Posted on 12/06/2016 7:22:57 PM PST by MarMema
Michigan’s Court of Appeals ordered the state government on Tuesday evening to undo its previous approval of an election recount requested by Green Party presidential nominee Jill Stein.
The decision will not interfere with the ongoing recount in the state, however, due to a 2-1 ruling by the U.S. Court of Appeals for the 6th Circuit that came out around the same time, according to the Detroit Free Press.
The Court of Appeals for the 6th Circuit upheld a ruling that U.S. District Judge Mark Goldsmith issued early Monday morning ordering the recount to proceed at noon that day, and precluding it from stopping until “further order of this court.”
Michigan’s Republican Attorney General Bill Schuette and President-elect Donald Trump filed separate lawsuits with the state appeals court on Friday seeking to block Stein’s crowdfunded recount effort in the Great Lakes State.
The panel of judges on Michigan’s Court of Appeals accepted Schuette’s and Trump’s arguments that Stein, who came in a distant fourth place in Michigan, was not an “aggrieved” party with standing to challenge the election results.
At the same time, the judges appeared to acknowledge that their order would not take effect in light of Goldsmith’s original ruling, the Detroit Free Press reported.
The challenge to the recount will now head back to Goldsmith.
(Excerpt) Read more at huffingtonpost.com ...
Goldberg can’t do crap.
Who is going to enforce it? The tooth fairy?
Even if Goldschmidt stonewalls, the MI Court has now held that the recount is unlawful, and that means its results cannot be applied. The slate of electors already certified CANNOT be invalidated by a Federal Court. The only remaining Court that can affirm the recount is valid is the MI Supreme Court.
The Huffington Puffington Post article is mistaken.
But at least we know the counts and they cannot add to them.
http://www.freep.com/story/news/politics/2016/12/05/experts-federal-judges-ruling-ties-hands-state-courts-recount/94985380/
Why would they be “incorrect”?
Do u have a hard time saying the word fraud?
I’d say you hit that nail squarely on its head.
The Circuit Court above him ruled he could do that. But they also did not rule on the merits of Stein/Clinton/Soros' petition.
The recount is now invalid. The District Judge can refuse to dissolve his order, but it is meaningless for him to do that, because whatever the recount comes up with MEANS NOTHING. It is as of this moment an unlawful exercise, and it cannot change the outcome of MI's results from November 8th.
The only hope Stein/Clinton/Soros now have is that the MI Supreme Court will overturn the MI Appeals Court. That's all. There is nothing that the US District Court, the US Circuit Court, or any other US jurist can do to make this a valid recount at this point.
The 6th Circuit has given Goldsmith a chance to save face. HGe does not have long to reverse his decision or they will. The media again does not tell the truth in this article,.
Well I imagine when her usefulness is up the loose ends will get trimmed.
“The 6th Circuit has given Goldsmith a chance to save face. HGe does not have long to reverse his decision or they will. The media again does not tell the truth in this article,.”
As I understand it all Judge Goldsmith ruled on is that they start the count on Monday instead of Wednesday. So if the state says that Jill Stein does not have standing and that the counting should stop, it would seem to me that is the ruling. IMHO the counting should stop tomorrow. We shall see.
But that was the entire point of Stein filing on a Sunday to change the date. It was not about changing the date. It was about getting a fed ruling on the recount. And don't you think she had this guy in her back pocket?
I give up on non-Michigan people. All the MI posters get this charade, time and time again.
The rest of you are like, oh it will all be over soon. But those of us here see it differently.
He made no ruling on the merits of the Stein/Clinton/Soros' petition.
Lol yep, so much “concern” in this thread
However... it doesn't matter if the counting stops or not, because unless she gets the MI Supreme Court to overturn the state appeals court's decision, the recount is unlawful and has no effect on the appointment of electors. It doesn't matter what the Federal Courts rule unless they are presented with -- and rule in favor of -- a case that says MI law itself violates the US Constitution.
Stein/Clinton/Soros' have made that claim in their lawsuit in Pennsylvania. They have not advanced that argument in Michigan.
This is the piece of the puzzle that so many are missing, even after it’s been pointed out to them time and time again.
Huffpoo spin...
That’s 98 percent what I figured. (I still wonder what basis a fed court could have to issue a valid “procedural” ruling that is both effectively still goes to the crux of the state’s substantive authority and constitutes an appropriation of state taxpayer resources absent any present fed court jurisdiction over the matter I believe, absent anything further - which I acknowledge I may not be fully informed on, that the fed court order to “continue recounting “ is invalid on its face. We will see if Michigan chooses to give it any effect, especially now that it’s own court - which clearly has jurisdiction over state elections law - has ruled. IMichigan likely will simply tell
It’s recounters to go home now. And for the sake of closure (purely as a procedural matter of course) Michigan might (but may choose not to) seek vacation of the fed court’s “ procedural
Only” ruling. If I were the Michigan AG. I’d be tempted to not rush any such request right away anyway.
Why does a federal judge outrank the state on this? It’s MI election, each state has their own electoral votes, why let the feds interfere?
It just seems to me that this is the precursor to elections determined by Washington, the people and the states subjugated to the almighty centralized government.
I’m with you. I’d tell the Feds to get bent. What are they gonna do?
I would DARE them to enforce their opinion. sure, it could cause a war, sure, feel froggy Feds? jump!
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