Message from @William Dinan

Discord ID: 788092761617727548


2020-12-14 17:06:24 UTC  

She doesn't embarrass easily.

2020-12-14 17:06:50 UTC  

An Attorney can mislead the Public.

2020-12-14 17:07:05 UTC  

Not in Court Though.

2020-12-14 17:07:09 UTC  

I guess that actually happens all the time.

2020-12-14 17:07:18 UTC  

Public being defined as people who consume media.

2020-12-14 17:07:19 UTC  

exactly ... Giuliani press conference versus Giuliani in court the previous day

2020-12-14 17:08:13 UTC  

The Police can actually Lie to a Suspect.

2020-12-14 17:08:28 UTC  

I do know that.

2020-12-14 17:09:45 UTC  

But don't dare wrongly recall to the FBI

2020-12-14 17:10:30 UTC  

Apparently there's a knowingly willfully misleading threshold.

2020-12-14 17:10:39 UTC  

Good luck proving that.

2020-12-14 17:10:52 UTC  

Yes. The Court of Public Opinion has no Rules of Evidence or Procedure.

2020-12-14 17:12:08 UTC  

Material Fact and Knowingly and Willingly.

2020-12-14 17:12:54 UTC  

and now half the Court of Public Opinion doesn't trust the actual Courts where there are rules and evidence is judged based on these rules ... not a good sign

2020-12-14 17:13:12 UTC  

Average folks just don't have the financial wherewithal to fight the government, all the Justice one can buy.

2020-12-14 17:13:33 UTC  

Who has time to sit in federal jail for extended periods of time to prove a point?

2020-12-14 17:15:05 UTC  

Standing is a Magic Rule made by Lazy Judges. IMHO

2020-12-14 17:16:36 UTC  

I would like to discuss this in detail because I'm now tending towards the opposite view ... hang on and I'll repost what I posted on @Uncivil Law discord

2020-12-14 17:17:38 UTC  

@William Dinan here you go: okay caveat this with not a lawyer but here's the text of the SCOTUS order: "The State of Texas’s motion for leave to file a bill of
complaint is denied for lack of standing under Article III of
the Constitution. Texas has not demonstrated a judicially
cognizable interest in the manner in which another State
conducts its elections. All other pending motions are dismissed
as moot." and here's a link discussing standing under section 2 article III of the US Constitution where you find this: "Although the Court has been inconsistent, it has now settled upon the rule that, “at an irreducible minimum,” the constitutional requisites under Article III for the existence of standing are that the plaintiff must personally have: 1) suffered some actual or threatened injury; 2) that injury can fairly be traced to the challenged action of the defendant; and 3) that the injury is likely to be redressed by a favorable decision" my uneducated guess is that one or more of those three don't apply https://law.justia.com/constitution/us/article-3/20-substantial-interest-standing.html

2020-12-14 17:18:27 UTC  

it’s real, but we haven’t seen ‘the rebuttal’ or response to these findings

2020-12-14 17:19:16 UTC  

SCOTUS should have taken the Case because of Original and Exclusive Jurisdiction. Had a Hearing if the Respondents Filed A Motion for Dismissal on Summary Judgment.

2020-12-14 17:22:13 UTC  

next paragraph in SCOTUS order: "Statement of Justice Alito, with whom Justice Thomas joins:
In my view, we do not have discretion to deny the filing of a
bill of complaint in a case that falls within our original
jurisdiction. See Arizona v. California, 589 U. S. ___
(Feb. 24, 2020) (Thomas, J., dissenting). I would therefore
grant the motion to file the bill of complaint but would not
grant other relief, and I express no view on any other issue." ... grant the motion but not grant other relief (Thomas and Alito)?

2020-12-14 17:23:52 UTC  

Not only Original. It is Exclusive. No place to Appeal.

2020-12-14 17:27:05 UTC  

okay back to standing and how does this principle play out? "3) that the injury is likely to be redressed by a favorable decision" ... so after they declined the PA appeal, did they then conclude that whatever constitutional issue there was a redress would not change the outcome ... PA's own election website shows the count absent of votes turned after election day

2020-12-14 17:29:26 UTC  

For At least the first 100 Years of Federal Jurisprudence we had no Rule or Procedure for "Standing". I can't find that Principle anywhere in the US Constitution or even Federalist Papers.

2020-12-14 17:32:21 UTC  

so how did it arise? that 3rd part is interesting to me because it goes right along with the lines of what @RobertGrulerEsq has been saying about the remedy has to fit the alleged harm ...

2020-12-14 17:32:51 UTC  

Standing and Cause of Action are two very different things.

2020-12-14 17:34:00 UTC  

well did one get pushed into the other? curious

2020-12-14 17:37:05 UTC  

This is not a State Law Question IMO. It it an US Constitutional Issue solely dealing with the Electors Clause.

2020-12-14 17:37:13 UTC  

Damn Chris Wallace is on fire https://youtu.be/cR_9fBQUtwk

2020-12-14 17:38:42 UTC  

How is states modifying their state law on administering an election not a state question

2020-12-14 17:40:40 UTC  

"Plenary Power" to the State Legislature. Not the State Executive or Judicial.

2020-12-14 17:41:14 UTC  

I agree and I think the only portion that touches the Electors Clause is where state admin changes rules that state legislature set ... but if redress of that would not change the outcome then SCOTUS has no need to address it? ... not saying it's what I would have preferred, just saying that is what seems to have occurred

2020-12-14 17:41:32 UTC  

You cant just say plenary power every time you dont want to answer a question 😂

2020-12-14 17:42:23 UTC  

hey I'm trying to learn something here ... <Googles "plenary">

2020-12-14 17:43:13 UTC  

That Power and Obligation was granted under the US Constitution. It is only subject to the US Supreme Court Review. Not a State Court. Only with respect to Electors.

2020-12-14 17:45:09 UTC  

@ejpips All is going according to plan. Just remember our 'arrangement'.

2020-12-14 17:45:22 UTC  

They are asking for the court to allow them to use their power when they cannot use that power

2020-12-14 17:45:23 UTC  

Lol

2020-12-14 17:45:43 UTC  

right so Thomas and Alito are saying we have to let you in the door but wouldn't grant you the relief once inside while the others are saying because we wouldn't grant you the relief we don't have to let you in the door

2020-12-14 17:46:12 UTC  

'Sumpin like 'at