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Yo_Mama_Been_Loggin

(107,837 posts)
Wed Aug 4, 2021, 12:56 PM Aug 2021

Lawyers sanctioned over 'fantastical' suit alleging 2020 U.S. election was stolen

Source: Reuters

(Reuters) - A U.S. judge on Wednesday sanctioned two lawyers who brought a lawsuit alleging the 2020 presidential election was stolen from Donald Trump and his supporters, calling their case "one enormous conspiracy theory."

"This lawsuit was filed with a woeful lack of investigation," U.S. Magistrate Judge N. Reid Neureiter said in a lengthy written decision which came four months after he dismissed the case.

Neureiter ordered the two lawyers, Gary D. Fielder and Ernest John Walker, to pay the legal fees incurred by people and entities they sued, including Facebook Inc and voting machine company Dominion Voting Systems Inc.

The amount of money the two will need to pay has not yet been determined by Neureiter, who has asked Dominion and Facebook to provide documentation about how much they spent.

Read more: https://www.msn.com/en-us/news/politics/lawyers-sanctioned-over-fantastical-suit-alleging-2020-us-election-was-stolen/ar-AAMWeKK?li=BBnb7Kz



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Lawyers sanctioned over 'fantastical' suit alleging 2020 U.S. election was stolen (Original Post) Yo_Mama_Been_Loggin Aug 2021 OP
Voila! empedocles Aug 2021 #1
a good beginning Yonnie3 Aug 2021 #2
If this was an appointed judge, he was appointed by Trump MissMillie Aug 2021 #3
Neureiter was appointed a magistrate by other judges in 2018 quaint Aug 2021 #6
This is correct. ShazzieB Aug 2021 #13
Thanks. quaint Aug 2021 #21
Thank you MissMillie Aug 2021 #22
It became a mission. quaint Aug 2021 #23
Free clue for Republicans: lying is wrong Champp Aug 2021 #4
Here's a link to the court's opinion: Ocelot II Aug 2021 #5
Thanks. yonder Aug 2021 #16
KnR Hekate Aug 2021 #7
Oh, THAT's going to put the hurt on bucolic_frolic Aug 2021 #8
I hope it's A LOT. calimary Aug 2021 #9
Yep, when you hurt people in their pocketbooks real hard KS Toronado Aug 2021 #10
And the libertarian funders' pockets seem limitless. Foreign cash doesn't hurt either. erronis Aug 2021 #14
Koch brothers are libertarians, could explain their limitless pockets. KS Toronado Aug 2021 #17
500-650 easy. plus maybe some outside counsel to consult. huge bills coming. ZonkerHarris Aug 2021 #19
Setting precedent for Dominion's suits...... SergeStorms Aug 2021 #11
Maybe, maybe not jmowreader Aug 2021 #12
Still, I would cite Judge Reid's opinion if I were one of Dominion's lawyers. Fortinbras Armstrong Aug 2021 #32
BOOM! Mr. Evil Aug 2021 #15
There's only 2 things these guys care about Tadpole Raisin Aug 2021 #18
I hope their due diligence was as sketchy when protecting dickthegrouch Aug 2021 #20
Good Joinfortmill Aug 2021 #24
These idiots need to be disbarred LetMyPeopleVote Aug 2021 #25
+1 -K&R onetexan Aug 2021 #27
Great, but when are the congresscritters that wouldn't vote to certify the election going to be held llmart Aug 2021 #26
they should also be recommended for disbarrment Prichards115 Aug 2021 #28
Thank you judge seta1950 Aug 2021 #29
Not that I expected different, but it is good news. marble falls Aug 2021 #30
see definition : knuckleheads. Historic NY Aug 2021 #31

quaint

(2,556 posts)
6. Neureiter was appointed a magistrate by other judges in 2018
Wed Aug 4, 2021, 01:31 PM
Aug 2021
WaPo

According to his biography, Neureiter, who was appointed a magistrate by other judges in 2018, previously served for a time on a committee that investigated alleged ethical violations by lawyers who practice in Colorado’s federal courts.

I followed a number of search results before finding this tiny mention of how he attained office.

ShazzieB

(16,348 posts)
13. This is correct.
Wed Aug 4, 2021, 03:02 PM
Aug 2021

I also had to follow several different search trails, but I finally found this:

What are federal magistrate judges?

A U.S. magistrate judge is a judicial officer of the district court and is appointed by majority vote of the active district judges of the court to exercise jurisdiction over matters assigned by statute as well as those delegated by the district judges. The number of magistrate judge positions is determined by the Judicial Conference of the United States, based on recommendations of the respective district courts, the judicial councils of the circuits, and the Director of the Administrative Office of the U.S. Courts. A full-time magistrate judge serves a term of eight years. Duties assigned to magistrate judges by district court judges may vary considerably from court to court.


Source: https://www.uscourts.gov/faqs-federal-judges

Ocelot II

(115,656 posts)
5. Here's a link to the court's opinion:
Wed Aug 4, 2021, 01:28 PM
Aug 2021
https://storage.courtlistener.com/recap/gov.uscourts.cod.203235/gov.uscourts.cod.203235.136.0.pdf

It's a doozy.

I use the words “vast conspiracy” purposefully. The Complaint is one enormous conspiracy theory... So, this was not a normal case in any sense. Plaintiffs purported to represent 160 million American registered voters and came seeking a determination from a federal court in Colorado that the actions of multiple state legislatures, municipalities, and state courts in the conduct of the 2020 election should be declared legal nullities.... In short, this was no slip-and-fall at the local grocery store. Albeit disorganized and fantastical, the Complaint’s allegations are extraordinarily serious and, if accepted as true by large numbers of people, are the stuff of which violent insurrections are made.

The Complaint did seek, among other things, an injunction barring “any further unconstitutional behavior,” id. at 81, and “permanent injunctive relief to remedy the ongoing effects of Defendants’ unconstitutional conduct.” Id. at 83. But the requested injunctions aside, the main focus of the suit, at least as emphasized by Plaintiffs’ counsel in argument, was a demand for a massive amount of money, likely greater than any money damage award in American history. Seeking a “nominal amount of $1,000 per registered voter,” Plaintiffs asked for a total $160 billion for the putative 160-million person Plaintiff class. Dkt. #1 at 82. This figure is greater than the annual GDP of Hungary.


So, following a lengthy discussion about the sanctioned lawyers' failure to establish any possible basis for legal standing, the magistrate judge said:

In short, Plaintiffs’ counsel in this case did precious little to ensure that they were not part of a immense malignant feedback loop, echoing and repeating election-rigging conspiracy theories from the internet and from other failed lawsuits without any meaningful effort at verification. Mr. Fielder and Mr. Walker apparently spent much of their time signing up new clients and verifying the truth of their affidavits attesting to their distress at the perceived unfairness of the election process. That was a pointless exercise. Affidavits from one hundred fifty new plaintiffs who lacked personal knowledge of any election fraud or conspiracy between Defendants, and who suffered no particularized injury, added nothing to the lawsuit. Mr. Fielder was not relying on his clients for any substantive information or evidence about the allegations in the case. And, as Mr. Fielder has admitted on his website, http://dominionclassaction.com, and repeated at the sanctions hearing, this lawsuit was his creation and his idea....

The unique circumstances of this case, including the volatile conditions surrounding the 2020 election, the extremely serious and potentially damaging allegations against public servants and private entities, the remarkable request to declare void and ineffective the certification of the electoral votes of several states, along with an extraordinary money demand of $160 billion and the lack of any time pressure, meant that any reasonable pre-filing investigation needed to involve extensive due diligence and the testing of the allegations, including actually talking to human beings, such as the lawyers who filed the failed lawsuits and the experts who submitted affidavits. Under the circumstances of this case, Plaintiffs’ counsel did not fulfill this obligation.


And, finally:

I also find Plaintiffs’ counsel acted in bad faith and attempted to mislead the Court.

It is difficult to look into the mind of a person and determine his motives—what precisely he was thinking. Nevertheless, in this case, I can conclude that Plaintiffs’ counsel acted with objective bad faith in filing this lawsuit and dumping into a public federal court pleading allegations of a RICO conspiracy that were utterly unmerited by any evidence....


The opinion is long but worth a read - you can just feel the judge's deep irritation with these clowns vibrating off the page.


calimary

(81,179 posts)
9. I hope it's A LOT.
Wed Aug 4, 2021, 02:04 PM
Aug 2021

And that they don’t have any way to appeal their way out of it.

A message needs to be sent. A LOUD and COSTLY message. And all the bad publicity that can come with it.

What’s that chant? “SAY THEIR NAMES!” Works well here, also.

KS Toronado

(17,178 posts)
10. Yep, when you hurt people in their pocketbooks real hard
Wed Aug 4, 2021, 02:37 PM
Aug 2021

they usually learn a lesson, but not sure if reQublicans are teachable.

erronis

(15,216 posts)
14. And the libertarian funders' pockets seem limitless. Foreign cash doesn't hurt either.
Wed Aug 4, 2021, 03:07 PM
Aug 2021

Still, these people (Jane Meyer's "The Big Money Behind the Big Lie&quot do have to care a little bit about being caught out actively trying to kill our government - just for their own selfish benefit.

SergeStorms

(19,190 posts)
11. Setting precedent for Dominion's suits......
Wed Aug 4, 2021, 02:55 PM
Aug 2021

against Trumps "big name" lawyers who claimed Dominion's voting machines were at fault for Drumpf's loss to Biden/Harris. That lawsuit is for billions in damages. Of course Rudy is flat broke now. How convenient.

jmowreader

(50,546 posts)
12. Maybe, maybe not
Wed Aug 4, 2021, 03:01 PM
Aug 2021

Precedent usually flows from higher to lower courts in a judicial chain of command. Judge Reid sits at the federal equivalent of traffic court - the lowest level of the federal judiciary.

Fortinbras Armstrong

(4,473 posts)
32. Still, I would cite Judge Reid's opinion if I were one of Dominion's lawyers.
Thu Aug 5, 2021, 11:49 AM
Aug 2021

It may not be binding on other courts, but it's still a strong comment from a federal judge that is germane to the suit.

Mr. Evil

(2,828 posts)
15. BOOM!
Wed Aug 4, 2021, 03:12 PM
Aug 2021

How's that for dishing out some serious butthurt!? Those two are going to be chasing a lot of ambulances for years to come to pay that bill!

Tadpole Raisin

(972 posts)
18. There's only 2 things these guys care about
Wed Aug 4, 2021, 03:37 PM
Aug 2021

In terms of consequences - hefty fines and jail time.
I guess losing their license might be in there too but the time it takes to consider that is way more than it should be and normally it is only a hand slap.

Fine them and jail them!

dickthegrouch

(3,172 posts)
20. I hope their due diligence was as sketchy when protecting
Wed Aug 4, 2021, 04:25 PM
Aug 2021

Their yachts, second, third and fourth homes etc etc. Dominion deserves some actual recovery on this.

llmart

(15,535 posts)
26. Great, but when are the congresscritters that wouldn't vote to certify the election going to be held
Wed Aug 4, 2021, 09:13 PM
Aug 2021

accountable? As far as I know, nothing's been done to any of them.

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