╌>

"Federal judges do not appoint the president in this country," U.S. District Judge Pamela Pepper wrote in a 45-page ruling.

  

Category:  News & Politics

Via:  john-russell  •  4 years ago  •  12 comments

By:   Adam Klasfeld (Law Crime)

"Federal judges do not appoint the president in this country," U.S. District Judge Pamela Pepper wrote in a 45-page ruling.
The last of the four lawsuits filed by President Donald Trump's former lawyer Sidney Powell bit the dust late Wednesday in Wisconsin, where a federal judge noted that voters choose who goes to the White House in the United States.

S E E D E D   C O N T E N T



sidney-powell-1200x627.jpg

"Federal judges do not appoint the president in this country," U.S. District Judge Pamela Pepper wrote in a 45-page ruling. "One wonders why the plaintiffs came to federal court and asked a federal judge to do so. After a week of sometimes odd and often harried litigation, the court is no closer to answering the 'why.' But this federal court has no authority or jurisdiction to grant the relief the remaining plaintiff seeks."

The last of the four lawsuits filed by President Donald Trump's former lawyer Sidney Powell bit the dust late Wednesday in Wisconsin, where a federal judge noted that voters choose who goes to the White House in the United States.

The decision fell hours after a similar decision by a federal judge in Arizona, who found Powell's claims of voter fraud entirely unsupported.

"Not only have Plaintiffs failed to provide the Court with factual support for their extraordinary claims, but they have wholly failed to establish that they have standing for the Court to consider them," U.S. District Judge Diane Joyce Humetewa said. "Allegations that find favor in the public sphere of gossip and innuendo cannot be a substitute for earnest pleadings and procedure in federal court. They most certainly cannot be the basis for upending Arizona's 2020 General Election."

On Tuesday, federal judges in Michigan and Georgia reached the same conclusion.

The tensions of the national moment aside, Judge Pepper said that the case was simple.

"The election that preceded this lawsuit was emotional and often divisive," the judge wrote. "The pleadings that have been filed over the past week are passionate and urgent. People have strong, deep feelings about the right to vote, the freedom and opportunity to vote and the value of their vote. They should. But the legal question at the heart of this case is simple. Federal courts have limited jurisdiction. Does a federal court have the jurisdiction and authority to grant the relief this lawsuit seeks? The answer is no."

Powell compared her lawsuits to the "Kraken," a mythical, octopus-like creature unleashed into popular culture in the film "Clash of the Titans." Every tentacle of the litigation is now shredded, though she and her co-counsel Lin Wood have been pursuing appeals in the 11th Circuit for the Georgia case and Sixth Circuit for Michigan.

None of those appeals are expected to go far, and the rest of Judge Pepper's opinion shows the deficiencies and carelessness in the lawsuit that makes the sea-monster dead in the water.

Powell wanted to the judge to order the disclosure of 48 hours of surveillance footage at the "TCF Center," but that convention center is in Detroit, Michigan, the judge made sure to mention in a footnote.

Even botching the name of her client, Powell referred to her lead plaintiff William Feehan , a would-be Trump elector, as "Meehan." The judge called out that typo, too.

That lack of attention to detail was emblematic of what the judge found to be a broader aimlessness of the entire enterprise.

"Even if this federal court had the authority to order the governor of the state of Wisconsin to certify the results of a national presidential election for any candidate—and the plaintiff has presented no case, statute or constitutional provision providing the court with that authority—doing so would further invalidate and nullify [Feehan]'s vote," Judge Pepper noted. "The plaintiff wants Donald J. Trump to be certified as the winner of the Wisconsin election as a result of the plaintiff's vote. But what he asks is for Donald J. Trump to be certified the winner as a result of judicial fiat ."

That, Judge Pepper would not do.

"This court's authority to grant relief is confined by the limits of the Constitution," she noted. "Granting the relief the plaintiff requests would take the court far outside those limits, and outside the limits of its oath to uphold and defendant the Constitution."


Tags

jrDiscussion - desc
[]
 
JohnRussell
Professor Principal
1  seeder  JohnRussell    4 years ago

Donald Trump, Sidney Powell, Rudy Giuliani, and Steve Bannon are shameless, horrible people. They have no second thoughts about asking the courts to anoint the next president, as long as it is Trump. 

 
 
 
Trout Giggles
Professor Principal
1.1  Trout Giggles  replied to  JohnRussell @1    4 years ago

The lawyers that have brought these cases and shamelessly lied about voter fraud should have their law licenses yanked and censured

 
 
 
JohnRussell
Professor Principal
2  seeder  JohnRussell    4 years ago
"This court's authority to grant relief is confined by the limits of the Constitution," she noted. "Granting the relief the plaintiff requests would take the court far outside those limits, and outside the limits of its oath to uphold and defendant the Constitution."
 
 
 
Thomas
Masters Guide
2.1  Thomas  replied to  JohnRussell @2    4 years ago

Attention to detail also needs be payed to the article..... I think that we rely on spellcheck a little too much or perhaps a little bit of instant karma kicked in.... "defend"  jrSmiley_9_smiley_image.gif

 
 
 
Just Jim NC TttH
Professor Principal
2.1.1  Just Jim NC TttH  replied to  Thomas @2.1    4 years ago

And in your case I believe the correct term is "paid".

  • He paid attention in class.

-not-

  • He payed attention in class.

jrSmiley_9_smiley_image.gif

 
 
 
Thomas
Masters Guide
2.1.2  Thomas  replied to  Just Jim NC TttH @2.1.1    4 years ago

Exactly what I was saying...Thank you for the correction.

 
 
 
Kavika
Professor Principal
3  Kavika     4 years ago

The Nevada Supreme Court ruled against Trump yesterday. His losing streak has reached 54. 

 
 
 
Paula Bartholomew
Professor Participates
3.1  Paula Bartholomew  replied to  Kavika @3    4 years ago

Yet, because he did have on low level suit ruled in his favor, he will claim he has proven his case and that he won overall.

 
 
 
Paula Bartholomew
Professor Participates
3.1.1  Paula Bartholomew  replied to  Paula Bartholomew @3.1    4 years ago

"one" not on.

 
 
 
Tacos!
Professor Guide
4  Tacos!    4 years ago

The court knocked out a 45-page opinion in whatever short time she had. That's pretty good. Work product like that will get you appointed to fancy judge positions, I guess. 

Does a federal court have the jurisdiction and authority to grant the relief this lawsuit seeks? The answer is no."

This is pretty much how I expect most courts to act. It's too close to being a political question, so they will stay out of it.

 
 
 
Thomas
Masters Guide
4.1  Thomas  replied to  Tacos! @4    4 years ago
The court knocked out a 45-page opinion in whatever short time she had. That's pretty good. Work product like that will get you appointed to fancy judge positions, I guess. 

Good paralegals and court clerks et.al. help, also. 

 
 
 
Tacos!
Professor Guide
4.1.1  Tacos!  replied to  Thomas @4.1    4 years ago

Yes. If we're being honest, they're doing all the work.

 
 

Who is online

evilone
Vic Eldred
Right Down the Center
Nerm_L
Snuffy
George
JohnRussell
Kavika
Sean Treacy


443 visitors