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Breaking: Federal judge declines to end Wisconsin recount
Hotair ^ | 12/09/2016 | Ed Morrissey

Posted on 12/09/2016 11:41:16 AM PST by SeekAndFind

Two pro-Trump groups hoped to get a federal judge to end Wisconsin’s recount early, but Judge James Peterson put an end to those hopes rather quickly. The Associated Press had barely even reported the challenge when Peterson declined to intervene. The issue will become moot soon enough anyway:

A federal judge will on Friday consider halting Wisconsin’s presidential recount.

President-elect Donald Trump defeated Hillary Clinton by more than 22,000 votes in the state. Green Party presidential candidate Jill Stein requested the recount to determine if election machines were hacked.

Two pro-Trump groups, the Great America PAC and the Stop Hillary PAC, filed a federal lawsuit Dec. 1, the day the recount began, seeking to stop the process. Judge James Peterson will hear arguments in Madison.

Not long after, Great America PAC lamented Peterson’s quick rejection in this press statement:

Today, U.S. District Court Judge James D. Peterson denied an injunction sought by Great America PAC, The Committee to Defend the President (formerly known as Stop Hillary PAC) and Ronald R. Johnson to end Green Party US candidate Jill Stein’s pointless recount in Wisconsin. In doing so, however, Judge Peterson interpreted the law to clearly prevent the inevitable frivolous appeal of the recount by Stein from disrupting the safe harbor for Wisconsin’s electoral votes for President Elect Donald Trump. Eric Beach, Co-Chairman of Great America PAC, stated, “Hopefully Miss Stein’s sham fundraising will end, and we can get about the business of making America great again,” Beach continued, “Stein has shown no compunction about endangering other’s right to vote and be counted to server her own financial benefit, and while the recount will continue, Stein will not be able to further endanger Wisconsin voters.”

We applaud and thank Wisconsin for doing a great job on the recount. They are on target to finish this recount on time and have shone a bright light on how pointless #CrookedJill’s flim-flam recount was in the first place; having resulted in almost no change to President-elect Donald Trump’s lead in the state, and hardly little gain by Democrat Hillary Clinton or Jill Stein, except for her checkbook.

Great America PAC, The Committee to Defend the President, and Mr. Johnson would like to express their thanks to the many recount workers who are being inconvenienced to focus on this pointless recount, and would also like to thank their supporters for making these lawsuits possible with their continued support.

Peterson got his appointment to the bench from Barack Obama, for what it’s worth, but don’t blame that for the decision. The suit raised equal-treatment concerns along with arguments from Bush v Gore about the risk to the safe-harbor deadline and disenfranchising all Wisconsin voters. The latter issue is a question for the state courts, as well as the state, which can certify electors at any time even with an active recount. The former is actually Stein’s argument for doing a statewide hand recount.

Two other facts almost certainly contributed to a quick end to the injunction request. If the judge was inclined to intervene, he would have scheduled this hearing before the state spent millions of dollars on eight-plus days of recounting. The recount is now almost entirely done; according to the Day 8 results posted yesterday on the state’s website, precincts that reported 77.64% of Election Night results have fully completed their recounts, and that does not include results from Day 9 or today. The net change in ballots overall as of the end of Day 8 is 1,221 ballots, or 0.0535% of the overall vote thus far. The net change in the 22,617-vote lead for Trump with more than 3/4s of the recount done is … 61 votes for Hillary Clinton.

Under those circumstances, any federal judge regardless of which president appointed them would let the recount continue in accordance with state court decisions. Wisconsin can certify their electors based on Election Night results if the recount threatens to still be ongoing by Tuesday’s safe-harbor deadline, but it looks like they’ll finish up tomorrow or Sunday at the latest anyway.

Meanwhile, Jill Stein’s campaign has appealed to the state Supreme Court to get that recount back underway — and won on a recusal demand today:

Two of Michigan’s Supreme Court justices — Robert Young and Joan Larsen — have recused themselves from considering a case involving the recount of nearly 4.8 million ballots cast for president in November.

The two are included on a list of potential appointees to the U.S. Supreme Court that president-elect Donald Trump revealed before the election. And while both said they were reluctant to recuse themselves from the case, they decided to so any decision the court might come to in the case couldn’t be open to appeal because they stayed on.

That leaves five justices on the court, but three of those are Republicans. The court has not decided to take up the case yet, nor is there any indication they will. The recusals from both Young and Larsen were made to limit the political drama surrounding the case, but Young wasn’t happy about the need to do so:

“As I have previously stated, anybody can make a list. In this regard, after serving as a jurist for 21 years, 18 on this court, I fully acknowledge that, at the age of 65, the probability of my being selected and appointed from the president-elect’s infamous list of United States Supreme Court potential appointees is extraordinarily remote,” he said. …

“Now more than ever, a bit of judicial restraint is required to resist the calls of political sirens who urge the courts to engage in politics by another name,” he said. “I do so in order that the decision made by my colleagues in this case will not be legitimately challenged by base speculation and groundless innuendo by the partisans in this controversy and beyond.”

There might be more at stake in Michigan, where the Supreme Court there could decide to take on the issue of “aggrieved” status to set precedent, but that still seems unlikely. They could do that simply by refusing to take up the appeal, endorsing the appellate court ruling on that issue. The most likely scenario is that Wisconsin finishes while Michigan and Pennsylvania don’t restart, but … any time these cases go to court, surprises happen. Stay tuned.


TOPICS: Breaking News; Government; Politics/Elections; US: Wisconsin
KEYWORDS: hillary; michigan; recount; stein; trump; wisconsin
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To: djpg

True, but given the fact that Al Franken sued his way into office, as did that hideous woman from Washington State, I won’t be surprised by anything.


41 posted on 12/09/2016 6:59:47 PM PST by Hacksaw (I haven't taken the 30 silvers.)
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To: SeekAndFind

This is good. Ending it now would only save the Dems from embarrassment. Over 80% recounted and the H-Bomb had gained only a net of 49 votes in the 2.4 million recounted. Better deal for Stein, she’s gained over 60 votes.


42 posted on 12/09/2016 7:15:56 PM PST by Hamilcar_Barca (#NeverHillary)
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To: SeekAndFind

No problem. If Hitlery doesn’t get all three states, she gets jack.

Michigan stopped the recount. Hitlery gets jack!


43 posted on 12/09/2016 8:14:06 PM PST by Rembrandt (Part of the 51% who pay Federal taxes)
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To: sharkhawk

This is a federal election and the feds clearly have an interest. This is not the election of a Mayor.


44 posted on 12/09/2016 9:45:46 PM PST by arrogantsob (=)
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To: djpg; All

Bad law, maybe; but think of all the people getting paid to do the recount with out of state money.


45 posted on 12/10/2016 3:05:17 AM PST by gleeaikin
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To: SeekAndFind

Sounds like the legal argument is, they’re almost done so we might as well finish anyway.


46 posted on 12/10/2016 5:40:51 AM PST by xzins (Lord Jesus Christ, Son of God, have mercy on me, a sinner.)
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To: silverleaf

We’re well past day 3 of the recount and there’s only a 60 vote difference. Fake news site?


47 posted on 12/10/2016 5:44:09 AM PST by xzins (Lord Jesus Christ, Son of God, have mercy on me, a sinner.)
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To: SeekAndFind
61 votes for Hillary Clinton.

Almost there...just about 22,000 more to go...

Go Hillary, Go Hillary...LOL

I wonder how those stooges feel about the money they sent Jill Stein now?

48 posted on 12/10/2016 6:10:23 AM PST by Popman
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To: Owen

“Bottom line, this state will finish on time and it will not move the vote.”

That’s what I’m seeing, too. What a waste of time and money - but for ONCE it’s Socialists paying the tab!

That, in itself is A Christmas Miracle, LOL!


49 posted on 12/10/2016 6:26:55 AM PST by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set!)
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To: SeekAndFind

This whole episode has gone WAY beyond ridiculous! Sheesh!


50 posted on 12/10/2016 9:34:49 PM PST by luvie (There is no global anthem, no global citizenship. We pledge allegiance to one country, America.)
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To: Beautiful_Gracious_Skies

Exactly

Fortunately in the south where they cheat with abandon in Memphis and Nashville and Birmingham they are nullified by such a large proportion of right voting caucazoid persuasions

Mississippi is almost 90 percent GOP vote these days in statewide races

Trump may have hit 90 actually

He also grabbed a higher black % than usual in cotton states

Boy the dems fear that extra 10-15% black vote going GOP

It’s like flying monkeys themselves are tossing water on the wicked witch of the west


51 posted on 12/11/2016 12:09:01 AM PST by wardaddy (trump is a great tourniquet but that's all folks.......)
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To: Beautiful_Gracious_Skies

90% white vote


52 posted on 12/11/2016 12:09:49 AM PST by wardaddy (trump is a great tourniquet but that's all folks.......)
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To: kabar; Cementjungle; SeekAndFind; All

Don’t be surprised. After all Trump did an excellent job of appealing to the fear affected lizard brain (amygdala) of many who supported and vote for him. Just because he has now been elected doesn’t mean their brains are any different now, or any less fearful. Of course, many do now have hope for change, draining of the swamp, etc. Time will tell if their hopes are realized.

http://neuroscience.uth.tmc.edu/s4/chapter06.html

https://www.sciencedaily.com/terms/amygdala.htm


53 posted on 12/11/2016 9:47:30 PM PST by gleeaikin
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To: Hacksaw
as did that hideous woman from Washington State

Christine Fraudoire.

54 posted on 12/11/2016 10:12:48 PM PST by gogeo (That's my Trumpy!)
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