Appeals Court: Trump Election Challenge in Michigan Is Moot Because Election Results were Already Certified Before The Trump Campaign Filed Its Brief

The Michigan appeals court turned down an appeal Friday from President Donald Trump's campaign in a challenge to how absentee ballots were handled in Detroit and other issues.

In a brief order, the court said the lawsuit fails because Michigan's election results, including Joe Biden's 154,000-vote victory over Trump, were certified on Nov. 23, a week before the campaign filed an appellate brief.

The court said the president's only recourse was a recount, but that has passed, too.

“Because plaintiff failed to follow the clear law in Michigan relative to such matters, their action is moot,” Judge Stephen Borrello said in a 2-1 order.

Judge Patrick Meter disagreed, saying a three-judge panel should quickly hear the appeal.

“The issues are not moot because state electors have not yet been seated, the Electoral College has not yet been assembled and Congress has not yet convened to consider whether to exercise its powers under” the constitution, Meter said.

Let’s wait and see whether DJT has a masterplan that will neutralize all this treachery.

This was POSTED 3 days ago by FReeper HotHUNT.

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As a last resort, if the courts, legislatures and the DOJ are not going to stop
this injustice, Trump needs to invoke the Insurrection Act of 1797 instead. It
has been retitled for the 21st century as "The Enforcement of the Laws to
Restore Public Order Act” and codified in four sections of the US Code:

10 USC § 251 Federal Aid for State Governments

10 USC § 252 Use of Militia and Armed Forces to Enforce Federal Authority

10 USC § 253 Interference with State and Federal Law

10 USC § 254 Proclamation to Disperse

Of the four provisions, the most recent and the most powerful is 10 USC § 253,
which was written in 2006.

It reads in part ".... The President, by using the militia or the armed forces,
or both, or by any other means, shall take such measures as he considers
necessary to suppress, in a State, any insurrection, domestic violence, unlawful
combination, or conspiracy, if it-

1. .... so hinders the execution of the laws of that State, and of the United
States within the State, that any part or class of its people is deprived of a
right, privilege, immunity, or protection named in the Constitution and secured
by law, and the constituted authorities of that State are unable, fail, or
refuse to protect that right, privilege, or immunity, or to give that
protection;

or 2. .... opposes or obstructs the execution of the laws of the United States
or impedes the course of justice under those laws."....

The authority is vested solely in the President. He does not need the invitation
of state governors to intervene, nor does he need the approval of the Supreme
Court. Older provisions of the Insurrection Act required either a governor or a
judicial proceeding to authorize its use, but these limits were purposefully
removed by Congress in § 253.

There is no time limit on the President’s activities. Older versions of the
Insurrection Act limited the use of force to brief periods of time and then
required legislative approval. Those limits, too, are also gone. The President
is allowed to use any means that he (and again, he needs no one else) considers
necessary. This includes using the armed forces (which enables him to bypass the
Posse Comitatus Act) and using the militia (which we’ll discuss in more detail
below).

The President’s ability to use force isn’t restricted to actual rebellion or
insurgency. He can act against merely unlawful combinations and conspiracies. To
be clear: If the President decides that a conspiracy has deprived people of a
right and believes that authorities fail or refuse to protect the right, he can
send in the troops.

In blunt terms, Congress has given the power to President Trump to proclaim:

“I, President Trump, have determined that a conspiracy has deprived 70 million
Americans of their right to vote and that the other authorities are refusing to
protect this right. I therefore order the suppression of this conspiracy by any
means necessary.”

As long as the president has the military on his side (and he just replaced the
Defense Secretary with one of his guys), it sounds like he can do this on his
own without the courts, governors or the Congress.

Consider doing this Mr. President to restore order and stability to our
Republic, our elections and our political system.

Bush v. Gore was about equal protection.

In Florida 2000, Gore asked for and got a recount. But he only wanted certain counties. Bush sued and said "that's not equal, you have to recount the whole state". Bush won.

Then counties were using different standards for evaluation (a hanging chad would count as a vote in one county but not another). Bush sued and said "You're treating votes - and voters - differently county to county. 14th amendment says you have to treat them equally." That's Bush v. Gore, and Bush won.

The problem with Act 77 isn't that it violates the US constitution - it doesn't (mail in voting is legal in some form in every state, and excuse free mail in voting is legal in like 40-ish states). The problem with Act 77 is that it may violate the PA state constitution. But THAT is up to the state supreme court to decide, not the US Supreme Court.

And even in Bush v. Gore, all the SCOTUS did was say "hey, Florida... got to treat ballots the same." and then kicked it back down to the state. Why? Because states run elections. Gore then ran out of time.

There's no federal issue at play here, but all the SCOTUS could do is kick it back down to PA and say "figure it out". But by the time SCOTUS can have an actual case/hearing/etc... it'll be too late. There will be nothing for PA to do.

Like Gore, Trump is just out of time. The merits no longer really matter that much.

....Like it or not, there's a clock when it comes to elections. Votes were certified. Safe harbor is Tuesday. Anything not settled by 11:59pm on Monday night is doomed in the courts.

In response Beauregard opened fire on Fort Sumter shortly after 4:30 a.m. on April 12, 1861.

Maybe not this time.

We on the Right are well known for our kindly, accommodating, peaceful natures while Dems run wild in power about abortions, gay "marriage", a coup to destroy a legally elected President's presidency, allowing cities to be taken over by rioters who loot and burn and so much more. Nice, easygoing folks.

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