Michigan Court of Appeals: Michigan Attorney General v Board of State Canvassers

Michigan Court of Appeals ^ | Dec 6, 2016

[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.

[bigbob]

Here is what the Appeals Court said with regard to the federal court TRO:

“4 We recognize that the United States District Court for the Eastern District of Michigan entered
a temporary restraining order which affirmatively required that the Secretary of State commence
the recount before the expiration of the 2-day waiting period required by MCL 168.882(3). Stein
v Thomas, No. 16-cv-14233 (ED Mich, 2016). That decision did not address the threshold issue
presented in this case, whether Stein is an aggrieved candidate, so there is no conflict between
our decisions. Additionally, the second footnote in the Eastern District’s opinion recognized the
possibility that this Court would halt the recount. “

I’m not a lawyer but this seems like a case of first things first, and if the COA is correct in that she doesn’t have the ability to demand a recount, then a TRO forcing such a recount to start is moot. But, we’ll soon see...

[MarMema]

As if that matters. It doesn't, btw.

If you scroll through my posting history,I (just this am) posted a link and excerpts from the 6th district order yesterday afternoon. Mostly of the dissent which was beautifully written and says it all - ie, that we here in Michigan dared to flip red and therefore must be punished by the tentacle emerging from Obama's mouth whose name is Goldsmith.

And posters here are saying 'rule of law' and I am saying 'get real'. Because since when has that happened? How about that Hillary walking free, btw? Banana republic is the name of the game until Trump gets into office. And this is part of it.

[apillar]

But state Elections Director Chris Thomas says he won’t stop the recount without the OK from the federal judge who said it should go forward. “I’m not headed to jail for contempt of a federal court,” he said. “That, I’m not doing.”

We certainly have some brave public officials.... The state Court of Appeals should have replied, "Then you'll be headed to jail for contempt of OUR order to halt the recount."

[Ray76]

US Court of Appeals for the Sixth Circuit:

We therefore AFFIRM the district court’s temporary restraining order. If, subsequently, the Michigan courts determine that Plaintiffs’ recount is improper under Michigan state law for any reason, we expect the district court to entertain any properly filed motions to dissolve or modify its order in this case.

[goldstategop]

I expect Judge Goldsmith to dissolve the TRO.

After that, any further decision is up to the MISC, if Stein decides to appeal the MCOA ruling.

This funny business is nearly over.

[billyboy15]

I realize that but commentary on the contents of that document have been ongoing for what is now day 2.

[Ray76]

The US Court of Appeals for the Sixth Circuit expects the US District Court for the Eastern District of Michigan to dissolve its TRO.

[Ray76]

Some of us like to read the actual document.

[rightwingcrazy]

Then the state should hold him in contempt.

[Voluntaryist]

@RodMeloni is live tweeting the current hearing...

https://twitter.com/RodMeloni?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor

[MarMema]

Well that is the hope but that is not what they wrote.

They wrote that they expected Goldsmith to entertain a properly filed motion. He is doing just that right now.

If you read the dissent from the federal hearing yesterday it more than validates my view that even the support for Goldsmith's order on late Sunday or early Mon morning without more commentary - well it doesn't bode that well for us today.

I am hopeful however. Let us see what happens.

[Ray76]

http://www.politico.com/f/?id=00000158-d695-dd9c-a15e-f79785590001

[Ray76]

Thanks

[vette6387]

“No one in this state is willing to risk a federal contempt order by defying Goldsmith.”

The state police should take the worthless pr!ck into custody.

[Ray76]

Here’s another courtroom twiter-er https://twitter.com/RobertSnellnews

[Voluntaryist]

Thank you!

[MarMema]

thank you. Now everyone can see what a **ick this judge is...already showing his colors on the tweets.

[Voluntaryist]

After watching this, I’ve concluded this judge is a complete cuck!!!

[mrsmith]

The two of them make for great, complimentary coverage.

You can tell the judge is desperate to find an excuse not to lift his order.

[Mr Rogers]

Good link. Thank you very much.