Posted on 12/25/2020 1:07:11 PM PST by SeekAndFind
BREAKING: Federal Appeals Court Tosses Trump Election Case https://t.co/1C9fYKuJDH
— The Election Wizard (@Wizard_Predicts) December 25, 2020
CHICAGO — A federal appeals court ruled against President Donald Trump in his lawsuit against the Wisconsin Elections Commission today. On Christmas Eve, the Court of Appeals for the Seventh Circuit affirmed a lower court’s ruling that dismissed Trump’s challenge in Wisconsin.
“We agree that Wisconsin lawfully appointed its electors in the manner directed by its Legislature and add that the President’s claim also fails because of the unreasonable delay that accompanied the challenges the President now wishes to advance against Wisconsin’s election procedures,” reads the decision of the panel of three justices.
The court said President Trump had a full opportunity before the election to challenge Wisconsin law.
“On the merits, the district court was right to enter judgment for the defendants. We reach this conclusion in no small part because of the President’s delay in bringing the challenges to Wisconsin law that provide the foundation for the alleged constitutional violation. Even apart from the delay, the claims fail under the Electors Clause,” the court says.
There is no word yet whether the President will appeal the decision to the U.S. Supreme Court.
Do you know whether such guest privileges are also granted for other 2020 election cases?
It’s on a case-by-case basis. But accessing court records is open to public. To get Electronic Court Filing (or “ECF”) privileges, you need to be an attorney. But there is something called Public Access to Court Electronic Records (or “PACER”) which you can sign up for, and give a credit card, and download court files.
Since the docs are public record, many secondary sources download them and post them for the public to read.
Many question how the USSC can easily decide federal or state legislation or behavior is unconstitutional and yet ignore what now seems obvious.
There are multiple reasons for this
1- Under Article III of the Constitution, Fed Courts are courts of limited subject matter jurisdiction. They can only handle cases or controversies arising from Federal law, or lawsuits among citizens of various states. So garden-variety cases like divorce, zoning, will disputes, personal injury, etc. all go to state court, not Fed court. Since Constitution gives states broad discretion in running elections, contesting election laws is often purely a question of state law.
2- Fed courts cannot give advisory opinions, because doing so would be legislating from the bench. They can only hear an actual case or controversy. So if a state law infringes freedom of religion of a Hindu, I cannot go to Fed court and challenge it. This is the concept of standing.
3- SCOTUS does not have original jurisdiction in most Federal cases. (an exception is lawsuits between states) So even if you have a Federal or Constitutional claim, and even if you have standing, you generally cannot go to SCOTUS. You have to go to lower courts first.
4- Even if you exhaust your lower court remedies, generally, SCOTUS is not obligated to hear your case. You have to petition SCOTUS to hear the case.
Overall, looking at these election cases, I think the cases are largely well-reasoned. I think waiting until AFTER the election and then running to court willy-nilly was a very poor tactic. I am also bothered that we are told that PDJT’s attorneys are alleging fraud, when, in fact, almost all of these cases seek to overturn results on legal technicalities.
Again, why didn’t PDJT’s staff advise him to fight the state changes to election procedure BEFORE the election? PDJT has consistently been able to draw upon his unprecedented popularity to affect policy. Why wasn’t he encouraged to step in?
Also, why didn’t McConnell allow debates and votes on the various election security bills that were left dormant in the Senate?
I reject the mainstream explanation that the GOP was caught by surprise in 2020. My opinion is that the GOP colluded and conspired with the Dems.
>> You can’t wait until after a law is enacted, and people rely upon it and cast their votes, to come in and overturn it. <<
But you have to to claim injuries. I watched the hearing of the lower court. It was amazing to witness the false narrative created that the president had “no problem” with the Wisconsin laws “as long as he thought they may work in his favor.” THAT is utter contempt for the truth.
The president railed against these actions BEFORE the election, but the endless refrain (not officially from any court) was that there had never been any fraud so his complaints were baseless. So then we hold the election, witness the fraud in astonishing levels, and then they claim his complaints are baseless.
Let’s ALSO not forget that in previous elections, 5% of absetee ballots were rejected for various defects; in this case, next to zero were. This shows that the actions of election officials were not foreseeable based on history.
Why did he hand over Covid response - which was a plot to oust him and throw millions of Americans out of work and destroy conservativism (small business and the middle class) to a Hillary Clinton acolyte, Anthony Fauci?
The Supreme Court”s attitude is probably something like “ hey, you made your bed, now you have to sleep in it”
Look at my post #36, above.
It turns out, at least in WI, the courts were perfectly sympathetic to pre-election challenges to questionable mail-in procedures.
So, the real question is: why wasn’t there a wholesale pre-election political attack, combined with massive judicial challenges to these procedures?
While waiting until after the election may have been a poor tactic, there was no visible evidence of fraud or illegality prior to November 3, at least that I am aware of. One could also question whether the President would have had a basis for intervening as a party in issues concerning state statutes prior to November 3.
Thank you for your primer on federal courts but I am not sure you offered an opinion on whether there is now an effective remedy at law for election-day violations.
The Second Amendment?
Please look at my post #36.
At least in WI, the courts were perfectly willing to hear pre-election challenges to election procedures, and to quickly (as in, within a week) over-turn improper procedures.
Also, I recall PDJT was loudly complaining, as early as July or August, about the evils of unfettered mail-in voting. But nothing was done, and it is my opinion that the establishment - including his non-family advisors - simply wanted him gone. He ruffled too many feathers. He slaughtered too many sacred cows. He would not bend. He would not break. He could not be bribed. He could not be threatened. Attempts at blackmailing him failed miserably. So his advisors led him to an election engineered for a loss.
Honestly, I don’t think a legal remedy exists anymore.
There is something in law called “res judicata” which is Latin for “the matter has been decided.” Basically, if you lose on the merits, and you can’t overturn on appeal, the issue is decided, and you can’t get another bite at the apple by filing another lawsuit or going to another court.
That is why I am seething mad at Wood, Powell, Ellis, and Giuliani. These guys did more harm than good. By filing garbage pleadings, and losing, they foreclosed any possibility of having the issues re-visited.
BTW, don’t be fooled by the lies and deception. These bozos did not lose on standing. They lost on the merits. The courts gave them a chance to submit evidence, deposition transcripts, etc. And they submitted garbage, and lost.
I wrote extensively on the topic in this thread, including the garbage that was filed, and the lies that were fedto PDJT and his supporters.
https://freerepublic.com/focus/f-bloggers/3918321/posts
“This is what happens in corrupt judicial systems.”
I believe the judge who wrote the opinion was appointed by PDJT.
The election was stolen in plain sight. Everybody knows it was stolen and how it was stolen yet the gatekeepers we expect to right these wrongs stand mute. The guardians who we had faith in to stop this crime stand mute. Everybody realizes that without justice and punishment our republic is lost. Yet we stand mute.
When this story is told no one will believe it.
When I became an attorney, I took an oath to the Constitution. So you will not see me advocating violence, ever.
Also, at a personal level, I’ve appeared in court at least every week, often several times a week, for years. I’ve also attended Bar functions and mingled with judges “off the record.” Also, I am a car nut, and I’ve gone on drives with Judges. A retired Federal judge is a personal friend of mine, has been to my home a bunch of times, met my family, and we want to go on a long road trip together some day.
So, after all these interactions, I have come to believe that most judges are honest, hard-working Americans, trying their best to hand down just results.
Do they have their personal biases? Oh yes. Do they make mistakes? Absolutely! They are human. So, yes, they have their shortcomings. Yes they do.
But to disobey the rule of law is something I abhor. And the Constitution is the highest law of the land. And, as I said before, I believe the court’s opinions on the election fraud cases were well-reasoned, given the garbage that was filed by the lawyers.
So what is the solution?
My advice: abandon both parties. I want to see a third party make a STRONG showing in the next election. There is no doubt in my mind that the GOP establishment HATES PDJT. In fact, just look at video clips from 2015. Cruz, McConnell, Graham, Rubio, Romney, they all ridiculed him. They did not criticize him. Criticism is acceptable. They ridiculed him.
Yet they all get to go back to DC, while PDJT, who got more votes than any American president running for re-election, ever, has to go home.
So what is the solution?
My advice: abandon both parties. I want to see a third party make a STRONG showing in the next election
In regard to your observation about attorneys. Very few are fighters, just like the rest of us.
“The election was stolen in plain sight. Everybody knows it was stolen and how it was stolen yet the gatekeepers we expect to right these wrongs stand mute. The guardians who we had faith in to stop this crime stand mute. Everybody realizes that without justice and punishment our republic is lost. Yet we stand mute.
When this story is told no one will believe it.”
We were warned over and over again that the election was going to be stolen but nobody in the campaign decided it may have been worthwhile to figure out how it was going to be done and then take steps to stop it.
some said we didn’t have to worry because PDJT was going to win in such a landslide, the Democrats wouldn’t be able to manufacture enough votes to overcome that. Others said not to worry because God had said that PDJT was going to win.
This is just a small battle. The war is not over.
until it is “all the one or all the other” Look to history and heritage...........................
“This is just a small battle. The war is not over.
until it is “all the one or all the other” Look to history and heritage..........”
I agree with you. this is just part of a long, on going battle.
Nobody’s advocating violence. But if our country is stolen, with the constitution many of us took an oath to being ignored, then laws become moot and further voting will be of the Soviet type with a predetermined conclusion. The Patriots that created our government placed one constitutional amendment there for just this type of situation.
Different caset of characters but the same scum institution
Dred Scott v. Sandford, decided by the U.S. Supreme Court on March 6, 1857, declared that Black people, whether free or enslaved, could not be American citizens and were thus constitutionally unable to sue for citizenship in the federal courts. The Court’s majority opinion also declared that the 1820 Missouri Compromise was unconstitutional and that the U.S. Congress could not prohibit enslavement in the U.S. territories that had not attained statehood.
So what is the solution?
1) For one, I think they focused on God and not the raging waves they appeared to be sinking in.
2) I don’t think Donald Trump will give up. If he is ousted, he will still be in the battles, he will be back in four years. This is just a bump in the road for him. I think we have a true proven leader.
3) Before Trump took the stage, there was a growing trend of states reasserting their rights and ignoring the fed government. This will come back.
4) Freedom is just another word for nothing left to lose. As libs destroy things, they also lose their leverage on us.
5) The second amendment has never been tested in history that i can see. This is new ground.
Folks, get used to the idea that there is going to be a fight. Do your mental rehearsal of what you will do when............ Be prepared to pay a personal cost.
Clearly know your objective in the fight. The french revolution was about what they didn’t want, it led them no where. I see a lot of talk about what we don’t want here on FR.
Our Founding Fathers had a clear goal as demonstrated by the Constitution.
I don’t see how the Constitution is being ignored.
The Constitution granted states broad discretion to choose electors. Sure, some states are engaging in highly dubious conduct. But neither the Federal government nor the other states have anything to say about that. And, BTW, despite all the arguments about fraud, Powell, Giuliani, Ellis, and Wood have not really shown any fraud. They have mostly sought to overturn the results based on legal technicalities. And done a lousy job of it.
In my humble opinion, the problem isn’t that the Constitution is being ignored or violated. The problem is that Rats and GOP are conspiring in dirty and deceptive politics, while staying within the four corners of the Constitution.
And since we are taking some time to pontificate, I will share a thought. I think it is time to amend the Constitution and grant to the Federal government the right to run elections. That way, Federal law enforcement and Federal courts would have jurisdiction.
These cases are going nowhere. If Trump is planning to act then he better do it soon.
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