erik lundegaard

Sunday November 22, 2020

'Strained Legal Arguments Without Merit'

The best thing about our courts is you can't just blab on as you can before the press; the court won't take it. Remember David Boies' line about eviscerating an anti-marriage equality proponent during the Prop 8 case? “In speeches, no one got to cross-examine him.” But Boies did. And there went that guy's argument.

Last week, Donald Trump's personal $20k-a-day lawyer, Rudy Giuliani, who's been busy spouting theories of voter fraud, went back into the courtroom for the first time in decades. It didn't go well. 

Asked what standard of review should be applied, Giuliani responded “the normal one.” He said he didn't understand what “strict scrutiny” meant. He said he didn't understand what “opacity” meant, then guessed it meant “you can see.” U.S. District Judge Matthew W. Brann responded: “It means you can't.”

My favorite line from Judge Brann? 

“You're alleging that the two individual plaintiffs were denied the right to vote. But at bottom, you're asking this court to invalidate more than 6.8 million votes, thereby disenfranchising every single voter in the commonwealth. Can you tell me how this result can possibly be justified?”

Man, why can't journalists do this? 

Cut to the chase. Yesterday, Brann ruled on a request to dismiss Giuliani's/Trum's case. His ruling was basically “Fuck, yeah.” It was “Get this shit out of my court.” Here's his intro: 

In this action, the Trump Campaign and the Individual Plaintiffs (collectively, the “Plaintiffs”) seek to discard millions of votes legally cast by Pennsylvanians from all corners – from Greene County to Pike County, and everywhere in between. In other words, Plaintiffs ask this Court to disenfranchise almost seven million voters. This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election, in terms of the sheer volume of votes asked to be invalidated. One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption, such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens.

That has not happened. Instead, this Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence. 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. 

P.S. Brann is a Republican.

Trump won't go away on Jan. 20 but he will be removed from holding the levers of power; and we'll be a better country and a better world for it. 

Posted at 07:50 AM on Sunday November 22, 2020 in category Law  
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