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Obama-Appointed Judge in PA Sends Outrageous Message to Trump Attorney
Western Journal ^ | 17 Nov 2020 | Jack Davis

Posted on 11/21/2020 6:03:31 PM PST by blueplum

“Scaringi filed a request to delay the hearing, noting its complexity, his status as new to the case and recent turnover in the Trump legal team.

“Having only been retained today, Plaintiffs’ new counsel need additional time to adequately prepare this case for the upcoming oral argument and evidentiary hearing,” Scaringi wrote in a court filing.

“...“Furthermore, this is a case of significant complexity and importance to the people of the United States of America,” he said. “And, further, the court record compiled in such a short period of time already contains 148 docket entries by Plaintiffs, multiple Defendants and multiple Intervenor Defendants.”

The judge refused to give Trump’s new counsel time to further prepare, sending what many would consider to be an outrageous and partisan message to the attorney, the president and the country.

Despite the fact that the case could determine who serves as America’s president, and one side has been amassing its argument for two weeks while the other is barely 24 hours into his role, Brann rejected the request.

“Oral argument will take place as scheduled, tomorrow, November 17, 2020,” the judge wrote. “Counsel for the parties are expected to be prepared for argument and questioning...."

(Excerpt) Read more at westernjournal.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: brann; constitution; dueprocess; legislatingjudges; matthewbrann; matthewwbrann; nosignofkraken; scotus; trump
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To: rollo tomasi

Please elaborate. I am curious genuinely as to why my perception of the constitution is incorrect

I admit I am just an average citizen on this one other particular expertise. So I can truly stand to learn ok this issue. I am interested in your perspective.


81 posted on 11/22/2020 6:48:20 AM PST by gas_dr (Trial lawyers AND POLITICIANS are Endangering Every Patient in America: INCLUDING THEIR LIBERTIES)
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To: hopespringseternal
I’ve looked at the evidence

Judges are only allowed to look at evidence presented in court - Trump's lawyers haven't presented any evidence in court in these cases. Stuff on the internet or said at press conferences can't be considered. That's why Trump needs better lawyers.

82 posted on 11/22/2020 6:53:39 AM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: enumerated
And you are mistaken - there is nothing wrong with Giuliani’s arguments - Team Trump did not expect to win anything in PA courts. They will appeal to federal courts, successfully, on the very sound basis that a federal election is at stake.

They lost in the Pennsylvania Supreme Court a week ago. This is federal court. And the Republican judge who issued the ruling found that there was a lot wrong with Giuliani's arguments - he's not a good lawyer. The judge even writes at one point that Trump *might* have had a case if only he hired a competent lawyer, which is a pretty amazing thing to say in writing.

83 posted on 11/22/2020 7:00:06 AM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Wpin

Re: 61:

What an ignorant comment. Disgusting.

Get back down in the basement, your babysitter made soup and sandwiches for lunch.


84 posted on 11/22/2020 7:31:47 AM PST by Fury (.)
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To: Alter Kaker

“They lost in the Pennsylvania Supreme Court a week ago. This is federal court.”

Nonsense. But even if it was...

“Although state supreme court rulings on matters of state law are final, rulings on matters of federal law can be appealed to the Supreme Court of the United States.“

A presidential election is a matter of federal law, so any state Supreme Court ruling can be appealed to SCOTUS.


85 posted on 11/22/2020 7:48:06 AM PST by enumerated
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To: enumerated
Nonsense. But even if it was...

What's nonsense? That the Supreme Court of Pennsylvania ruled against a Trump lawsuit on the 17th or that Judge Matthew Brann, who ruled against Trump in this case yesterday, is a federal judge serving in the Middle District of Pennsylvania? Or that the 3rd Circuit (a federal appeals court) ruled against Trump on a critical standing issue on November 16? I'm not sure what you're saying is nonsense.

A presidential election is a matter of federal law, so any state Supreme Court ruling can be appealed to SCOTUS.

Only if there's a federal constitutional violation. But mostly elections are questions of state law not federal law. Even if this particular case were appealed all the way to the Supreme Court and somehow they found reason to reverse it, the issue would be specific to Pennsylvania and wouldn't affect the outcome of the Presidential election.

86 posted on 11/22/2020 9:19:51 AM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: gas_dr
"I am curious genuinely as to why my perception of the constitution is incorrect."

Current legal realities.

For timely sake since it's election time...

What was a "ground" for Bush vs. Gore that got seven to sign on (Two Justices privately moaned and groaned about this ground but signed off anyway)?

What was also another "ground" that only 3 signed off on?

Basically it's this division where the former ground (Which has judicial majority in every court) is why textualism is dead and buried.

BTW, you are correct but again this isn't current legal reality unfortunately.
87 posted on 11/22/2020 9:24:03 AM PST by rollo tomasi
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To: WildHighlander57

...........it would be a steep mountain to climb because it’s just the judges “opinion”..............pair that with some HARD evidence of bias (like kin to a relative) though and it might fly...................


88 posted on 11/22/2020 9:46:25 AM PST by Cen-Tejas
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To: Alter Kaker
Judges are only allowed to look at evidence presented in court - Trump's lawyers haven't presented any evidence in court in these cases.

Were you in the courtroom for these cases? If not, how do you know what was presented?

All of these lawyers are highly accomplished people with impressive legal resumes. To claim they have all been suddenly struck with incompetence simultaneously is not credible.

It is far more believable that the same corrupt judges that let the fraud happen in the first place are now covering it up.

89 posted on 11/22/2020 9:48:20 AM PST by hopespringseternal
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To: gas_dr

The states have not been sovereign since the Civil war.


90 posted on 11/22/2020 11:03:56 AM PST by BiteYourSelf ( Earth first we'll strip mine the other planets later.)
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To: GrandJediMasterYoda

That asshole is race virtue signaling

Wish those bastard Bushes had stayed in New England where they belonged


91 posted on 11/22/2020 11:10:17 AM PST by wardaddy (I applaud Jim Robinson for his comments on the Southern Monuments decision ...thank you run the tra)
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To: hopespringseternal
Were you in the courtroom for these cases? If not, how do you know what was presented?

I listened to the arguments and read the briefs and the decisions? Does that answer you question?

All of these lawyers are highly accomplished people with impressive legal resumes. To claim they have all been suddenly struck with incompetence simultaneously is not credible.

Literally the last argument Giuliani made to the Judge in the Pennsylvania case was that he had accidentally deleted a big chunk of his complaint. Whatever you call that, it isn't competence.

92 posted on 11/22/2020 11:35:32 AM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: rollo tomasi

Thanks so much for clarifying, I agree with what you said. And I genuinely appreciate the education.


93 posted on 11/22/2020 11:41:42 AM PST by gas_dr (Trial lawyers AND POLITICIANS are Endangering Every Patient in America: INCLUDING THEIR LIBERTIES)
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To: Alter Kaker

“ What’s nonsense? That the Supreme Court of Pennsylvania ruled against a Trump lawsuit on the 17th or that Judge Matthew Brann, who ruled against Trump in this case yesterday, is a federal judge serving in the Middle District of Pennsylvania? Or that the 3rd Circuit (a federal appeals court) ruled against Trump on a critical standing issue on November 16? I’m not sure what you’re saying is nonsense.”

None of that is nonsense. :-)

I was talking about your previous statement that the PA Supreme Court is a federal court. It’s not. The district courts are Federal but the PA Supreme Court is not.

“Only if there’s a federal constitutional violation. But mostly elections are questions of state law not federal law. Even if this particular case were appealed all the way to the Supreme Court and somehow they found reason to reverse it, the issue would be specific to Pennsylvania and wouldn’t affect the outcome of the Presidential election.“

???

Obviously, in their appeal, Team Trump will need to site a potential violation of the US Constitution, or the SCOTUS wouldn’t take it up! Likewise, they will need to demonstrate a potential impact on the election, otherwise why would anyone bother?

Remember - whatever “case(s)” or arguments wind up being taken up by the SCOTUS, will bear little resemblance to any particular cases in PA - it’s not like they are set in stone and simply get tried in one court after another.

Rather, they will evolve and adapt to the various courts, and where appropriate, be joined along the way by similar cases from other states.


94 posted on 11/22/2020 11:48:03 AM PST by enumerated
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To: Fury

Go suck your thumb...


95 posted on 11/22/2020 3:57:25 PM PST by Wpin ("I Have Sworn Upon the Altar of God eternal hostility against every form of tyranny...")
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To: kvanbrunt2

But a hand recount of all original ballots no the machine generated ones would show just the Biden votes with nobody down the ticket being voted for also this hand count would show that the counties tallies were way off..


96 posted on 11/22/2020 8:16:07 PM PST by tallyhoe
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To: Alter Kaker

[They lost in the Pennsylvania Supreme Court a week ago. This is federal court. And the Republican judge who issued the ruling found that there was a lot wrong with Giuliani’s arguments - he’s not a good lawyer. The judge even writes at one point that Trump *might* have had a case if only he hired a competent lawyer, which is a pretty amazing thing to say in writing.]


I’ve always wondered whether Giuliani was a great prosecutor, or a great publicity hound, back in his days as Reagan Associate AG.


97 posted on 11/23/2020 7:04:27 AM PST by Zhang Fei (My dad had a Delta 88. That was a car. It was like driving your living room.)
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To: eastexsteve

Maybe that’s the point? Build in reversible error? That would be a nice delay tactic, if that’s what they wanted.


98 posted on 11/23/2020 7:06:38 AM PST by RinaseaofDs
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To: Alter Kaker
They lost in the Pennsylvania Supreme Court a week ago. This is federal court.

The Pennsylvania Supreme Court is a federal court?
Since when?
Another thing, the US Supreme Court already ruled against the Pennsylvania Supreme Court on counting ballots that arrived after 8 pm on Nov 4, no?
The SCOTUS specifically ordered that ballots that arrived November 3 be put aside. That was even before the elections, An order that the Pennsylvania SOS flouted.
It shouldn't be a problem getting the huge number of invalid ballots counted in Philly and Allegheny County declared invalid by SCOTUS.

99 posted on 11/23/2020 2:18:52 PM PST by SmokingJoe
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To: SmokingJoe
The Pennsylvania Supreme Court is a federal court?

Reading is fundamental. They lost in the state supreme court A WEEK AGO; however this article concerns a separate loss in federal court.

100 posted on 11/23/2020 3:20:36 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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