We have been officially in the insane process phase of the 2020 presidential election for a while … But don’t worry, the feverish dreams and the crazy legal theories keep coming back!
Arizona had a ridiculously successful hand census audit. Unlike other states, which had some losses and gains, the Arizona audit gave absolutely identical results to the initial balance sheet. To vote.
But of course votes are meaningless to Republicans these days. And in the Arizona Republican Party against Fontes, the state’s GOP asked for MORE RESULTS !!! 1! Why? BECAUSE YOU SAY SO OKAY ?!
Make yourself comfortable, sit back, and take the relaxing drink or chemical of your choice. That is fun!
So listen up The Arizona GOP is really batshit. I realize we’re living in 2020 where basically the entire Republican Party has gone out of line and the bar has been set damn high, but even for Trumpland these fuckers are insane. This is best illustrated by Arizona Republican Party leader Kelli Ward, who, when she’s not worried about chemtrails, spends her time looking for martyrs who are dying on behalf of Donald Trump.
Why yes, Arizona was one of the states that had a cosplay electoral college. HOW DID YOU KNOW ?!
The Arizona GOP is likely to have filed a slew of crazy lawsuits over the 2020 election. The Arizona Supreme Court has already unanimously rejected his attempt to dismiss the election results. But Republicans don’t let stupid things like “facts” get in the way!
Let’s have Maricopa County Supreme Court Justice Doug Wilenchik describe the most recent case in which the party requested an amendment to the election manual … after the election:
“In that lawsuit, the Arizona Republican Party plaintiff sought a court order directing the Maricopa County defendants to repeat the handcounting test using a variety of ballot papers. Plaintiff baldly asserted that this relief was necessary in order to to maintain confidence in the integrity of. ” our elections, “without asserting any facts showing that the machines might have counted the votes incorrectly. The plaintiff could not explain why the complaint was not filed prior to the election or what any other test would serve.”
Judge Wilenchik gives us a nice summary of all the reasons why the case was dismissed and no relief was given:
“The plaintiff’s request for Mandamus relief failed because the county electoral officials’ duty was, and they did, to obey the electoral process manual. The motion for a judgment failed because of its extreme tardiness on both the defendants Both these allegations and the mid-trial injunction motion were prohibited post-election challenges to the electoral process. “
Oh and also
The plaintiff was unable to demonstrate an irreparable breach from the confirmation of the election results or a favorable balance of difficulties as the plaintiff failed to explain how exactly he would benefit from a handcounting test revision.
And he makes it very clear that there are many, many reasons to reject this stupid case:
Aside from the illogic of trying to refute a theory for which there is no evidence, the plaintiff’s defense on the timing of the case failed on his own terms. The delay in filing created a situation where an order requiring further scrutiny with other rules would only have increased public suspicions.
The headings Judge Wilenchik used during the verdict are spot on too::
Mandamus did not apply because the election officials obeyed the law
The request for declaratory relief was far too late
A judicial investigation into the election process after the election was not justified
The proposed change to add a restraining order was useless
A judge by my own heart.
But the best? The best thing is footnote 4 when threatening sanctions:
“Exactly what the Republican Party of Arizona and its attorney knew or had reason to know about the status of the handcounting test at the time the complaint was filed will be an issue in soliciting attorneys’ fees. The Republican Party appears to be doing this.” had at least constructive knowledge of facts contradicting the allegations in the complaint. The attorney (who also reviewed the complaint) said he had “not received a copy” of the audit report until the lawsuit was filed. […] But what he knew about the exam when he filed the complaint is unclear. “
Not only is this an amazing legal blow (that’s the legal way of saying, “YOU ASSHOLES ARE FULL OF SHIT”), but it also signals that Judge Wilenchik is fed up with that hippopotamus dung and is ready to punish these fuckers for making them have filed this lawsuit on such dire terms trust.
In most parts of Europe it is one thing for a victorious party to reclaim fees, but in the US it is not a thing except in certain cases (like civil rights claims) and certain situations (like this one). Revised Arizona Law Section 12-349 (A) (1) & (2) requires the opposing party to file if an attorney or party opens a case “without substantive justification” or “solely or primarily because of delay or Harassment “.
The opinion signals elsewhere that sanctioning the motherfuckers is definitely being considered:
“For this motion, the court must determine whether the Republican Party and its attorneys have brought the case in bad faith to delay the confirmation of the election or to falsely cast the legitimacy of the election.”
In a fee application filed earlier this month, Arizona Secretary of State Katie Hobbs argues:
Here, [the Arizona Republican Party] and his lawyer easily ticks both boxes. They brought an unsubstantiated lawsuit, pursued it in a genuinely amateurish manner by failing to seek relief and half-heartedly trying to join the Maricopa County’s promotion, and were so thinking of their claim that they did not appeal when they agreed Prejudice was rejected. Their motives were transparent: delaying the final election results and raising doubts about the integrity of the Arizona electoral system.
That is simply not what litigation is meant for, and this abuse of the judicial system should not go without sanction.
Do you remember laughs? This case is a textbook example of an unreasonable delay requiring the application of laughter. The plaintiff could have pursued the case months ago. Instead, it waited until after the election, after the legal deadline for the handcounting test to begin, and (as it turned out) after the test was completed. The delay affected both the defendants and the public. This shortcoming, in contrast to the failure to sue the right party, could not be remedied.
After all this campaign, law schools need to update their textbooks.
But hey as the court reminds us
These longstanding rules have proven themselves. They are vital to this day, protecting the electoral process from the gambling behavior of those who might otherwise protect themselves against losing the election by holding legal issues in reserve or using the law as a tool to thwart the will of voters.
However, that’s completely hypothetical, and definitely not exactly what Donald Trump and his team at Crackpots have been doing all along.
Oh wait, jk:
Here the plaintiff has not made a viable claim after the election. The plaintiff here requested a handcounting test “in strict accordance” with the “Verified Complaint at 1” law at a time when an alleged non-compliance did not result in a cause of action. The plaintiff relied on suspicion of wrongdoing only in a situation where he had to rely on certain visually believable facts backed by “the most credible, positive and clear evidence” of fraud or wrongdoing. The plaintiff did not even raise facts here that questioned the reliability of the handcounting test, let alone the outcome of the election or the honesty of the officials who administered it. The law therefore called for the case to be dismissed immediately.
Is it strange that I really want to be friends with Judge Wilenchik and his staff now?
Here is the order!
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