Posted on 12/07/2016 3:52:21 PM PST by bobsunshine
The historic Michigan recount has been underway since Monday in a few counties, but it could end December 7 because of a state court of appeals ruling.
The next step: A hearing on the recount started at 10:30 a.m. in front of U.S. District Judge Mark Goldsmith. However, complicating matters, a federal appeals court issued a separate ruling refusing to block Goldsmiths earlier ruling that the recount should start immediately. The judge now says he will make a ruling in the afternoon....
Will the recount continue? Thats unclear until the latest hearing, but Republicans trying to stop the recount won a big victory December 6 when a state Court of Appeals panel ruled that Stein didnt have standing to seek the recount in the first place under Michigan law because she is not an aggrieved party. Thats because she only received 1 percent of the vote in Michigan, and a recount would still give her no chance of winning.
According to the Secretary of State, Stein received 51,000 votes out of 4.9 million ballots cast in Michigan and is alleging fraud or mistake.
The Detroit News said the state court ruling did not explicitly order the recount to stop, though, causing even some clerks to be confused about whats going to happen next.
Confusing matters more, the federal court, on December 7, opted not to overturn the ruling that had previously allowed the recount to start. The Michigan Attorney General had sought to block the recount in federal court.
(Excerpt) Read more at heavy.com ...
Perhaps they’ve come to the realization that a continued recount benefits Trump and exposes voter fraud by Hillary.
DarthVader wrote:
“The 6th Circuit has warned this bozo and if he persists they will humiliate him.
“
Looks like the TRO got dissolved, so no recount.
https://mobile.twitter.com/MAGAtrump5/status/806659681435295744
Recount is stopped. Courts have no jurisdiction to override the legislature. The ruling basically states that there might be (are) problems in the vulnerability of the system, but the courts are not the place to change the law. If there was proof of irregularities, you might have a case but not to test the system.
LOL!
“But, to date, plantiffs have not presented evidence of tampering or mistake”
Isn’t Judge Goldsmith laying a bread crumb trail for her to follow based on the mistakes and apparent fraud in Detroit? I would expect new filings with those as grounds for a recount.
Stein asked for a recount she is not entitled to. The MI election board heard her case, and Trump's counter arguments, and split 2-2. So, the recount was ordered.
MI state law says that recounting starts two days later, because the loser (Trump in this case) has a right to appeal to a Mi court. Stein didn't like the delay, so she enlisted a federal judge to circumvent the delay.
The federal court not only circumvented the two day delay, it also ordered the recount to go on to completion, unless the federal court said otherwise.
At this point, the legal action goes on in two venues, federal and state. Trump's "no recount" case still pending in state court, and the federal judge's order to contravene the two day delay, as well as to recount until told otherwise, being appealed to the federal circuit court.
At almost the same time, the Mi state court said "no recount" and the federal appeals court said that contravention of the two day delay was in order, but if the state court said "no recount," the feds should butt out.
But that pesky federal order was still there, "keep recounting until I say stop." That's what the judge was hearing today. He fished for reasons to keep the recount alive in contravention of MI state law and MI court orders and the 6th Circuit saying the feds would butt out if the state said "no recount."
He decided his reputation was tarnished enough by a blistering dissent and the wrath of Michigan voters outside of his circle of friends, who are all partisan democrats.
LOL. He reversed himself!! What a putz. In his earlier opinion, he said a right to recount was fundamental, and essentially that recounting was essential to validate ANY election contest.
If she needs him to tell her what is black letter election law, she's in trouble! Time has run out. Her only hope is that the MISC decides to become idiotic.
But.. The Detroit fraud is fraud by the left in favor of Hillary so.. Not sure that would be a wise move for Jill.
I hope some good people got some OT pay and other benefits from this.
In a just world, she'd be sued for fraud, and she and the DEMs would be prosecuted for criminal collusion.
Is it true that it was illegal for her and Hillary to collude on the recount? What’s the Statute of Limitations on that.. Paging Team Trump!
That’s what I see....Judge Gold Smith (today): “What Federal Judge would possibly issue such an inane, inappropriate, unConstitutional opinion/order?”
Now I'll try to explain that excerpt of Judge Bonehead's most recent spew.
Stein's entire premise for recount was that the counting of votes or casting of votes or something MIGHT have been in error. But she couldn't point to any evidence of fraud or error, just speculative places where it could be introduced.
The judge says the integrity of vote counting is managed at other steps in the process, not by recounting. Courts have never ordered 100% recount to validate the integrity of the vote casting and counting processes.
IOW, the judge said Stein shot herself in the foot. He reason for recounting is a reason that no court has ever recognized.
All Precincts where the counts didn’t match should be investigated for possible fraud. Top to bottom, voter rolls through the Clerks to the Precinct Workers.
His two opinions should be required reading for law students. Shock them into seeing the law for what it really is.
THANKS!
[He reason for recounting is a reason that no court has ever recognized.]
I’m thinking you might have meant- “Her reason for recounting”
(just the same) BOOM!
All his order on Sunday said was that they could start the recounting early.
Now he’s said that Jill’s recount request itself hasn’t any merit.
http://www.freerepublic.com/focus/f-news/3502522/posts?page=51#51
http://www.freerepublic.com/focus/f-news/3502522/posts?page=57#57
H/t civilwarbrewing
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