Posted on 12/07/2016 7:21:51 AM PST by Ray76
The Attorney General and President-Elect Donald J. Trump have filed separate complaints for mandamus, each asking this Court to compel the Board of State Canvassers (the Board) to reject the November 30, 2016 petition of Green Party Presidential Candidate Dr. Jill Stein to recount the votes cast in the November 8, 2016 general election for the Office of President of the United States, and to cease any and all efforts to conduct the requested recount. Both the Attorney General and President-Elect Trump assert in part that Dr. Stein’s petition failed to meet the requirements of MCL 168.879(1)(b) because she is not an aggrieved candidate. We agree and issue a writ of mandamus.
(Excerpt) Read more at publicdocs.courts.mi.gov ...
Couple of days late with this, aren’t you?
It was issued yesterday but not to the Court’s website until today.
Are you aware that yesterday (the date of this document) was Dec. 6 and today is Dec. 7?
Sheesh.
Now the AG has to get the federal court to dissolved it’s TRO. Stay tuned for that, like, today or tomorrow.
So what happens now?:
The Michigan Board of Canvassers is meeting at 9:30 on Wednesday morning.
Michigan Attorney General Bill Schuette is planning to file a motion to dissolve the order requiring the recount to start Monday.
Stein may appeal to the Michigan Supreme Court. If she does, she is seeking to have the two Michigan Supreme Court Justices on Trump’s list of potential Supreme Court nominees disqualified.
There are significant questions of federal-state law and jurisdiction at issue in the court cases:
Although a ruling on federal constitutional law takes precedence over a state court ruling, Schuette said his attorneys plan to aggressively argue to stop the recount at a hearing in the Michigan Court of Appeals today, because the issue at hand is one of state law, not federal law. If there are conflicting rulings from state and federal court, the case could ultimately end up in front of the U.S. Supreme Court, he said.
“Michigan law prevails,” Schuette said. “You can’t make up — like the federal judge is attempting to do — a constitutional right to a recount.”
The attorney general said state law is clear that Stein can’t ask for a recount because she only received just over 1% of the vote. Therefore, a recount can’t overturn the result for Stein and she is not an “aggrieved” party under state law, Schuette said.
http://thereplawyer.blogspot.com/
This post is very moot because the state director of elections will not step into a federal contempt order with Goldsmith - and why would he anyway since the court for that ruling is an hour later?
As I have said repeatedly, no one is stopping the recount until Goldsmith says we can.
I meant it had already been posted here at FR
i keep checking back for news on this - it’s after 9:30 after all ;)
I didn’t find it. Do you have a link?
The only thing that matters is the fed hearing today, beginning right now, with Goldsmith.
No one in this state is willing to risk a federal contempt order by defying Goldsmith.
Whatever you believe, where ever you live, that is the case here in Michigan. (meant for all freepers)
See my post 11.
And because the state elections director refuses to stop this until Goldsmith says we can.
It’s Not Over Till It’s Over. Federal Judge Appointed by Obama Orders Immediate Start to Presidential Recount
Posted at 9:00 am on December 5, 2016 by Dan Spencer
Thank you!
Bump.
Look over at breaking news. Second and fourth items
Those are an article and Twitter post about the court order. This is the court document.
And there is more at the link for non-Michiganders.
People in other states telling us what will happen here in Michigan.
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