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Wednesday, December 2, 2020

Will The Rubber Meet The Road? We'll Know Very Soon.

Shipwreckedcrew has a quite lengthy article out on Pennsylvania development, but the implications can be briefly summarized for those who want the bottom line:


Case Challenging Penn. Mail-In Voting Seeks Emergency Injunction From Justice Alito To Prevent Naming of Electors


Yesterday GOP Congressman Mike Kelly, GOP congressional candidate Sean Parnell, and five others filed an Emergency Application for a Writ of Injunction with Justice Samuel Alito of the Supreme Court, seeking to prevent Pennsylvania officials from taking any remaining steps to certify the election result or name Electors for Joe Biden to the Electoral College.

This is a very interesting development and will give us a strong indication as to the willingness of the Supreme Court to enter into the election litigation brawl.


Most people, including me, assume from Alito's past opinions regarding the actions of Pennsylvania Supreme Court in rewriting PA election law that Alito is very much in favor of the SCOTUS taking up this case. Those earlier opinions came in the context of an 8 member pre-Justice Amy SCOTUS, which deadlocked 4-4, thanks to Roberts. SWC gives a full account of those opinions and you can read all about it, but the point is this: It's a new game, now. There won't be any 4-4 opinion if the SCOTUS takes it on. How would that happen? Here's how:


Justice Alito has the authority under Supreme Court rules to issue the Emergency Injunction on his own authority, and then refer the matter to the entire Court for further consideration.  The Justices are individually assigned to the 13 Circuit Courts of Appeal for purposes of receiving matters such as this, and take action individually in order to act promptly in situations with time is of the essence. ...


SWC goes through all the legal ins and outs. It's complicated for non-lawyers but he does a good job. But here's his bottom line:


I expect Justice Alito will act quickly on this application — he might have done so while I’ve been writing this — and then refer the matter to the full court for further determination.

If Justice Alito denies the injunction, then that would be a signal that there are not five votes on the Court to enter into the fight over Pennsylvania’s 20 electoral votes in connection with any of the matters now pending or making their way to the Court.

If Justice Alito grants the injunction, preventing further steps at naming electors in Pennsylvania, and that decision is affirmed by four other Justices, then you can pretty well assume that it’s “Game On” in the SCOTUS with regard to the Pennsylvania Supreme Court and State/County Election Officials.


IOW, if Alito denies the injunction it's very hard to see a second term for President Trump.


40 comments:

  1. y'know, I've come to grips with either outcome and I will press on undaunted...too much at stake for my offspring to go somewhere and sulk.

    OTOH, we've all been wondering who would take Donald Trump's place in 2024 after he won re-election this year (and there can be NO doubt that he did IMHO) and suddenly the answer is crystal clear: Donald J. Trump! It seems our VSG has figured a way around the 22nd amendment and can now be only the second POTUS elected 3 times consecutively and only the second to be elected to non-consecutive terms...thereby being the first POTUS to do both. Talk about the Art of the Comeback! And what better way to do that than to be replaced by a doddering old fool who will stumble thru 4 years (if lucky) and constantly remind us of what Obama supposedly said about his VP: "if you want to screw something up, Joe is your man".

    I'm reminded of the billboards in 2009 showing a picture of George Bush and the caption: miss me yet? That will be writ large over the next 4 years unless we can pull this out, but hey, what do I know?

    ReplyDelete
    Replies
    1. Biden will be gone in leas than 12 months. Then the ideologue will take over with energy and a vengeance. Even IF Georgia delivers, it will be a very ugly 4 years for the USA

      Delete
  2. Related, a Trump speech just released...

    https://www.citizenfreepress.com/breaking/breaking-president-trump-addresses-the-nation/

    This should have been made just after the election in my opinion.

    Trump is doing what I like about him, he fights back. He may lose ultimately, but you cannot say he didn’t try.

    That’s the ultimate lesson for the GOP and, Barr. You have to be willing to fight fire with fire. It just is.

    There is nothing noble about refusing to act because you have this sense of righteousness that prevents you to act (Barr, Paul Ryan, etc).

    I still believe we are in a watershed moment in which the Republic is forever lost only mimicking constitutionality and law subservience and that is even with a Trump win in 2024. I believe the forces will be too great against him to even win or for another firebrand Republican to win in 2024.

    Let’s assume Trump wins on a House election. All the “resisters”, Democrats, and GOPe Nevertrumpers will be on full display making the last 4 years seem quaint and bucolic. Heck, the military just might fracture.

    Granted, I am no great mind. I could be utterly wrong and Biden will usher in a new age whereby your full freedoms are restored and jealousy protected. Phhhssssshhh ... puleaze.

    Far too many hate the Constitution. They would rather, it appears, to live under a constitution like the various ones of the USSR that gave you all kinds of rights, but never actualized any of them.

    The problem is the precept. Our Constitution is unique in the entire history of mankind or cisgenderkind or whatever the acceptable term now is.

    Our rights are ours, not the government to give or take, only to protect and the vote is sacrosanct.

    Publius was correct that to enumerate our rights would mean the government could take them away. Cato was just as correct that without further explicit safeguards, the government would take our rights away.

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    1. Barr doesn't seem to get that this is an existential moment. Trump hasn't always pretty much understood that, even though he has sometimes misjudged individuals.

      Delete
    2. Maybe you meant
      "Trump HAS always pretty much understood that, even though he has sometimes misjudged individuals"?

      Delete
    3. I think the GOP knows well how to fight. I think most people are highly mistake about what the GOP actually. They excuse their actions because they see the GOP as "on their side" and just to spineless to "fight back".

      They've no desire to fight because their complicit in this appearances game. DC is just one big uniparty and has been for decades.

      Slowly, the like the shattering of Fox's new's smoke and mirrors people are starting to understand it.

      That and most just have voter amnesia, they honestly don't pay attention to the day in and day out of what DC does and is.

      Parties and sides are just a jedi mind tricks to keep the masses pulling the wagon cart.

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    4. I agree. This election theft was massive and in-your-face. Anyone that thinks this will not become the norm if Harris/Biden is installed is whistling past the graveyard. There will never be another honest election.
      Tom S.

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    5. I'm looking forward to changing my registration to the new party Trump creates.

      Losing 70% of their voters overnight might finally get through to the Reps.

      Delete
    6. And if he leaves twitter on the same day...continues to do rallies...focuses attention on defying the washington elite...how much fun would that be? The left is humorless and can't stand to be mocked.

      Delete
    7. The president will be decided by who counts the ballots from here on out. Most people will just quit voting, like those in California.

      Delete
    8. @ Anonymous at 5:52

      Narcissist's thrive on humiliation of those they rule. You will see national compulsory voting enacted. Failure to do so will result in a deduction from your social credit score. I've already seen a half-dozen or so articles advocating in over the last 6 months. Of course, just like any socialist utopia, the Dem's will win with 99% of the vote.
      Tom S.

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  3. Yeah, if Alito denies the injunction, it's very hard to see a second term for DJT, unless he can get at least one state turned before the legislatures act (as per the thinking of Yancey & AmCardigan, in today's thread on the legislatures).

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  4. SWC’s analysis of the catch-22 nature of the laches argument is very compelling: Based upon prior PA Supreme Court precedent, the plaintiffs couldn’t sue before the election; but, this time the court said they waited too long because they didn’t file until after the election. Andy S.

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    1. Its no time for justice....

      I don't know what will happen. But I do know that PDJT is not a lawyer. He doesn't think like a lawyer and he doesn't act like a lawyer and that is why he is an effective President (no offense to lawyers). There is something in his post election attitude and the "odds" against his success as they are constantly recited that makes me think of that movie "Edge of Tomorrow" starring Tom Cruise and Emily Blunt - convoluted sci-fi thing - but at the end Cruise and Blunt go on a do-or-die mission to try to destroy the nerve center of the seemingly unconquerable alien invader and as they make their way to the center they are assailed from all sides by super-powerful alien soldier/critters trying to protect the nerve center, but somehow they make it there and Cruise makes one last lung, dives in a flooded mineshaft or something and starts swimming down toward his target, and you see the alien soldiers swimming down after him and closing fast and they catch him before he reaches the target and they kill him and he is floating lifeless..... and then you see his hand and on each of his fingers is the pulled ring of a grenade and cut to the grenade belt (with pulled grenades) dropping down into the alien nerve center thingy at the bottom of the shaft and ....kaboom... alien nerve center blowed up and entire alien invasion army of critters destroyed in one fell swoop. (And this "resets the day and everybody survives even thought they died and yayyy) My point: Trump is giving me the feeling he's got the political equivalent of a grenade belt under there and though the dems think they've killed him and defended the nerve center (swamp) oops, they're really about to get blowed up. I don't think the grenades are legal maneuvers or SC, i think the grenades are waking up and energizing normal people to take the country back from power hungry political elites who forgot their place. Its a Movement, dig?

      Delete
    2. That movie is underrated, excellent.

      But no, no more cognitive biases. It's time for us to face reality. Even if Trump wins in SC or via House, he will be handicapped severely. The DS is intact and vibrant. The populace are sheep. The Pravda enshrined as truth.

      Delete
  5. Donald Trump Statement on Election 12-2-20

    https://www.bitchute.com/video/8Ln42VJhE8t5/

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  6. Does anyone know how these Emergency Injunctions work, i terms of their general length?
    Were Alito to be working on solidifying his majority (for supt. of a Writ stopping the PA wheels from acting), could he also be taking substantial time, working on a long explanation of the legal grounds for this Writ?
    Whereas, were he to lack a majority, would he have less need, to present a long explanation of a denial of the Application?

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  7. Sidney Powell, Lin Wood Oppose Trump, Push Georgians Not to Vote in Senate Runoff

    https://www.breitbart.com/2020-election/2020/12/02/sidney-powell-lin-wood-oppose-trump-push-georgians-not-to-vote-in-senate-runoff/

    Sounds like a lofty way to lose the Senate… Dems must be ecstatic...

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    Replies
    1. Or, you know, the Republican candidates in GA could come out in support of DJT & looking into the clear election shenanigans.

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    2. That's a pretty wild concept!

      Delete
    3. I think it's there way of threatening the establishment GOP out if silence.

      But I also debate how much the GOP even cares.

      I think their messaging on (or against) the GOP could be better. Trump really needs to take the reins on that at lead his supporters out of the party all together.

      Delete
    4. What were they drinking?

      Delete
    5. Probably the same kool-aid I am... 😁

      Delete
  8. Some of the GOP has gotten the message ...

    Oh, and Arizona might be back in play per the recount ...

    https://justthenews.com/politics-policy/elections/rep-mo-brooks-has-plans-challenge-electoral-college-vote-january-6

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  9. In some minutes, Hannity will have Rudy on, after the latter is done w/ his MI hearing.

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  10. Two reports out of Georgia:

    https://www.theepochtimes.com/officials-in-georgia-issue-statements-on-viral-video-of-dominion-worker-with-usb-drive_3601724.html

    https://www.thegatewaypundit.com/2020/12/voter-group-georgia-identified-50000-illegal-votes-enough-votes-move-georgia-trump-column/

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  11. The squishes in GA and the rnc don't deserve support if they don't have the backbone to oppose historic crimes and the end of the Republic as we know it.

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  12. In the end, all that matters is how many angry patriots are ready to take to the streets with pitchforks. When the middle class has finally...had enough, I don't care what the law says, the judges opine, or the talking heads blabber-- ALL THE LEGALESE ENDS. Well, how many of us exist?

    ReplyDelete
    Replies
    1. There's more than anyone realizes, way more.

      Delete
    2. I disagree with Mark A, I don't think there are enough.

      Conservatives are not good at reacting to things and most have a LONG list of why's and excuses that come first.

      I'm very certain the over all forces at work are counting on jobs, house, car, credit card payments being more important than patriotism.

      Selfishness almost always means compliance.

      And I don't mean to be rude in saying that I just fully understand what is as stake for most people whom are capable of reacting but are paralyzed by the consequences of it.

      Delete
  13. "Those who would give up essential Liberty, to purchase a little temporary (political) Safety, deserve neither Liberty nor Safety”

    - Ben Franklin

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  14. Holy flanking!!! The GOP is sicking their lap poodles on Powell and Wood for calling out their perpetual BS!

    https://www.citizenfreepress.com/breaking/holy-sabotage-breitbart-runs-massive-front-page-hit-piece-on-lin-wood/

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    Replies
    1. https://www.foxnews.com/politics/voter-group-founded-by-stacey-abrams-under-investigation-seeking-out-of-state-dead

      Delete
  15. Interesting 1 min clip of Trump in an interview in the past, speaking about loyalty

    "I'm loyal to a fault..."
    "given the opportunity, I will get even with people..."

    juxtaposed with images of current people

    https://twitter.com/PaulsWalls2/status/1333704799016062977

    Frank

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    Replies
    1. I think that's true. I think he's been far too tolerant of disloyalty.

      Delete
  16. Meantime, in Wisconsin, the WI Supremes refused to hear the Trump team's lawsuit, requiring the team to file in Circuit court; presumably followed by an appeal to an appeals court, then back to WI supreme.

    Judges don't work weekends, so this suit is likely dead as a parboiled frog.

    The suit is solid stuff. Like in PA., a governmental agency (or three) simply ignored black-letter law to favor "participation." Had SCO of WI taken the case, it would likely be consolidated at SCOTUS with PA's case.

    Now it's ...........ugh.

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    Replies
    1. Rudy was on Hannity tonite, and they talked about how WI's CJ, and 2 other Justices, emphasized that all that happened was a kicking of the case back to the lower courts, and that the case was *nowhere* near to losing on the merits.

      Delete
  17. Ex-CIA Officer Alleges That Election Irregularities Could Be Part of a Big Scheme

    https://www.theepochtimes.com/ex-cia-officer-alleges-that-election-irregularities-could-be-part-of-a-big-scheme_3603583.html?utm_source=news&utm_medium=email&utm_campaign=breaking-2020-12-03-4

    He believes it would happen just the way we’re seeing it. Swing states, largest cities, counting shutdowns when more ballots are needed to fill larger than expected gaps...

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  18. But, in MI, see
    https://justthenews.com/politics-policy/elections/dominion-contractor-detroit-counting-center-says-thousands-ballots-were ,
    on how one of Rudy's witnesses gave testimony to the House, which should give SCotUS major grist, on how incendiary things are already getting:

    A contractor for Dominion Voting Systems, who worked at Detroit's TCF Center on Election Day, has told Michigan lawmakers that she saw roughly 30,000 ballots being scanned multiple times by the counting machines.
    The contractor, Mellissa **Carone**, who works as a freelance IT professional, made the allegations Wednesday night before a panel of Michigan House Oversight Committee members....

    *Giuliani* asked Carone at one point in the hearing why more individuals have not come forward to recount similar experiences.
    "My life has been destroyed because of this," she replied. "I’ve lost family, I’ve lost friends, I’ve been threatened, my kids have been threatened, I’ve had to move, I’ve had to change my phone number, I’ve had to get rid of social media. Nobody wants to come forward. I can’t even get an actual job any more, because Democrats like to ruin your lives. That’s why."....

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  19. Sidney Powell and lun wood gave hinted as much as well. The intimidation tactics are the THING. We gotta turn that around. Foxx the creeps, crowd source whistleblower funds and a whistleblower support network. AMERICA, WE NEED TO BLOW THE WHISTLE!



    ReplyDelete