The election litigation thread

[Frankfooter]

The election litigation continues.

The House Is Moving Quickly Towards a Second Trump Impeachment. This Is the Evidence It Must Focus On.

 

[shack]

The election litigation continues.

The House Is Moving Quickly Towards a Second Trump Impeachment. This Is the Evidence It Must Focus On.

Now this will be one of the few TRUE claims that trump makes when he says that he accomplished something that no one else has. Get impeached twice.

 

[Frankfooter]

The Kraken dies a sad and lonely death as Sydney Powell's team are now trying to argue they weren't responsible for the stupid lawsuit because they didn't actually sign the documents they submitted to court.

Attorney In 'Kraken' Case Tells Judge That Sidney Powell Didn't Sign Documents Which Bear Her Electronic Signature

A group of Michigan plaintiffs who worked with right-wing conspiracy attorneys Sidney Powell and Lin Wood in a failed attempt to keep ex-President Donald Trump in the White House is now seeking to avoid being sanctioned by a federal judge. The plaintiffs, who alleged massive voter fraud during...

lawandcrime.com

Seems a fitting end to this thread, the election litigation and bud plug/dutch oven's theory of fact and law that appeared rational to him.

 

[Valcazar]

I told people they should start pushing back using Rule 11. Suddenly the rats scurry.

 

[mandrill]

'Gondor has no king': Pro-Trump lawyer files a bizarre election lawsuit citing the imaginary kingdom in Lord of The Rings (msn.com)

TX MAGA lawyer who got fired and is facing arrest after storming the Capitol files bizarre lawsuit asking for Trump to be president for life because something-something-Kingdon-of-Gondor

 

[mandrill]

I told people they should start pushing back using Rule 11. Suddenly the rats scurry.

Rule 11 is the rule that lawyers are sanctioned personally with court costs?

 

[Valcazar]

Rule 11 is the rule that lawyers are sanctioned personally with court costs?

Not just court costs, if I recall. (Although that is the primary option.)

But yes - its the one where if you sign your name to something you know contains bullshit, you can be sanctioned for it.
(That's why this was specifically about how they didn't really *sign* their names.)

 

[Valcazar]

Even if they *didn't* sign, they are vulnerable according to 11b (emphasis mine)

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

www.law.cornell.edu

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:


(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;


(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;


(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and


(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

Sanctions don't have to be monetary (although they often are).

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

 

[mandrill]

Even if they *didn't* sign, they are vulnerable according to 11b (emphasis mine)

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

www.law.cornell.edu

Sanctions don't have to be monetary (although they often are).

It's like a court costs order in the Anglo-Canadian system. Except costs up here are awarded routinely and not just where there has been misconduct and they're normally payable by the litigants, not lawyers.

 

[Valcazar]

It's like a court costs order in the Anglo-Canadian system. Except costs up here are awarded routinely and not just where there has been misconduct and they're normally payable by the litigants, not lawyers.

Right the "American Rule" vs the "British Rule" is how I learned it. There are arguments on both sides about which is a better solution and why. I do like the Federal rule here though. It is one thing to lose a claim. Quite another to file a claim you know is outrageous bullshit.

 

[mandrill]

Right the "American Rule" vs the "British Rule" is how I learned it. There are arguments on both sides about which is a better solution and why. I do like the Federal rule here though. It is one thing to lose a claim. Quite another to file a claim you know is outrageous bullshit.

The costs rule has spun off the "formal offer to settle rule". Offers are exchanged and the one which is better than (or closer to) what the judge eventually rules, creates a massive costs hit to the other side. So there is now a gambling / negotiating process before a motion or trial as both sides try to bluff and guess what the judge is going to do.

It's become a court-endorsed system of forced negotiation. Which has its uses.

 

[Frankfooter]

The costs rule has spun off the "formal offer to settle rule". Offers are exchanged and the one which is better than (or closer to) what the judge eventually rules, creates a massive costs hit to the other side. So there is now a gambling / negotiating process before a motion or trial as both sides try to bluff and guess what the judge is going to do.

It's become a court-endorsed system of forced negotiation. Which has its uses.

Speaking of costs, Guiliani just got hit with a $1.3 billion suit from Dominion as well.

Dominion Voting Systems files $1.3B defamation suit against Giuliani

Dominion Voting Systems on Monday filed a lawsuit against Rudy Giuliani alleging that the former New York City mayor spread numerous defamatory statements about the voting machine company while he …

thehill.com

Think he'll settle or try to fight it?

Oh, and Sidney Powell is setting up a super PAC, 'Restore the Republic'.
Think that will raise the $1.3 billion she needs for Dominion?

Sidney Powell releases Kraken — on herself, with new super PAC not far from Mar-a-Lago

Trump attack dog's new PAC can raise unlimited amounts of money; Powell faces a $1.3 billion defamation suit

www.salon.com

This line from that article just so reminds me of Dutch Oven in this thread:
Only last week, Powell finally withdrew her fabled "Kraken" lawsuit, an incomprehensible and error-riddled unified theory of fraud in Georgia's election that likely did more to indoctrinate and radicalize Trump supporters than any other legal case made by the campaign.

 

[squeezer]

I hope Rudy get's sued into bankruptcy.

 

[mandrill]

https://twitter.com/i/web/status/1354962121537236996

Poor Lin Wood. The Reptilian Overlords have finally cornered him.

 

[Frankfooter]

Does this now count as election litigation?
Trump impeachment #2?

'QAnon Shaman' willing to testify in impeachment trial, lawyer says

 

[Fun For All]

It still goes on...

 

[Valcazar]

It still goes on...

I think that's the last of it, though, is it not?

 

[mandrill]

That's the last of the directly Trump-led suits. There's a TX kraken that was started independently by a lawyer who was at the Capitol on 6 January and who just got fired by his rabble of clients.

There's all sorts of clean-up as the various Bar organizations disbar Lin Wood and Sydney Powell.

 

[Frankfooter]

Its time for the first wave from the Dominion lawsuits.

Up first, Newsmax apologizes for pushing conspiracy theories that fooled the likes of dutch oven.

"Since Election Day, various guests, attorneys, and hosts on Newsmax have offered opinions and claims about Dr. Eric Coomer, the Director of Product Strategy and Security at Dominion Voting Systems," the statement read. "Newsmax would like to clarify its coverage of Dr. Coomer and note that while Newsmax initially covered claims by President Trump's lawyers, supporters and others that Dr. Coomer played a role in manipulating Dominion voting machines, Dominion voting software, and the final vote counts in the 2020 presidential election, Newsmax subsequently found no evidence that such allegations were true."

Newsmax settles lawsuit, issues apology over election conspiracies

The network apologized to a voting machine company executive after being sued for defamation

www.salon.com

 

[squeezer]

Its time for the first wave from the Dominion lawsuits.

Up first, Newsmax apologizes for pushing conspiracy theories that fooled the likes of dutch oven.
"Since Election Day, various guests, attorneys, and hosts on Newsmax have offered opinions and claims about Dr. Eric Coomer, the Director of Product Strategy and Security at Dominion Voting Systems," the statement read. "Newsmax would like to clarify its coverage of Dr. Coomer and note that while Newsmax initially covered claims by President Trump's lawyers, supporters and others that Dr. Coomer played a role in manipulating Dominion voting machines, Dominion voting software, and the final vote counts in the 2020 presidential election, Newsmax subsequently found no evidence that such allegations were true."

Newsmax settles lawsuit, issues apology over election conspiracies

The network apologized to a voting machine company executive after being sued for defamation

www.salon.com

You mean the election wasn't a fraud and Trumptard along with his lawyers were lying this entire time to the gullible???? REALLY???? OMG!!!!!!