Posted on 12/05/2016 10:34:28 AM PST by usafa92
According to legal experts cited by the Detroit Free Press, the MI courts probably can’t stop the recount now that the Fed court has ordered it to go forward. Schuette and co. would likely need to appeal the fed court’s decision to the 6th Circuit.
Yes and No. You are correct in interpreting his ruling and this is probably headed to the US Court of Appeals. However, his ruling was to the State Board of Canvassers and technically does not bind the MI Court of Appeals or the MI Supreme Court. Some will interpret this as consistent with the Supremacy Clause others can interpret overreach by the Feds and MI can assert control of their election process. Cboldt? Any thoughts?
The recount in Wisconsin is going our way.
Dont think the feds are gonna order recount in PA.
#### em. and #### stein.
I’m not ruling out that the GOP is in on this. I saw the election as Trump v. DC not Trump v. DNC
Big problem >> Liberal Democrat Judges — They will do everything they can to subvert the Electoral College.
Thank God we control the House of Representatives. We may need it.
The communist goal of the “recount” is NOT to find votes to win.
Their goal is to slow walk the recount so it’s NOT completed when Electoral College meets to cast their votes.
Since the three recounts will be ongoing, the EC votes for the three states CANNOT be cast for Trump.
That said, his opinion is narrowly focused on the two day delay, and gives short shrift to the fundamental argument, which is whether or not Stein is entitled to a recount at all. IOW, the opinion assumes the conclusion, she is entitled to a recount.
When two courts butt heads, the outcome is never certain. Even though this Federal judge has a lousy hand, the feds have successfully stepped all over state sovereignty before, and will continue to do so.
Assume for the sake of argument that a MI state court says Stein is not entitled to a recount, period, because she can't win. If Stein doesn't like that, and wants a federal court to reverse it, she needs to take that issue to a federal court, not the "two day delay" issue.
The Michigan AG (or someone else representing the state in that role) testified in the hearing, and said he could not guarantee that a recount started on Wednesday would be complete by December 13th when the Federal requirement for a certified electoral vote had to be met. So the judge basically said: "OK -- then start the count Monday (today) just to get a head start on it in case the State of Michigan authorizes the recount on its own."
My understanding is that the State of Michigan can still decide not to pursue the recount, in which case the Federal ruling is null and void and any "recount" started today is irrelevant.
Any legal input from Freepers here would be welcome.
“How can a MI court of appeals change that Fed ruling?”
MI court could order the recount shutdown, and then trigger a Constitutional crisis as the MI counties have orders from the MI court and the Fed court. I’d love to see the MI SC shove it in the face of the Fed court.
Nonetheless, as for as I can tell, however, the only issue before the Fed court for MI was that WAITING two days from Monday to Wednesday was “unconstitutional” and the Fed court ordered the recount to begin on Monday. Don’t think that court addressed any other issues, so MI court could order it shutdown on other grounds, namely the grounds specified by the MI AG and the Trump lawyers.
You should probably go back through all of the threads on FreeRepublic related to these recounts and note how many times this myth has been debunked.
If it was that easy to nullify a state's electoral votes, we would have had 0 electoral votes cast in every presidential election for the last 200 years.
Because the states are responsible for voting, not the fed.
Yeah, it drives me crazy that the Dems talk about federal courts and their role in this recount business. Nope. The states vote for the president. I see no role for the feds.
Recount of certified electors will not stop them from voting in DC. All the House need do is accept the original certification.
Never forget we are dealing with Alinsky/Hellry communists who believe in their motto....”by whatever means necessary”
This is the fundamental nature of the hegelian dialectic they love so much.
Other than civil rights violations (Black Panther baton sticks in Philly)
I don’t care who the opponents are. We have the power to stop it under the constitution. It doesn’t matter what any judge says. The last and best defense is the House. It will not accept any slate of electors that comes out of these recounts.
One cannot trust these leftwing Alinsky communists - they will stop at nothing to complete their coup d’etat.
You are correct! These Commies will stop at nothing to overturn this election... Joe McCarthy was right you know...
Why doesn’t the GOP demand that NV be recounted (where Clinton won). There is evidence that fraud occurred there.””
A recount has been called for in Nevada—only 5 counties.
Go to thread #3501590 & read the information about the fraud that has already been uncovered-—deals with registered voters that SHOULD NOT be registered.
The hotbed of Dirty Harry Reid—hasn’t been registering voters correctly for years & years.
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