one thing tagged “fox news”

The Continuing Saga of an A+ Elite Strike-Force Team Saving Our Imperiled Democracy

Will tag updates as I read them with amusement and disbelief. Armando Ianucci must be weeping right now. All emphases are mine.

In a court filing signed by Rudy Giuliani and Marc Scaringi1 — the two remaining attorneys on the case after everyone else quit — the campaign asked for the judge to hand over Pennsylvania’s electors.

[…] “You’re asking this court to invalidate more than 6.8 million votes, thereby disenfranchising every single voter in the commonwealth,” Brann said at the hearing. “Can you tell me how this result can possibly be justified?”

– Jacob Shamsian, “Rudy Giuliani straight up asked a federal judge to ignore Pennsylvania voters and declare Trump won the state.”, Business Insider India

And:

Before Tuesday, Rudy Giuliani last registered an appearance in the U.S. federal judiciary in 1992, and in the view of many legal observers, it showed. The former mayor of New York flubbed basic concepts of law and, in at least one instance, displayed a poor command of the English language.

Giuliani confessed that he did not know the word “opacity,” applying the Bizarro World definition that it “probably means you can see.”

“It means you can’t,” U.S. District Judge Matthew Brann corrected2.

[…] When pressed by the judge on what standard of scrutiny should be applied to Pennsylvania government’s action, Giuliani replied: “The normal one.”

– Adam Klasfield, “When Applying ‘Normal’ Scrutiny, Rudy Giuliani’s Court Appearance Was a Total Flop”, Law & Crime

And because IANAL, some helpful context:

At one point, he even appeared ignorant of the concept of strict scrutiny, a basic and fundamental concept for a practicing lawyer to know when arguing a case on Fourteenth Amendment grounds. Imagine if you were lying in an operating room, about to go under general anesthesia, and heard your surgeon ask, “Hey, what are all these knives for?” Now you are in general orbit around whatever planet on which the former New York mayor happens to be residing.

– Matt Ford, “The Unpardonable Sins of Lindsey Graham”, The New Republic

Onward:

At one point he referred to president-elect Joe Biden as a “crook” and chastised the press for reporting that he has no evidence of fraud. Mr Giuliani has offered no evidence in court of fraud.

[…] He compared election observers being corralled away from the votes counts to a moment in the movie in which the eponymous character asks a witness in court how many fingers he is holding up, claiming that they could not see a thing.

[…] As what appeared to be hair dye dripped down both sides of his face

[…] Ellis described the assembled lawyers as “an elite strike-force team” working on behalf of the president.

– Oliver O’Connell, “Giuliani quotes ‘My Cousin Vinny’ as he sets out conspiracy theories at bizarre press conference”, The Independent

And finally:

President Donald Trump’s campaign says it’s dropping its Michigan election lawsuit because it succeeded in halting certification of election results in Detroit and surrounding Wayne County, despite the outcome already having been certified in favor of President-elect Joe Biden.

– Eric Larson and David Voreacos, “Trump Campaign Drops Michigan Election Suit, Claims Victory”, Bloomberg

An “Absolutely Brilliant” Elite Mercurial Powerhouse Leader of the Best Legal Team3 one could assemble given the seriousness of the charges against our democratic systems, folks. So unbelievably competent, Snopes had to publish an entry about his performance in court 💯


Update 20 Nov 2020.

But his attorneys have repeatedly made elementary errors in those high-profile cases: misspelling “poll watcher” as “pole watcher,” forgetting the name of the presiding judge during a hearing, inadvertently filing a Michigan lawsuit before an obscure court in Washington and having to refile complaints after erasing entire arguments they’re using to challenge results.

“The sloppiness just serves to underscore the lack of seriousness with which these claims are being brought,” said Rick Hasen, a law professor at the University of California, Irvine.

[…] “I know crimes. I can smell them,” Giuliani said as streaks of sweat and what appeared to be hair dye ran down the sides of his face. “You don’t have to smell this one. I can prove it to you 18 different ways.”

[…] “Part of the reason he doesn’t have good lawyers is he doesn’t have good claims to bring.”

– Colleen Long, Jill Colvin, and Alanna Durkin Richer, Trump’s lawsuits plagued by spelling errors: ‘I’ve never seen an election lawyer handle a case as poorly as Giuliani has’, The Independent

Huh.


Update 21 Nov 2020

The painful monologue screeched to a halt whenever Rudy hit the guardrails of judicial questioning. Asked the most important question in nearly any election lawsuit, what standard of review should apply, he was caught completely off guard. For non-lawyers, it’s hard to explain just how appalling this is. Standard of review is the sort of thing that every first-year law student learns. But rather than agreeing with the judge that the case demanded “strict scrutiny,” or arguing that it called for rational basis review, he simply advocated for “the normal one.” If legal Twitter had a voice in that moment, the scream would have been heard around the world.

[…] But what Rudy did next crossed a line: he lied. He didn’t spin, argue, or put his best take on the evidence, he flat-out lied to a judge in open court.

[…] Actually, Rudy’s first lie came before he ever set foot in the Pennsylvania courthouse. On Tuesday morning, Rudy petitioned to represent the Trump campaign, which is a routine step for lawyers appearing out of state. If you aren’t licensed to practice in a court, you have to request permission to argue. Sadly, Rudy couldn’t complete this two-page form without committing perjury. Rudy claimed to be licensed in the District of Columbia, where in fact he’s currently suspended for not paying his dues.

– Albert Fox Cahn, “It’s Time to Take Away Rudy’s Law License”, The Daily Beast

Update 25 Nov 2020

The only place maybe worse is Michigan, and particularly the city of Detroit. The city of Detroit probably had more voters than it had citizens. I’m exaggerating a bit, but all you have to do is look at statistical data and you can see that the fraud was rampant and out of control.

– Ian Schwartz, “Giuliani: We’re Pursuing a Supreme Court Challenge Due To ‘Misconduct Of The Election’”, RealClearPolitics

Update 26 Nov 2020

It keeps getting more divorced from reality.

I think we may actually have won Virginia, but that’s another battle,” Mr Giuliani said.

The comments were made during a meeting of Republican state lawmakers in Gettysburg, Pennsylvania on Wednesday.

Mr Biden defeated Mr Trump in Virginia by 451,138 votes.

– Graig Graziosi, “Giuliani thinks Trump ‘may have won Virginia’ despite Biden winning state by nearly half a million votes”, The Independent

As for Pennsylvania, where the plaintiff literally phoned it in at Gettysburg:

Despite having told a federal judge that theirs was “not a fraud case”, the 76-year-old former mayor of New York introduced a series of Pennsylvania residents to complain about fraud, to cheers and whoops, and the occasional audible sharp intake of breath from the staunchly pro-Trump crowd.

[…] On Monday Pennsylvania certified the vote, meaning that the process is concluded. Mr Biden won the state by 80,555 votes.

[…] He claimed that 682,770 mail-in ballots entered in Allegheny County and Philadelphia were “not observed by any single Republican.”

They could have been from the same person,” he said. “There could have been multiples, there was no name on them”.

There’s more, of course.

“The mail-in ballots that were received were not inspected at all by any Republicans. They were hidden from Republicans,” he said.

He said he “couldn’t be entirely sure,” though.

And arithmetic, compounded with the passage of time can lead to undemocratic effects:

He expressed surprise, once again, that when he went to sleep Mr Trump was in the lead but that lead evaporated.

What are the odds that they all switched, overnight? They switched, by the next day.

The lead evaporated because more Democrats than Republicans voted by mail, and as their votes were slowly counted, the pendulum swung in Mr Biden’s favour.

– Harriet Alexander, “‘Your election is a sham’: Giuliani tells Pennsylvania ‘I know crooks really well’ as he appears in Gettysburg”, The Independent
  1. "The day before a major argument in Pennsylvania, three lawyers for Trump withdrew and were replaced in part by Marc Scaringi, an attorney and talk show host who wrote a blog post after the election referring to ‘President-elect Joe Biden.’ Scaringi himself had told listeners on his radio show days after the election that ‘there are really no bombshells’ about to drop ‘that will derail a Biden presidency,’ and noting that several of the lawsuits ‘don’t seem to have much evidence to substantiate their claims.’ - The Independent ↩︎

  2. “Big words, your honor,” Giuliani said. ↩︎

  3. Screenshot is from the Facebook page of a True Believer. This person and the commenter are not trying to be funny. They cannot be, even if they tried. “Believe me.” ↩︎