moot. This
Court’s mandate shall issue at once."
If testimony to the Senate committee on Wednesday showed computer program proof of fraud to the tune of a net 572+(?)K votes for Biden, why in tarnation isn’t Guiliani using that same data for their lawsuit? It’s like he’s not digging as deep as Sidney Powell and others are.
.
Foothills Golden Retriever Rescue
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"Keep your powder dry, Boys!" ~ George Washington
"If I understood everything I said I'd be a genius." ~ 'Unknown'
They are not going to show their cards till they get to the supreme court
Last edited by reeltight; 11-27-2020 at 08:45 PM.
Not sure you can do that. You typically don't claim an entire new line of defense in cases heard by lower courts.
I'm pretty sure you have to argue those points in lower courts and then appeal to the SC. Otherwise, what are you appealing? If you are claiming fraud, the issue has to be brought up in lower courts. Trump's lawyers have specifically avoided using that term. This ain't Judge Judy where you go in with a folder of paid receipts and a friend to help plead your case.
I've read a few rulings and always see something to the claim of "the issue of such and such (in this case fraud) was not raised previously so it is not preserved for our review" or something like that.
Is there a lawyer than can clear this up?
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Foothills Golden Retriever Rescue
.
"Keep your powder dry, Boys!" ~ George Washington
"If I understood everything I said I'd be a genius." ~ 'Unknown'
I think the problem Trump’s team is going to have is that they have publicly been saying they have evidence of fraud, yet have not brought it up in court. It’s not like they just found out Friday, they have claimed proof for a few weeks. I suspect they will not be able to bring this up in the SC or at best it would be remanded back to a lower court.
The problem with proof is once you separate the ballot from the envelope, there's no going back.
The problem with the software is once it changed the votes there is also embedded software that covers it's tracks.
The only proof is the common sense tallying after midnight where Biden was getting 99.9 % of the vote and the sworn affidavits from witnesses.
You know it happened but can't prove it.
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I suspect Reps in Georgia will stay home. The two RINOs Senate candies are not fighting for Trump.
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Foothills Golden Retriever Rescue
.
"Keep your powder dry, Boys!" ~ George Washington
"If I understood everything I said I'd be a genius." ~ 'Unknown'
Trump delivered down ballot big for the GOP. They know he won. They were all bark during impeachment it may time for them to reminded.
Last edited by Bigtimber2; 11-29-2020 at 08:51 AM.
And then see this.
https://www.bbc.com/news/world-latin-america-51800316
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Last edited by Catdaddy; 11-28-2020 at 11:28 PM.
meanwhile, over in GA, the Dominion server magically crashes in Fulton county during 3rd recount.
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