Posted on 12/06/2016 4:00:31 PM PST by roostercogburn
I guess this will continue until we all agree her highness can be prez.
Keep reading.
“LANSING — The Michigan Court of Appeals ruled Tuesday that the Board of State Canvassers never should have allowed a recount requested by Green Party candidate Jill Stein to proceed, because she has no chance to overturn the result of the presidential election in her favor and is not an aggrieved candidate.
The panel ordered the board to “reject the November 30, 2016 petition of candidate Stein that precipitated the current recount process.”
The ruling came out almost simultaneously with a 2-1 order from the U.S. 6th Circuit Court of Appeals which upheld U.S. District Judge Mark Goldsmith’s Monday order that the recount must get under way at noon that day, which it did.
The combined effect of the two rulings appears to set up further court proceedings in front of Goldsmith.”
1. Last Friday Michigan Election Commission allowed Recount to proceed (they actually tied 2-2 which allowed the recount to go forward).
2. Michigan law allows 2 business days to prepare for a recount.
3. Stein went to federal court to get the 2 days waved and allow the recount to start Monday instead of Wednesday.
4. Federal Judge (Obama Appointee) agreed with Stein, but went farther and ORDERED the recount to continue unless he stopped it.
5. The federal appeals court (this ruling) said the Obama judge exceeded his authority and could not change election law regarding the recount or order it to continue.
6. However since the state has not stopped the recount as of yet, it will still continue unless the state shuts it down.
7. The Michigan AG currently has a case before the State Supreme Court to do just that (5-2 Republican majority court by the way).
Ok.... so is the recount dead? Just have to wait a few hours for legal wrangling to wrap it up?
Rasputin has been killed again.... we will see
I believe trump won NY and Cal. Can we get recounts there?
No - MICHIGAN has to go back to court again. Not Stein.
He did not rule on the matter before the state court at all. He simply ordered a recount to begin because IF the MI courts allowed the recount to go forward, there might not be enough time to satisfy their order.
The state court has now said the canvassing boards decision is improper, and a recount cannot continue under MI law.
This will go to the MI Supreme Court most likely, and then if the MI Supreme Court upholds the MI appeals court ruling, the MI AG will go back to Goldschmidt (the original Fed judge) and ask him to dissolve his order, in accordance with both his own tentative ruling earlier, and the direction of the US appeals court above him, which said that if the MI courts ruled this wasn't illegal under state law, they expected him to vacate his order.
I ‘ m so confused, what has really happened?
Stein’s Lawyers will argue that they haven’t exhausted their legal remedies in MI, so under the same logic that Goldschmidt issued the original order, he will tell them the recount is to continue.
Link, please?
Great summary, Fred! You clearly aren’t a lawyer. I could understand what you wrote. And I mean that in the kindest way possible!
Does MI AG have to go to Supreme Court? He can’t just go to Goldsmith and say “hey, this recount wasn’t legal under state law and should never have begun?
Jesus... if goldsmith had allowed the two day period, none of this mess would be happening right now.
However, the MI court did not order the count to stop. They simply ruled it was illegal. The AG will go back to Goldschmidt, and I'm sure he will rule that the recount must continue until Stein/Clinton/Soros have exhausted all of their remedies under MI law.
That means one last appeal.
Here's the executive summary for anyone who's confused: A district judge (obama appointment) in the Federal circuit felt that that the MI courts' ruling on the matter might come to late for a recount to succeed. Pending the MI court decision, he ordered the recount to begin. The US appeals court above him just ruled that he did NOT exceed his authority in ordering the recount to start, pending the MI courts decision. The US appeals court told him if the MI court ruled, they expected him to dissolve his order, or to act accordingly. Now the MI appeals court has ordered the recount stopped. Most likely, the district judge will not dissolve his order until an appeal to the MI Supreme Court is handed down.
That makes sense to me as a layman. The State Court had they not suspended would have been in violation of the 6th circuit. So now the AG needs to petition the circuit judge to shut it down, which he likely will do unless Stein has an appeal to the State SC which she will likely do. So the charade will continue until the State SC rules.
Probably not. I would guess the MI appeals court will be appealed to the MI Supreme Court. IF they uphold the ruling, then the AG will go to Goldschmidt and ask him to dissolve his order to recount.
However, the 6th Circuit, in their decision, correctly noted that the District Court should review its decision if the state court ruled that the recount should not occur.
So at this point, the matter is back to the District Court for that judge to rule on whether or not his order should be modified in light of the state court ruling.
Put on another pot of popcorn.
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