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Old 2020-12-30, 14:32   #650
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I joined FB on x-mas day as I was using my wife's account to catch up on friends and family. It took me 4 days before choosing to hide all posts from one person that I friended. He kept posting "the election was stolen" conspiracy theories. Sadly he is a dentist so I thought that having an education would have made him smarter. I strongly considered posting corrections to his reposting of misinformation that he is getting from his sources, but I realized that he likely considers anything debunking those theories as "fake news".
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Old 2020-12-30, 15:02   #651
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(my emphasis)
Quote:
Originally Posted by rogue View Post
I joined FB on x-mas day as I was using my wife's account to catch up on friends and family. It took me 4 days before choosing to hide all posts from one person that I friended. He kept posting "the election was stolen" conspiracy theories. Sadly he is a dentist so I thought that having an education would have made him smarter. I strongly considered posting corrections to his reposting of misinformation that he is getting from his sources, but I realized that he likely considers anything debunking those theories as "fake news".
Good thinkin' Lincoln!

Alas, there is no such thing as being too smart to be brainwashed.
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Old 2020-12-31, 13:59   #652
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Missouri senator to contest Biden's Electoral College win
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WASHINGTON (AP) - Sen. Josh Hawley, R-Mo., said he will raise objections next week when Congress meets to affirm President-elect Joe Biden's victory in the election, forcing House and Senate votes that are likely to delay - but in no way alter - the final certification of Biden's win.
I imagine that Mitch McConnell is not happy with this guy...
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Old 2020-12-31, 16:19   #653
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Quote:
Originally Posted by Dr Sardonicus View Post
Missouri senator to contest Biden's Electoral College win. I imagine that Mitch McConnell is not happy with this guy...
I remember in October when Trump supposed stated that he wanted to postpone the election until sometime in 2021. McConnell was quick the say that the election would be on November 3rd and all the following procedures would be done according to the established time table. McConnell is probably not happy with quite a few people.
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Old 2021-01-02, 12:36   #654
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Default Case dismissed

Texas judge dismisses suit aimed at overturning election
Quote:
WASHINGTON (AP) — A federal judge on Friday dismissed a last-gasp lawsuit led by a House Republican that aimed to give Vice President Mike Pence the power to overturn the results of the presidential election won by Joe Biden when Congress formally counts the Electoral College votes next week.
<snip>
In dismissing the lawsuit filed by Rep. Louie Gohmert, R-Texas, and a group of Republican electors from Arizona, Texas U.S. District Judge Jeremy Kernodle, a Trump appointee, wrote that the plaintiffs "allege an injury that is not fairly traceable" to Pence, "and is unlikely to be redressed by the requested relief."
<snip>
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Old 2021-01-02, 19:55   #655
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Cruz leads 11 GOP senators challenging Biden win over Trump
Quote:
WASHINGTON (AP) — A coalition of 11 Republican senators announced Saturday it will challenge the outcome of the presidential election by voting to reject electors from some states when Congress meets next week to certify the Electoral College results that confirmed President-elect Joe Biden won.
<snip>
The 11 senators, led by Ted Cruz of Texas, said they will vote against certain state electors unless Congress appoints an electoral commission to immediately conduct an audit of the election results. They acknowledged they are unlikely to change the results of the election.

"We intend to vote on January 6 to reject the electors from disputed states as not 'regularly given' and 'lawfully certified' (the statutory requisite), unless and until that emergency 10-day audit is completed," they wrote in the statement.
There aught to be a law! Oh, wait...

Quote:
18 U.S. Code § 2384 - Seditious conspiracy

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
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Old 2021-01-02, 21:51   #656
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Texas congressman suggests street violence after judge rejects his legal effort to overturn election
Quote:
WASHINGTON — East Texas congressman Louie Gohmert suggested that "violence in the streets" may be the only remaining option to block Joe Biden from becoming president, after a federal judge rejected his lawsuit aiming to force Vice President Mike Pence to overturn the election.

Judge Jeremy Kernodle, a Trump appointee from Gohmert's hometown of Tyler, threw out the lawsuit late Friday, ruling that he and other plaintiffs — including the GOP chairwoman in Arizona and that state's defeated slate of Republican electors - lack standing.

Late Friday on Newsmax, Gohmert said he had sought redress in court "so that you didn't have to have riots and violence in the street."

"Bottom line is, the court is saying, 'We're not going to touch this, you have no remedy,'" Gohmert said. "Basically, in effect, the ruling would be that you've got to go to the streets and be as violent as antifa and BLM."
Quote:
18 U.S. Code § 2101 - Riots
(a) Whoever travels in interstate or foreign commerce or uses any facility of interstate or foreign commerce, including, but not limited to, the mail, telegraph, telephone, radio, or television, with intent -
(1) to incite a riot; or

(2) to organize, promote, encourage, participate in, or carry on a riot; or

(3) to commit any act of violence in furtherance of a riot; or

(4) to aid or abet any person in inciting or participating in or carrying on a riot or committing any act of violence in furtherance of a riot;
and who either during the course of any such travel or use or thereafter performs or attempts to perform any other overt act for any purpose specified in subparagraph (A), (B), (C), or (D) of this paragraph -
Shall be fined under this title, or imprisoned not more than five years, or both.
(b) In any prosecution under this section, proof that a defendant engaged or attempted to engage in one or more of the overt acts described in subparagraph (A), (B), (C), or (D) of paragraph (1) of subsection (a) [2] and (1) has traveled in interstate or foreign commerce, or (2) has use of or used any facility of interstate or foreign commerce, including but not limited to, mail, telegraph, telephone, radio, or television, to communicate with or broadcast to any person or group of persons prior to such overt acts, such travel or use shall be admissible proof to establish that such defendant traveled in or used such facility of interstate or foreign commerce.

(c) A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution hereunder for the same act or acts.

(d) Whenever, in the opinion of the Attorney General or of the appropriate officer of the Department of Justice charged by law or under the instructions of the Attorney General with authority to act, any person shall have violated this chapter, the Department shall proceed as speedily as possible with a prosecution of such person hereunder and with any appeal which may lie from any decision adverse to the Government resulting from such prosecution.

(e) Nothing contained in this section shall be construed to make it unlawful for any person to travel in, or use any facility of, interstate or foreign commerce for the purpose of pursuing the legitimate objectives of organized labor, through orderly and lawful means.

(f) Nothing in this section shall be construed as indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which it would have jurisdiction in the absence of this section; nor shall anything in this section be construed as depriving State and local law enforcement authorities of responsibility for prosecuting acts that may be violations of this section and that are violations of State and local law.
18 U.S. Code § 2102. Definitions
(a) As used in this chapter, the term "riot" means a public disturbance involving (1) an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the property of any other person or to the person of any other individual or (2) a threat or threats of the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the person of any other individual.

(b) As used in this chapter, the term "to incite a riot", or "to organize, promote, encourage, participate in, or carry on a riot", includes, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts.
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Old 2021-01-05, 16:19   #657
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In his Memorandum Opinion in Wisconsin Voters Alliance v. Pence, Judge Boasberg not only denied the motion, he threatened Plaintiff's Counsel with sanctions. About time, IMO. (my emphasis)
Quote:
Plaintiffs' aims in this election challenge are bold indeed: they ask this Court to declare unconstitutional several decades-old federal statutes governing the appointment of electors and the counting of electoral votes for President of the United States; to invalidate multiple state statutes regulating the certification of Presidential votes; to ignore certain Supreme Court decisions; and, the coup de grace, to enjoin the U.S. Congress from counting the electoral votes on January 6, 2021, and declaring Joseph R. Biden the next President.
<snip>
Plaintiffs readily acknowledge that their position also means that the Supreme Court's decisions in Bush v. Gore, 531 U.S. 98 (2000), and Texas v. Pennsylvania, No. 155 (Orig.), 2020 WL 7296814 (U.S. Dec. 11, 2020), "are in constitutional error." Compl., ¶ 76. They do not, however, explain how this District Court has authority to disregard Supreme Court precedent. Nor do they ever mention why they have waited until seven weeks after the election to bring this action and seek a preliminary injunction based on purportedly unconstitutional statutes that have existed for decades — since 1948 in the case of the federal ones. It is not a stretch to find a serious lack of good faith here. See Trump v. Wis. Elections Comm'n, No. 20-3414, 2020 WL 7654295, at *4 (7th Cir. Dec. 24, 2020).

Yet even that may be letting Plaintiffs off the hook too lightly. Their failure to make any effort to serve or formally notify any Defendant — even after reminder by the Court in its Minute Order — renders it difficult to believe that the suit is meant seriously. Courts are not instruments through which parties engage in such gamesmanship or symbolic political gestures. As a result, at the conclusion of this litigation, the Court will determine whether to issue an order to show cause why this matter should not be referred to its Committee on Grievances for potential discipline of Plaintiffs' counsel.

As Plaintiffs have established no likelihood of success on the merits here, the Court will deny their Motion for Preliminary Injunction. A contemporaneous Order so stating will issue this day.
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Old 2021-01-06, 00:22   #658
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Cleta Mitchell, who played a major role in that infamous phone call to Georgia SOS Brad Raffensperger, has resigned from the law firm of Foley & Lardner LLP, in which she was a Partner. Her name is already off their web site. On Monday, the firm issued a statement that
Quote:
In November, the firm made a policy decision not to take on any representation of any party in connection with matters related to the presidential election results. Our policy did allow our attorneys to participate in observing election recounts and similar actions on a voluntary basis in their individual capacity as private citizens so long as they did not act as legal advisers. We are aware of, and are concerned by, Ms. Mitchell’s participation in the January 2 conference call and are working to understand her involvement more thoroughly.
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Old 2021-01-06, 22:58   #659
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Warnock, Ossoff win in Georgia, handing Dems Senate control
Quote:
ATLANTA (AP) — Democrats won both Georgia Senate seats — and with them, the U.S. Senate majority — as final votes were counted Wednesday, serving President Donald Trump a stunning defeat in his turbulent final days in office while dramatically improving the fate of President-elect Joe Biden's progressive agenda.

Jon Ossoff and Raphael Warnock, Democratic challengers who represented the diversity of their party's evolving coalition, defeated Republicans David Perdue and Kelly Loeffler two months after Biden became the first Democratic presidential candidate to carry the state since 1992.
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Old 2021-01-08, 01:32   #660
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Default Georgia will be on their minds for a while...

On the eve of presenting its case in Cobb County, Team Orange folded in that and three other election lawsuits.

Trump team voluntarily withdraws Georgia election challenges
Quote:
TALLAHASSEE, Fla. (WTXL) — The Trump campaign has voluntarily withdrawn four of its lawsuits challenging the results of the presidential election in Georgia.

The statement from Brad Raffensperger, Georgia's Secretary of State begins:

"On the eve of getting the day in court they supposedly were begging for, President Trump and Chairman David Shafer’s legal team folded Thursday and voluntarily dismissed their election contests against Secretary of State Brad Raffensperger rather than submit their evidence to a court and to cross-examination. However, even in capitulation, they continue to spread disinformation."

Raffensperger said his office did not make any settlement agreements with the campaign, and "The President’s legal team falsely characterizes the dismissal of their lawsuits" as such.

The Trump campaign was scheduled to present evidence in Cobb County Superior Court on Friday.

"Rather than presenting their evidence and witnesses to a court and to cross-examination under oath, the Trump campaign wisely decided the smartest course was to dismiss their frivolous cases," said Raffensperger.

In addition to the Cobb County case, Trump's team also withdrew complaints from the Fulton County Superior Court, the Georgia Supreme Court, and the U.S. District Court for the Northern District of Georgia.
It seems Team Orange told the Court there was a settlement agreement. Counsel could face sanctions for that.

In another case...

After US District Court Judge Jeremy Kernodle dismissed Gohmert v. Pence, and the Fifth Circuit Court of Appeals affirmed, the US Supreme Court has dealt the coup de grâce:
Quote:
The application for interim relief presented to Justice Alito and by him referred to the Court is denied.
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