Judge Disembowels Trump's "Frankenstein" Pennsylvania Lawsuit

Mish

In the biggest judicial rebuke yet, District Judge Matthew Brann blasted Trump's Pennsylvania election challenge.

‘This is Simply Not How the Constitution Works’

Delusional Trump supporters actually expected judges to break the constitution and elect Trump. 

Today, Judge Matthew Brann accurately disemboweled a preposterous Trump legal challenge with these words: ‘This is Simply Not How the Constitution Works

Frankenstein Monster Case

  • “This Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence,” U.S. District Judge Matthew Brann wrote. 
  • In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more.”
  • This claim, like Frankenstein’s Monster, has been haphazardly stitched together from two distinct theories in an attempt to avoid controlling precedent. 
  • “Even assuming that they can establish that their right to vote has been denied, which they cannot, Plaintiffs seek to remedy the denial of their votes by invalidating the votes of millions of others. Rather than requesting that their votes be counted, they seek to discredit scores of other votes, but only for one race. This is simply not how the Constitution works.
  • “Given that: (1) Plaintiffs have already amended once as of right; (2) Plaintiffs seek to amend simply in order to effectively reinstate their initial complaint and claims; and (3) the deadline for counties in Pennsylvania to certify their election results to Secretary Boockvar is November 23, 2020, amendment would unduly delay resolution of the issues.” 
  • “Although this case was initiated less than two weeks ago, it has already developed its own tortured procedural history. Plaintiffs have made multiple attempts at amending the pleadings, and have had attorneys both appear and withdraw in a matter of seventy-two hours.”

That is a well-deserved rebuke that shows how desperate and ill-advised Rudy Giuliani and Team Trump legal efforts have been.

Senator Ernst (R-IA) Slams Powell’s ‘Absolutely Outrageous’ Allegation

Please note Ernst Slams Powell’s ‘Absolutely Outrageous’ Allegation That Candidates Paid to Skew Election Results

Senator Joni Ernst (R., Iowa) slammed allegations by Trump campaign legal counsel Sidney Powell on Thursday that Democratic and Republican politicians may have paid to change the general-election results.

President Trump’s legal team brought forward various accusations of voter fraud during a press conference. Lawyer Rudy Giuliani alleged that there was a “national conspiracy” to steal the election for Joe Biden, although he did not reveal evidence for the claim, while Powell implied that politicians from both parties may have paid to skew the results.

That is an offensive comment,” Senator Ernst said on the Guy Benson Show. “For those of us that do stand up and represent our state in a dignified manner, we believe in the honesty, we believe in the integrity of our election system. ... To insinuate that Republican and Democratic candidates paid to throw off this election, I think is absolutely outrageous.”

Commenting on the press conference, Senator Ben Sasse (R., Neb.) pointed out that the Trump campaign has not backed up many of its allegations of voter fraud with evidence.

Based on what I’ve read in their filings, when Trump campaign lawyers have stood before courts under oath, they have repeatedly refused to actually allege grand fraud—because there are legal consequences for lying to judges,” Sasse said in a statement to National Review. “Wild press conferences erode public trust.”

Three Senators Take a Stand for Justice

Yes Senators, it is outrageous. 

Thanks to Senators Ernst, Sasse, and also Mitt Romney for having the courage to say so. 

The senate should all rebuke Trump but most of them are Chicken Littles afraid to do so. 

Career Justice Department Prosecutors Abandon Trump

Also note that Federal Prosecutors Push Back on Barr Memo on Voter Fraud Claims

Career Justice Department prosecutors pushed back this week against a memo by Attorney General William P. Barr that opened the door to politically charged election fraud investigations, saying in a pair of messages that Mr. Barr thrust the department into politics and falsely overstated the threat of voter fraud.

The protests were the latest rebuke of Mr. Barr by his own employees, who have in recent months begun criticizing his leadership both privately and publicly.

On Friday, 16 federal prosecutors across the country who were assigned to monitor elections for signs of fraud wrote to Mr. Barr that they had found no evidence of “substantial allegations of voting and vote tabulation irregularities.” They also asked him to rescind the memo, saying it thrust the department into partisan politics and was unnecessary because no one has identified any legitimate suspicions of mass voter fraud.

The memo “is not based in fact,” the monitors wrote.

Rudy Giuliani Makes a Fool of Himself 

Law and Crime comments Rudy Giuliani’s ‘Disgraceful’ Courtroom Rant About Voter Fraud Didn’t Resemble Trump Lawsuit

“They stole an election,” Giuliani claimed in the Middle District of Pennsylvania, in one of the many inflammatory remarks alleged in neither the 85-page original complaint nor the redlined amended version that struck broad swaths from the original suit.

Just like other Trump campaign lawyers before him, Giuliani would later candidly admit to the judge of the election lawsuit: “This is not a fraud case,” but not before packaging it otherwise in an evidence-addled opening argument.

“This is not a fraud case,” the Trump campaign’s lawyer Kory Langhofer told a Maricopa County judge last week. Giuliani repeated that line verbatim in the late afternoon session, of the Middle District of Pennsylvania lawsuit.

U.S. District Judge Matthew Brann also pressed Giuliani on the gulf between his opening remarks and his pleadings.

Peppering Giuliani with pointed questions, Brann appeared to catch Giuliani flubbing basic questions of law—and the English language.

I’m not sure what ‘opacity’ means,” Giuliani said at one point. “It probably means you can see.” “It means you can’t,” Brann responded.

When Judge Brann asked what standard of scrutiny he should apply to the case, Giuliani replied: “The normal one,” appearing not to understand the ways in which courts analyze government actions. Brann then asked whether he should apply “strict scrutiny,” considering his clients allege equal protection violations. Giuliani conceded he did not know what “strict scrutiny” meant.

Summation

  1. U.S. District Judge Matthew Brann labeled Rudy Giuliani's claim Frankenstein’s Monster
  2. Brann accurately rebuked Giuliani, ‘This is Simply Not How the Constitution Works
  3. Giuliani, did not understand the word "opacity"
  4. Giuliani, did not understand “strict scrutiny” in regards to equal protection under the law.
  5. Giuliani repeatedly told judges the case was not about fraud while lying to the public the case was about fraud. 
  6. 16 federal prosecutors across the country who were assigned to monitor elections for signs of fraud wrote to Mr. Barr that they had found no evidence of “substantial allegations of voting and vote tabulation irregularities.”
  7. Senator Ernst (R-Iowa)  blasted Trump's “national conspiracy” claim.
  8. Senator Sasse noted Trump campaign lawyers have stood before courts under oath, they have repeatedly refused to actually allege grand fraud—because there are legal consequences for lying to judges 
  9. Senator Romney said It was 'Difficult to imagine a worse, more undemocratic action' by a president. 
  10. Michigan GOP Leaders Tell Election Board to Break the Law

Even Fox News Has Had Enough

Drinking the Kool-Aid

Yet, many people still believe anything that Trump has to say no matter how obviously ridiculous. 

Widespread delusion remains that Trump was robbed and he should continue tactics, even illegal ones, to the bitter end.

Trump built his cult followers very much like Jim Jones led 900 members of the Peoples Temple movement to Drink the Kool-Aid and kill themselves in mass suicide.

Here, the consequences are more catastrophic.

Fortunately, no viable paths remain for Trump to win. The Supreme Court will not get involved with cult-like and Frankenstein requests to disenfranchise voters.

"This is simply not how the Constitution works.”

Mish

 

Comments (51)
No. 1-23
njbr
njbr

So much whineing...eerrr, winning? Or with Rudy, is it wineing??

njbr
njbr

I guess a $20K a day lawyer can't buy you a country.

njbr
njbr

Judge Brann was a Federalist Society member who served on the Pa. GOP State Comm, on his county Republican committee for 18 years. He reportedly was picked by Toomey.

Judge Brann's nomination questionnaire: "I currently serve as the Republican State Committeeman for Bradford County, Chairman of the Northeast Caucus of the Republican Party of Pennsylvania, and as a member of the Leadership Committee of the Republican Party of Pennsylvania."

Sechel
Sechel

Jenna Ellis claims this is a win since it brings her closer to the Supreme Court. That's not usually how it works. One goes to court to win.

She also claimed Brann was an Obama appointee. And while technically correct it leaves out he was a compromise and us actually a Republican member of the Federalist society and reccomended by Pat Toomey

Sechel
Sechel

Brann not only dismissed the case, he did so with prejudice meaning they can't amend it. In legalese he said piss off and stop wasting the court's time

Sechel
Sechel

It's really time for section 11 penalties

Dodge Demon
Dodge Demon

Mish, what’s your opinion on Ivermectin? Some guy I was drinking with mentioned it today.

Felix_Mish
Felix_Mish

Welcome to the land of the 1st amendment. Politicians and their supporters can say anything they want in the USA. And, we've had some pretty convincing demonstrations of the extent of that "anything" for some time now. Don't like it? Change countries or revoke the 1st.

We can all patiently wait for the 100s of whistle-blowers and for evidence voting machines were used illicitly. If team-Trump produces that evidence then give 'em a big cheer. If not, well, "voting machine" isn't a highly esteemed brand in the software field. Some serious review of such machines and their operation is long overdue. So, if that happens, it would be a positive aspect of this circus.

DMC2018
DMC2018

It's sad to see what's happening to this country. Where are the republicans?

Webej
Webej

Back to belief ...
we believe in the honesty, we believe in the integrity of our election system

Yes sir, you just have to believe in the democratic process on display here.
Such belief has been eroded by four years of yelling "illigitmate".
Society has become a little too cynical for appeals to belief to appear as anything but cynical manipulation.

Tengen
Tengen

Hard to believe Trump would keep dragging this out unless he genuinely thought he could win. It looked delusional from 11/4 onward, so I wonder who's been whispering in his ear to give him hope. Even Laura Ingraham on Fox News made a thinly veiled direct appeal to Trump to concede, trying to stroke his ego and have him look forward to the midterms and 2024.

Even on ZH doubt has started to creep in, probably only half the people there still believe Trump will serve a second term. Still absurdly high, but down from 80%+ a week or two ago.

Tengen
Tengen

Oh, forgot to address Mish's "sick of politics" tweet. One of the few good things about Biden is that US politics will be somewhat normal again. Whenever Joe does something bad, we won't see hordes of people claiming he's a deity beyond question, or that he's playing 4D chess, or that he's secretly the smartest human ever.

The weird personality cult around the office will disappear, because we all know Biden is just an old status quo guy, someone the ruling elite won't have to worry about stepping out of line. People often claimed this was a great thing about Trump, but he only upset the system iin dumb, often counterproductive ways. Seeing this opportunity to raise some hell in DC constantly squandered was undoubtedly the single most annoying thing about Trump. How so many people equated clamoring for ZIRP, throwing more money at the MIC, and running massive deficits as rebellion is difficult to understand.

Realist
Realist

”Sick of politics”

Sorry Mish. While I sympathize; you might as well say ”I’m sick of having cancer”, ”I’m sick of being depressed”, ”I’m sick of being hungry”, ”I’m sick of my business suffering because of Covid”. ”I’m sick of these hurricanes”.

Politics is part of life, just like hurricanes and cancer. We can’t wish it away.

Fortunately, you still live in the USA, a country that is currently doing a pretty good job of holding to it’s laws and constitution, in spite of four years of Trump attempting to turn it into a dictatorship. The USA has suffered blows, and is fraying at the edges, but it is still holding together.

Trump is determined though. And he still has millions of cult members who are eager to rip up the constitution in order to install him as an illegitimate President.

And he is continuing to tear and rip the fabric of the country by suggesting that Biden is the illegitimate President, because the election was fraudulent.

This should come as no surprise because this is exactly what he did throughout the 2016 election campaign as well. The surprise was that he won that election, because enough people ignored the warning signs and red flags he brazenly displayed (apparently, many of those voters thought he would act different as President). As they say, you can fool many of the people, all of the time.

Now, the US is reeling under assault from the worst President the country has ever had. Fortunately, I think the country is strong enough to survive the politics of Trump. However, the country has been severely wounded. It is going to take a very long time to heal these wounds.

When Biden became VP in 2008, he and Obama inherited the worst financial crisis since the great depression. It took a long time, but they managed to turn it around and handed a pretty solid economy to Trump.

Now, Biden is inheriting the ”new” worst financial crisis since the great depression AND the worst Pandemic since the end of WW1 AND a huge number of Americans who think he is illegitimate AND a Republican party that is still under Trump’s thumb. I have no idea how long it will take Biden and Harris to turn this around, even a little, given the impediments being placed in their way, but it will probably take well over a decade to recover from this mess. I do think the US will survive.

It should be an interesting four years of more politics. Get ready!

Finally, Mish, I would like to thank you for the integrity you have shown in pursuing the truth in the face of the backlash you have faced from the cult members and conspiracy believers. Your blog is the only blog I follow regularly (I check in on Martenson occasionally). And this is the only blog I ever post a comment on. There is a good reason I am still here after many years.

It’s you, and your pursuit of truth and reality.

Thanks.

FromBrussels
FromBrussels

The GREAT NATIONAL CONSPIRACY by the demure, politically correct elitarian establishment and its bribed media outlets has been a success beyond imagination, it was worth every buck of the hundreds of millions invested in it ! Your orange clown is a goner ! Congratulations! Now start focusing on your new, dyed-in-the-wool, exemplary, but without doubt, corrupt president and see what he achieves in the next four years ! Let me make a prediction though : NOTHING

PreCambrian
PreCambrian

I am sorry that your principles are costing you part of your livelihood. It was fairly obvious that this situation with Trump would occur the minute that he won the previous election. Republicans could have at least stopped it by standing up to Trump's illegal actions but every time they gave him a pass it only encouraged him further. I don't understand the Republican logic because weakening your own country is not going to make anything better when they regain the executive branch.

You are about the only conservative columnist that I can read because you give logical reasons for your beliefs even if I don't always agree with your opinions. I haven't read anything rational from typical Republicans in over eight years. Good luck.

Zardoz
Zardoz

Stupid is losing, as is proper.

AnotherJoe
AnotherJoe

"Trump built his cult followers very much like Jim Jones"

I've been saying that for a while now. BTW why is it that all the Trump inner circle get clonal antibodies to save themselves and the regular people are dying by the thousand? Wasn't Trump all about getting rid of the elites and the swamp?

davebarnes2
davebarnes2

"Drinking the Kool-Aid"
Flavor-Aid. Know your Jonestown meme.

truthseeker
truthseeker

I thought someone would have mentioned this already as to why Dominion backed out of the hearing. This has given new life to all these conspiracy theories by Trump supporters all over the country. The fact that Dominion lawyered up still does not convince me anything is going to change, but the longer this sorry mess continues, it becomes more divisive than ever, really hurting the country imo.

Sechel
Sechel

The Trump team just threw Sidney Powell under the bus

bob22
bob22

Excellent article --thank you for the research, the facts and the quotes. You're beautiful.

One-armed Economist
One-armed Economist

Kudos for having consistent integrity. Some things in life are beyond a price and losing them costs irreplaceable meaning to life. Integrity is priceless. But way too many sell their soles cheaply and irredeemably.

njbr
njbr

Just a few short days ago...

...After that [hair dye melting] press conference, Giuliani reaffirmed that Powell was speaking on behalf of the campaign.

“This is representative of our legal team,” Giuliani said at the event. “We’re representing President Trump and we’re representing the Trump campaign. When I finish, Sidney Powell and then Jenna Ellis will follow me.” Powell herself has been working out an office at the Trump campaign’s headquarters.

Ellis referred to Powell as a member of “the President’s national legal team” just last week. Trump himself said last week that Powell had been “added to our other wonderful lawyers and representatives.”....


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