Did Justice Alito set a ‘Safe Harbor’ trap by setting Pennsylvania response deadline a day AFTER?

NOQ Report ^ | December 4, 2020 | JD Rucker

[Shadow44]

I agree, martial law is necessary and there needs to be mass arrests of Democrats AND Republicans. Throw Whitmer, Wolf, Enver, Newsom, Murphy, Cuomo, and Kemp all in Gitmo. This is high treason.

[Boise3981]

I think the SCOTUS will take the case, rule on the laches and remand back to the PA scum court to resolve the constitutionality of the the mail in law Act 77.

Alito said PA needs to reply on the 9th.

Assuming Alito works through the night and isn't satisfied with PA's response, he can bring it up with the court on the next day (12/10). The Court could then decide to take the case.

If they don't have to do briefs (very unlikely) because they've already heard from both sides in writing, they could take it to argument on 12/11. If they then ran back to chambers and QUICKLY voted they could get a ruling out in the evening of 12/11. That's a Friday.

If that ruling, as you mention, reversed laches and remanded the case back to SCOPA, then on Monday (12/14) SCOPA would ask for new briefs; plaintiffs due Tuesday (12/15), defendants due Wednesday (12/16). Oral arguments on Thursday (12/17). Ruling from SCOPA **AT THE EARLIEST** on Friday 12/17. And that's if everyone moved as quickly as humanly possible.

However, the electoral college votes on Monday 12.14. So before SCOPA could even hear the new case, the vote would be cast and the case would be moot. When the case got to Alito he had 11 days before the EC voted. He burned 6 of them by giving PA until the 9th to respond. Another 2 will get burned by the weekend. That leaves only 3 for SCOTUS to agree to hear the case, hear it, issue its ruling, and then the lower court to do the same. That's not enough time.

For a challenge to Act 77 to be successful they probably would have had to have filed over the summer. But if they were waiting for the actual election, 11/4 would have been the time. They just waited too long and Alito didn't help them.

[Dr. Sivana]

The far left is not going to win any elections either under current counting. They just don’t realize it.

The leadership realizes it, and as long as they control the cultural zeitgeist (they do), they can continue to move towards the goal until they CAN win or steal everything.

[Boise3981]

“With the fraud case, the Dec. 8 deadline doesn’t apply,”

I don't see any exception in the safe harbor law. But even still, the PA Act 77 lawsuit doesn't allege fraud. It simply says Act 77 violates the PA state constitution.

Maybe she's saying that the federal fraud case keeps things open past 12/8? That would only apply to state cases, not federal.

Even if she's right, she might have until the 14th. The Act 77 lawsuit doesn't. All the states in question have already certified their results. She should know that...

[Boise3981]

But if litigation is in-process and NO legal remedy has been applied by the Safe-Harbor day, the 8th... then the day becomes mute and the litigation continues because the safe-harbor provisions have not been met.

That's not what the court said in Bush v. Gore.

In 2000 The Supreme Court said Gore could have his recount, but they needed to recount all the ballots in a similar method so they remanded back to the State Supreme Court for rules. But even though Gore still had cases and the recount was still technically permissible FL had transmitted their results to the archives and safe harbor kicked in.

Gore didn't so much as lose in court, he ran out of time.

Trump is about to run out of time. Alito basically guaranteed it.

[Truthoverpower]

This is War. Dates now mean NOTHING. This is EXTRA constitutional

Again this is WAR. IN WAR. rules change. Sometimes dramatically

Ask the japs during WWII

[dougherty]

I like the way you think.

[Sense]

I think that’s a misreading of the law and the Constitution.

Not knowing what provisions do exist in state law in the various contested states is an issue ? You can’t tell what that bit in 3USC5 means without knowing the state laws in each state. And, I don’t pretend to know those laws.

But, its construction is still clear in being positively assertive... “if there is asserted a means of resolving controversy” that is defined in state law... then that will govern, as long as its operation weighs in before the closing of the window 6 days prior.

That says nothing at all about what happens either if the state law remains silent on that means of resolution under 3USC5... or what happens if the state actions, rather than being positively assertive, are instead the opposite... a negation... and a deliberate withholding of any validation.

If the state FAILS to provide for the means of a final determination of controversy... or deliberately acts with intent in failing to resolve a controversy... that paragraph does nothing to illuminate the law... and it avoids the Congressional imposition of a time line... by avoiding the condition being so limited.

[dware]

I’m so sick of these headlines like this. All they do is give false hope to the gullible. “Did so and so set a trap?”, “Did trump have ballots watermarked?”, “Did the democrats just fall for Trump’s trap?”, all of which inevitably falls back to, “IF verified...” or “TRUST THE PLAN!”. For cryin’ out loud, outta here with that garbage.

[ptsal]

Please define the meaning of “is.”

[Sense]

I think you’re missing the point that a fraud doesn’t cease being a fraud... only because some arbitrary timeline is exceeded. The fraud... addressed in a civil suit... isn’t prevented from being heard by a court because some third party candidate for office has some other issue with the electoral process or the laws governing it ?

Sidney isn’t a candidate... so the expiry of a timeline that perhaps matters to some candidate... has no significance in relation to her status, or her claims ?

You’d have to ask separate questions... about the harms done that she’s addressing... and the remedies available ?

As a non-candidate... the electoral calendar doesn’t apply to Sidney Powell’s case...

[Lean-Right]

Agreed. The rats, in panic mode,
way over compensated for their
cheating parameters, being caught
totally off guard. It’s as
blatantly obvious as a flame, no
matter the color, is still hot.
My concern now is how far are
they willing to push this?
Patriots see this entire circus
as a coup, and the other side sees
this as their chance at eutopia.
This country is at a crisis. Only
drastic measures will quell it,
and president Trump is really the
only one at this point that can
save it. He should declare Marshall
law, and place his EO from 2018
in play.

[Sense]

Otherwise, I think you are in error in your expectation of the meaning... and the irreversibly... of having certified a result as “not fraudulent”, as when it is later proved that result was in fact fraudulent... perhaps also that the act of certification itself was a knowing fraud, and a continuation of a patter of fraud.

The error is in logic, versus law, as the assumption is that the acts undertaken are undertaken in good faith. If you can prove the acts were not done in good faith... you lose the benefit of the assumption.

[Boise3981]

Fraud doesn't stop being fraud. But most of these cases (including Giuliani's) keep specifically saying they're not alleging fraud.

You're kind of right... "As a non-candidate the electoral calendar doesn’t apply to Sidney Powell’s case". Kind of. But the electoral calendar DOES apply to the actual candidates. So if she proves something after the EC has voted... it's too late to change the result. If her case isn't resolved by the time the EC votes, it'll be dismissed as moot.

In a case about electoral law, the electoral calendar is going to apply to everyone.

[Boise3981]

I'm just looking at the EC and the intent of the framers.

Hamilton argues in the Federalist Papers that the EC can act as a check on the will of the voters - to rebel against someone manifestly unqualified.

But at that point the electoral college votes are independent from the 11/3 election. Meaning that if you prove something after the electoral college votes... then it's too late because the electoral college has already voted and rendered the 11/3 election moot.

It's the electoral college vote that REALLY counts. And time is basically up.

(Plus, I'm not sure you've noticed... but Powell is NOT doing well in court. She's making Giuliani look good by comparison. It's really bad...)

[MHGinTN]

What is at issue is more than just an injustice. This is a coup attempt to overthrow the government of this Republic. The actors are traitors and the issue is treason. The ballot manipulators in city precincts who ran fraudulent ballots into the counts should be arrested and tried for sedition. The one or ones who issued the stop counting order should be tried and shot as enemies of the Republic for aiding the foreign enemies to defraud we the people.

Activating the Insurrection Act and declaring a national emergency with Martial Law declared is the real way to combat this treason. The president has 70million Americans of the voting population who know the fraud was massive and aimed at ejecting him so the globalists' puppet fools/tools Harris and Biden would be inserted via foreign intervention in the election.

It is time to stop playing by Marquis of Queensberry rules and take these traitors to GITMO for military tribunals on charges of Treason. We have politicians of both parties who are aiding and abetting the enemies of this Nation. They need to be rounded up and charged and tried and sentenced for the traitors they are. Some, like the guvnu and SoS of Georgia should be arrested and tried for bribes they received from a foreign enemy.

Biden *might* have gotten 30million votes, but I seriously doubt it. Most of his numbers were derived from an artificial algorithm being run along Trumps numbers, seeking to keep biden-harris close for the midnight ballot dumps.

The ballots provided were likely printed someplace like China or Caracas and shipped to various ports for distribution to the target cities and Maricopa County, AZ. Counterfeiting is an art in China and Iran and Venezuela. Combined, they print probably as much US currency as the treasury dept!

The fraudulent ballots were delivered to back up the 'out of thin air' numbers for biden. These enemies foreign and domestic were not going to make the same mistake they made with Hillary's fraudulent run.

Once martial law is declared the military can easily deal with the domestic terrorist of antifa and blm. One or two skirmishes with dozens of terminal casualties will dampen the domestic terrorists' behavior.

As Todd said on 9/11, "Let's roll!" After the clean up and treason trials, we the people can take care of the treacherous republicants and demon rats in 2022, but this Treason must be stomped on NOW or we will never have a true free election again in America.

[Lean-Right]

You don’t get it. If these assh*les
win this, THERE WON’T BE ANOTHER
FOUR YEARS! The Republic of the
United States of America will be
non-existant. We”ll be saluting
a red flag with 5 gold stars on it.

[HotHunt]

Agreed.

[HotHunt]

👍

[Sense]

The rest is that the Act 77 related issues are two-fold.

First, the “law” being applied, in part, in the conduct of the election was not ever constitutionally enabled by the legislature... so the election itself was not conducted in accordance with the law. That unlawful election that was held leads to separate questions: how can you certify as legitimate an election that was not conducted in accordance with the law ? And, why would you ?

The legislature answers, only... “we refuse to validate the result” in an election that is not able to be validated. Or, if they otherwise proactively assert the result is not legitimate, but fail in resolving the resulting conflict ? That still leaves an inability to act legitimately... other than by sending forward an unresolved controversy.

Second, other elements of the “election law” that was followed, in fact... suffer the parallel defect that the law, as passed by the legislature, was unconstitutional.

You end up with three categories of problems in the actions that were taken... 1.) actions that were taken that failed to comply with the law, 2.) actions that were taken that followed improperly constituted “law” (and thus, not the law), and 3.) actions that were taken that followed the law as passed, when the law as passed violated the constitution.

Then, throw into that mix... the element in motive... showing that the failures that occurred were not benign, but were deliberate... that the failings weren’t random, but were purposeful acts that KNOWINGLY failed in actions undertaken that intended to create the problems we now see... to knowingly deliver an wrongful and incorrect result. Compound that element in motive with coordination occurring between actors in multiple regions within a state, or between multiple states ?

Only then... given the full scope of the concern... can you properly address specific questions of venue, standing, harms done and laches, in proper context of the full range of Constitutional issues... from enabling unlawful elections... to coordination in a conspiracy to subvert the conduct of the elections... but also the Constitution ?

Why did they split the issues between Powell and Giuliani in the way they did ? I’m not sure we know the answer yet. But, in the case in Pennsylvania, I think they’ve largely won the point in law re Act 77, and are likely to prevail at the SCOTUS on that issue... and they’ve ALSO largely won the argument in the Legislature... and have won from them what they need.