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Trump, in filing, asks judge to dismiss 'invalid' Georgia election interference charges
ABC News ^ | 12/18/2023 | Olivia Rubin

Posted on 12/18/2023 12:21:55 PM PST by thegagline

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The relatively short brief (slightly over 17 pages) filed by Trump’s attorneys inexplicably relies heavily upon Alito’s dissenting opinion in Alvarez v United States, 567 US 709 (2012). [the dissent is cited 5 times throughout the brief]

Dissenting opinions do not create binding precedent.

1 posted on 12/18/2023 12:21:55 PM PST by thegagline
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To: thegagline

The judicial system will not be satisfied until Trump is convicted on all charges in all cases. Massive fines and imprisonment.


2 posted on 12/18/2023 12:26:35 PM PST by CatOwner (Don't expect anyone, even conservatives, to have your back when the SHTF in 2021 and beyond.)
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To: thegagline

While you are correct…dissenting opinions do not create precedent…the make up of the Court since 2012 has changed significantly. Perhaps Alito’s views are far more likely to be in the majority now and Trump knows he is arguing to a higher court…as no matter the lower court’s ruling, this is aire to be appealed by the losing side.


3 posted on 12/18/2023 12:27:51 PM PST by oldernittany
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To: thegagline

Do you have a link to the filing?


4 posted on 12/18/2023 12:28:43 PM PST by Fury
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To: thegagline

Trying to “find” votes happens in every election. Very common language.


5 posted on 12/18/2023 12:30:07 PM PST by 1Old Pro
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To: Fury

https://s3.documentcloud.org/documents/24228883/trump-post-hearing-brief-first-amendment-final-version-2pdf.pdf


6 posted on 12/18/2023 12:34:34 PM PST by thegagline (Sic semper tyrannis! Goldwater in 2024)
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To: Fury

“Do you have a link to the filing?”


I think this is it.

https://www.scribd.com/document/693397085/23SC188947-BRIEF#


7 posted on 12/18/2023 12:43:26 PM PST by CFW (I will not comply!)
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To: 1Old Pro
Trying to “find” votes happens in every election.

Al Gore looked at every hanging chad to find a vote.

8 posted on 12/18/2023 12:48:09 PM PST by Fido969 (45 is Superman! )
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To: thegagline

I’d think they could come up with a stronger argument.


9 posted on 12/18/2023 12:48:50 PM PST by Fido969 (45 is Superman! )
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To: Fido969
Lawfare must be stopped. We are on the way to becoming a banana republic.
10 posted on 12/18/2023 1:02:10 PM PST by ActresponsiblyinVA
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To: thegagline

Why wait to file this motion? This should have done on the first day or did I miss something.


11 posted on 12/18/2023 1:07:03 PM PST by devane617 (Discipline Is Reliable, Motivation Is Fleeting..)
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To: Fido969
Agreed. The law clerk who will initially read this brief, will rightly characterize it as weak as it readily relies upon a dissenting opinion.

It resembles a pro se inmate brief. Ugh.

12 posted on 12/18/2023 1:12:07 PM PST by thegagline (Sic semper tyrannis! Goldwater in 2024)
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To: thegagline

The only thing the judge looks at are the consequences to themselves.


13 posted on 12/18/2023 1:27:44 PM PST by Revel
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To: Revel
The only thing the judge looks at are the consequences to themselves.

Some do and some don’t. The judge presiding over this matter was a member of the originalist Federalist Society which is a good thing. (I too am a member)

14 posted on 12/18/2023 1:45:31 PM PST by thegagline (Sic semper tyrannis! Goldwater in 2024)
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To: Fido969

“Al Gore looked at every hanging chad to find a vote.”

He even had a BLIND guy looking and finding them.


15 posted on 12/18/2023 1:47:00 PM PST by faucetman (Just the facts, ma'am, Just the facts )
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To: faucetman

Gore almost won

The Left wing FL state supreme court was going to let the
Demonrats harvest all the spoiled votes in Broward Dade and Palm Beach


16 posted on 12/18/2023 2:09:47 PM PST by ncalburt ( Gop DC Globalists are the evil ones)
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To: thegagline

If it were only core political speech. The indictment lists much more than core political speech.


17 posted on 12/18/2023 2:11:18 PM PST by joesbucks (It's called love-bombing. Claiming he's saving the world. This is a cult. Just back away. )
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To: joesbucks
If it were only core political speech. The indictment lists much more than core political speech.

Agreed. The brief ignores this fact. Neither the DA nor the Judge will be fooled by this willful omission.

18 posted on 12/18/2023 2:19:57 PM PST by thegagline (Sic semper tyrannis! Goldwater in 2024)
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To: thegagline

Aliito’s dissent seems irrelevant to me. First Amendment, prima facia grounds for dismissal.


19 posted on 12/18/2023 2:23:53 PM PST by bigbob
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To: bigbob
Aliito’s dissent seems irrelevant to me.

Unfortunately, Trump’s attorneys didn’t see it that way.

20 posted on 12/18/2023 2:34:52 PM PST by thegagline (Sic semper tyrannis! Goldwater in 2024)
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