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markpkessinger

(8,392 posts)
Sun Nov 22, 2020, 02:27 PM Nov 2020

If you haven't read Judge Brann's Memorandum Opinion dismissing Trump's Pennsylvania lawsuit ...

... it's a real treat! Here is the Introduction from it, and below the introduction, I will provide a link to the 37-page opinion. And bear in mind that this particular judge is a Republican, and a member of the Federalist Society!

I. Introduction

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. At bottom, Plaintiffs have failed to meet their burden to state a claim upon which relief may be granted. Therefore, I grant Defendants’ motions and dismiss Plaintiffs’ action with prejudice.


Here is a link to the full opinion (I've shared it from my Google Drive).
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If you haven't read Judge Brann's Memorandum Opinion dismissing Trump's Pennsylvania lawsuit ... (Original Post) markpkessinger Nov 2020 OP
'One might expect that when seeking such a startling outcome, a plaintiff would elleng Nov 2020 #1
Judge Brann dropped the hammer! Botany Nov 2020 #2
K & R for a great read. N/T IllinoisBirdWatcher Nov 2020 #3
It's amazing how Trump has gotten so many people to lower themselves Maraya1969 Nov 2020 #4
There's a reason we lawyers refer to COLGATE4 Nov 2020 #5
+1 n/t markpkessinger Nov 2020 #6

elleng

(130,714 posts)
1. 'One might expect that when seeking such a startling outcome, a plaintiff would
Sun Nov 22, 2020, 02:33 PM
Nov 2020

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.'

Botany

(70,444 posts)
2. Judge Brann dropped the hammer!
Sun Nov 22, 2020, 02:34 PM
Nov 2020

"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. At bottom, Plaintiffs have failed to meet their burden to state a claim upon which relief may be granted. Therefore, I grant Defendants’ motions and dismiss Plaintiffs’ action with prejudice."

Maraya1969

(22,459 posts)
4. It's amazing how Trump has gotten so many people to lower themselves
Sun Nov 22, 2020, 02:50 PM
Nov 2020

to the point of humiliation for him.

I couldn't.

COLGATE4

(14,732 posts)
5. There's a reason we lawyers refer to
Sun Nov 22, 2020, 02:59 PM
Nov 2020

Federal judges as "800 lb. gorillas". You don't want to mess with them.
"

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