dailykos--2020-11-22--Federal Judge Slaughters Trump Equal Protection Argument

A United States District Court today handed Trump yet another decisive loss .
You can read the full decision HERE .
The introduction to the Judge Brann ’ s decision ( an Obama appointee but longtime Republican and Federalist Society member ) makes clear the failures of Team Giuliani .
Plaintiffs ask this Court to disenfranchise almost seven million voters .
This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election , in terms of the sheer volume of votes asked to be invalidated .
@ @ @ @ @ @ @ a startling outcome , a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption , such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens .
That has not happened .
Instead , this Court has been presented with strained legal arguments without merit and speculative accusations , unpled in the operative complaint and unsupported by evidence .
In the United States of America , this can not @ @ @ @ @ @ @ , let alone all the voters of its sixth most populated state .
Our people , laws , and institutions demand more The court then discusses why Plaintiffs do not have standing .
Basically , Plaintiffs fail to allege that Defendants ' conduct denied them of their rights to vote .
Nor could they allege that based on the accepted facts of the case .
From there the court moved on to the equal protection arguments so beloved by Trumper supporters .
Trump ’ s argument was that the state allowed all counties @ @ @ @ @ @ @ , but not all counties chose to , just those in Biden dominated counties ( as alleged by Plaintiffs ) .
Even if Plaintiffs had standing , they fail to state an equal-protection claim .
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Defendant Counties , by implementing a notice-and-cure procedure , have in fact lifted a burden on the right to vote , even if only for those who live in those counties .
Expanding the right to vote for some residents of a state does not burden the rights of others .
And Plaintiffs ’ claim can @ @ @ @ @ @ @ complains that “ the state is not imposing a restriction on someone else ’ s right to vote.
” .
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Individual Plaintiffs ’ claims fail because it is perfectly rational for a state to provide counties discretion to notify voters that they may cure procedurally defective mail-in ballots .
Though states may not discriminatorily sanction procedures that are likely to burden some persons ’ right to vote more than others , they need not expand the right to vote in perfect uniformity .
All Plaintiffs have alleged is that Secretary Boockvar @ @ @ @ @ @ @ they wished to use the notice-and-cure procedure .
No county was forced to adopt notice-and-cure ; each county made a choice to do so , or not .
Because it is not irrational or arbitrary for a state to allow counties to expand the right to vote if they so choose , Individual Plaintiffs fail to state an equal-protection claim .
The court then went even further , it assumed that Plaintiffs did sufficiently allege equal protection violations and stated that even assuming that the remedy sought could not be granted by the @ @ @ @ @ @ @ of legally cast votes not be counted , Plaintiffs should have sought to allow their votes to be cured and counted ( the problem for Team Trump was that such votes were too few to change the result ) .
Moreover , even if they could state a valid claim , the Court could not grant Plaintiffs the relief they seek .
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assuming that they can establish that their right to vote has been denied , which they can not , Plaintiffs seek to remedy the denial of their votes by @ @ @ @ @ @ @ .
Rather than requesting that their votes be counted , they seek to discredit scores of other votes , but only for one race .
This is simply not how the Constitution works .
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Here , leveling up to address the alleged cancellation of Plaintiffs ’ votes would be easy ; the simple answer is that their votes would be counted .
But Plaintiffs do not ask to level up .
Rather , they seek to level down , and in doing so , they ask the Court to violate the @ @ @ @ @ @ @ It is not in the power of this Court to violate the Constitution .
Returning to the equal protection issue and the Supreme Court ’ s decision in Bush v. Gore : Plaintiffs are not challenging any court action as a violation of equal protection , and they do not allege that Secretary Boockvar ’ s guidance differed from county to county , or that Secretary Boockvar told some counties to cure ballots and others not to .
That some counties may have chosen to implement the guidance ( or not ) , @ @ @ @ @ @ @ not constitute an equal-protection violation .
“ [ M ] any courts that have recognized that counties may , consistent with equal protection , employ entirely different election .
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Requiring that every single county administer elections in exactly the same way would impose untenable burdens on counties , whether because of population , resources , or a myriad of other reasonable considerations .
To summarize the court strained to examine every inference favorable to defendant and could find none .
• Plaintiffs lack standing , and so they lose .
• @ @ @ @ @ @ @ do not adequately allege an equal protection clause violation , and so Plaintiffs lose .
• Even assuming Plaintiff adequately allege an equal protection clause violation , the court might could grant a remedy ordering counting the handful of Plaintiffs ’ votes not cured to be counted , but the court can not grant a remedy disenfranchising millions of other voters , and so Plaintiffs lose .
Notably , the judge Ruled on what lawyers call a Rule 12 ( b ) ( 6 ) motion for “ failure to state an action @ @ @ @ @ @ @ ” At this stage the judge is required to give great deference to the Plaintiffs ’ pleadings , and assume all facts alleged by the Plaintiff are true .
The judge did more than that , and still Plaintiffs lose .

A United States District Court today handed Trump yet another decisive loss. You can read the full decision HERE. The introduction to the Judge Brann’s decision (an Obama appointee but longtime Republican and Federalist Society member) makes clear the failures of Team Giuliani.
Plaintiffs ask this Court to disenfranchise almost seven million voters. This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election, in terms of the sheer volume of votes asked to be invalidated. One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption, such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens. That has not happened. Instead, this Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence. In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more
The court then discusses why Plaintiffs do not have standing. Basically, Plaintiffs fail to allege that Defendants' conduct denied them of their rights to vote. Nor could they allege that based on the accepted facts of the case.
From there the court moved on to the equal protection arguments so beloved by Trumper supporters. Trump’s argument was that the state allowed all counties to cure some defective mail in ballots, but not all counties chose to, just those in Biden dominated counties (as alleged by Plaintiffs).
Even if Plaintiffs had standing, they fail to state an equal-protection claim . . . Defendant Counties, by implementing a notice-and-cure procedure, have in fact lifted a burden on the right to vote, even if only for those who live in those counties. Expanding the right to vote for some residents of a state does not burden the rights of others. And Plaintiffs’ claim cannot stand to the extent that it complains that “the state is not imposing a restriction on someone else’s right to vote.” . . . Individual Plaintiffs’ claims fail because it is perfectly rational for a state to provide counties discretion to notify voters that they may cure procedurally defective mail-in ballots. Though states may not discriminatorily sanction procedures that are likely to burden some persons’ right to vote more than others, they need not expand the right to vote in perfect uniformity. All Plaintiffs have alleged is that Secretary Boockvar allowed counties to choose whether or not they wished to use the notice-and-cure procedure. No county was forced to adopt notice-and-cure; each county made a choice to do so, or not. Because it is not irrational or arbitrary for a state to allow counties to expand the right to vote if they so choose, Individual Plaintiffs fail to state an equal-protection claim.
The court then went even further, it assumed that Plaintiffs did sufficiently allege equal protection violations and stated that even assuming that the remedy sought could not be granted by the court. Rather than seeking that millions of legally cast votes not be counted, Plaintiffs should have sought to allow their votes to be cured and counted (the problem for Team Trump was that such votes were too few to change the result).
Moreover, even if they could state a valid claim, the Court could not grant Plaintiffs the relief they seek . . . assuming that they can establish that their right to vote has been denied, which they cannot, Plaintiffs seek to remedy the denial of their votes by invalidating the votes of millions of others. Rather than requesting that their votes be counted, they seek to discredit scores of other votes, but only for one race. This is simply not how the Constitution works . . . Here, leveling up to address the alleged cancellation of Plaintiffs’ votes would be easy; the simple answer is that their votes would be counted. But Plaintiffs do not ask to level up. Rather, they seek to level down, and in doing so, they ask the Court to violate the rights of over 6.8 million Americans. It is not in the power of this Court to violate the Constitution.
Returning to the equal protection issue and the Supreme Court’s decision in Bush v. Gore:
Plaintiffs are not challenging any court action as a violation of equal protection, and they do not allege that Secretary Boockvar’s guidance differed from county to county, or that Secretary Boockvar told some counties to cure ballots and others not to. That some counties may have chosen to implement the guidance (or not), or to implement it differently, does not constitute an equal-protection violation. “[M]any courts that have recognized that counties may, consistent with equal protection, employ entirely different election . . . Requiring that every single county administer elections in exactly the same way would impose untenable burdens on counties, whether because of population, resources, or a myriad of other reasonable considerations.
To summarize the court strained to examine every inference favorable to defendant and could find none.
Plaintiffs lack standing, and so they lose.
Even assuming Plaintiffs have standing, they do not adequately allege an equal protection clause violation, and so Plaintiffs lose.
Even assuming Plaintiff adequately allege an equal protection clause violation, the court might could grant a remedy ordering counting the handful of Plaintiffs’ votes not cured to be counted, but the court cannot grant a remedy disenfranchising millions of other voters, and so Plaintiffs lose.
Notably, the judge Ruled on what lawyers call a Rule 12(b)(6) motion for “failure to state an action for which the court may grant relief.” At this stage the judge is required to give great deference to the Plaintiffs’ pleadings, and assume all facts alleged by the Plaintiff are true. The judge did more than that, and still Plaintiffs lose.


dailykos--2020-11-21--How Democrats and Republicans Flipflopped

Strangely , over a century , America ’ s two major political parties gradually reversed identities , like the magnetic poles of Planet Earth switching direction .
When the Republican Party was formed in 1856 , it was fiercely liberal , opposing the expansion of slavery , calling for more spending on public education , seeking more open immigration , and the like .
Compassionate Abraham Lincoln suited the new party ’ s progressive agenda .
In that era , Democrats were conservatives , partly dominated by the slave-holding South .
Those old-style Democrats generally opposed any government action to @ @ @ @ @ @ @ the latter half of the 19th century , the pattern of Republicans as liberals , Democrats as conservatives , generally held true .
In 1888 , the GOP elected President Benjamin Harrison ( 1833-1901 ) on a liberal platform seeking more social services .
Then in 1896 , a reversal began when Democrats nominated populist firebrand William Jennings Bryan ( 1860-1925 ) , “ the Great Commoner.
” “ He was the first liberal to win the Democratic Party presidential nomination , ” political scholar Rich Rubino wrote .
“ This represented a @ @ @ @ @ @ @ the Democratic Party.
” Meanwhile , the GOP began shifting to conservative .
Theodore Roosevelt ( 1858-1919 ) — a vice president who took the top office after William McKinley was assassinated in 1901 — was a Republican liberal who supported a “ Square Deal ” for working families .
He broke up monopolistic trusts of rich corporations .
He championed pure food and drugs .
He created national parks and forests for the enjoyment of everyone .
He won the 1906 Nobel Peace Prize for helping end war between Russia and Japan @ @ @ @ @ @ @ that his successor , William Howard Taft ( 1857-1930 ) , was leading America too far to the right .
So T.R .
challenged Taft for the GOP nomination in 1912 , and lost .
In rebellion , Roosevelt gathered his liberal delegates and formed the Progressive Party , with a bold platform bordering on socialism .
The new-formed party called for universal medical care under a National Health Service .
It sought government pensions for retirees , plus compensation for the jobless and disabled .
It demanded an eight-hour workday and a @ @ @ @ @ @ @ a constitutional amendment to allow a federal income tax .
It supported voting by women , more freedom for workers to organize and strike , inheritance tax on rich estates , worker ’ s compensation for on-the-job injuries , and many other left-wing goals .
The Progressive platform attacked big-money influence in politics , vowing “ to destroy this invisible government , to dissolve the unholy alliance between corrupt business and corrupt politics.
” Roosevelt was a fiery orator and writer , saying , “ I believe that there should be a very @ @ @ @ @ @ @ incomes , a tax which should increase in a very marked fashion for the gigantic incomes.
” While Roosevelt was campaigning in Milwaukee in 1912 , a crazed assassin , John Schrank — who claimed that the ghost of William McKinley asked him to avenge McKinley ’ s death by killing Roosevelt — shot the Progressive candidate in the chest .
The bullet was partly deflected by Roosevelt ’ s 50-page speech and his steel eyeglasses case , but wounded him nonetheless .
Bleeding , he continued to orate unfazed .
Later , @ @ @ @ @ @ @ deter his campaign , Roosevelt replied that he was “ fit as a bull moose.
” Thereafter , his party was dubbed the Bull Moose Party .
Progressives won about one-fourth of the 1912 popular vote , and Democrat Woodrow Wilson ( 1856-1924 ) attained the presidency .
In 1916 , Roosevelt declined the Progressive nomination , and the liberal party he created soon disintegrated .
In a sense , Teddy Roosevelt was the last major Republican liberal .
Ensuing decades saw the GOP grow steadily more conservative , and Democrats acquire the @ @ @ @ @ @ @ struck , the “ New Deal ” of Democrat Franklin Delano Roosevelt ( 1882-1945 ) , Theodore ’ s nephew-in-law , achieved landmark progressive reforms .
In the 1960s , the “ Great Society ” of Democrat Lyndon Johnson ( 1908- 1973 ) vastly expanded the public safety net and gave legal equality to African Americans — driving racist Dixie out of the Democratic Party , into the GOP .
Then Republican President Ronald Reagan ( 1911-2004 ) mobilized the “ religious right ” of white evangelicals for his party .
Later , @ @ @ @ @ @ @ Party ” militants emerged in the GOP .
All this outlines America ’ s political flip-flop — how the liberal Republican Party turned conservative , and the conservative Democratic Party turned liberal .
It was a fascinating transition .

How Democrats and Republicans flipflopped
The Charleston Gazette-Mail – Sept. 12, 2016
By James A. Haught
Strangely, over a century, America’s two major political parties gradually reversed identities, like the magnetic poles of Planet Earth switching direction.
When the Republican Party was formed in 1856, it was fiercely liberal, opposing the expansion of slavery, calling for more spending on public education, seeking more open immigration, and the like. Compassionate Abraham Lincoln suited the new party’s progressive agenda.
In that era, Democrats were conservatives, partly dominated by the slave-holding South. Those old-style Democrats generally opposed any government action to create jobs or help underdogs.
Through the latter half of the 19th century, the pattern of Republicans as liberals, Democrats as conservatives, generally held true. In 1888, the GOP elected President Benjamin Harrison (1833-1901) on a liberal platform seeking more social services.
Then in 1896, a reversal began when Democrats nominated populist firebrand William Jennings Bryan (1860-1925), “the Great Commoner.”
“He was the first liberal to win the Democratic Party presidential nomination,” political scholar Rich Rubino wrote. “This represented a radical departure from the conservative roots of the Democratic Party.”
Meanwhile, the GOP began shifting to conservative. Theodore Roosevelt (1858-1919) — a vice president who took the top office after William McKinley was assassinated in 1901 — was a Republican liberal who supported a “Square Deal” for working families. He broke up monopolistic trusts of rich corporations. He championed pure food and drugs. He created national parks and forests for the enjoyment of everyone. He won the 1906 Nobel Peace Prize for helping end war between Russia and Japan.
After leaving office, Roosevelt felt that his successor, William Howard Taft (1857-1930), was leading America too far to the right. So T.R. challenged Taft for the GOP nomination in 1912, and lost. In rebellion, Roosevelt gathered his liberal delegates and formed the Progressive Party, with a bold platform bordering on socialism.
The new-formed party called for universal medical care under a National Health Service. It sought government pensions for retirees, plus compensation for the jobless and disabled. It demanded an eight-hour workday and a minimum wage for women. It sought a constitutional amendment to allow a federal income tax. It supported voting by women, more freedom for workers to organize and strike, inheritance tax on rich estates, worker’s compensation for on-the-job injuries, and many other left-wing goals.
The Progressive platform attacked big-money influence in politics, vowing “to destroy this invisible government, to dissolve the unholy alliance between corrupt business and corrupt politics.”
Roosevelt was a fiery orator and writer, saying, “I believe that there should be a very much heavier progressive tax on very large incomes, a tax which should increase in a very marked fashion for the gigantic incomes.”
While Roosevelt was campaigning in Milwaukee in 1912, a crazed assassin, John Schrank — who claimed that the ghost of William McKinley asked him to avenge McKinley’s death by killing Roosevelt — shot the Progressive candidate in the chest. The bullet was partly deflected by Roosevelt’s 50-page speech and his steel eyeglasses case, but wounded him nonetheless. Bleeding, he continued to orate unfazed.
Later, when reporters asked if the wounding would deter his campaign, Roosevelt replied that he was “fit as a bull moose.” Thereafter, his party was dubbed the Bull Moose Party.
Progressives won about one-fourth of the 1912 popular vote, and Democrat Woodrow Wilson (1856-1924) attained the presidency. In 1916, Roosevelt declined the Progressive nomination, and the liberal party he created soon disintegrated.
In a sense, Teddy Roosevelt was the last major Republican liberal. Ensuing decades saw the GOP grow steadily more conservative, and Democrats acquire the liberal mantle. When the Great Depression struck, the “New Deal” of Democrat Franklin Delano Roosevelt (1882-1945), Theodore’s nephew-in-law, achieved landmark progressive reforms.
In the 1960s, the “Great Society” of Democrat Lyndon Johnson (1908- 1973) vastly expanded the public safety net and gave legal equality to African Americans — driving racist Dixie out of the Democratic Party, into the GOP.
Then Republican President Ronald Reagan (1911-2004) mobilized the “religious right” of white evangelicals for his party. Later, extreme white conservatives calling themselves “Tea Party” militants emerged in the GOP.
All this outlines America’s political flip-flop — how the liberal Republican Party turned conservative, and the conservative Democratic Party turned liberal. It was a fascinating transition.
(James A. Haught, the Charleston Gazette-Mail’s editor emeritus, can be reached by email at haughtblogger@gmail.com. This column is drawn from his 11th book, Hurrah for Liberals.)


dailykos--2020-11-21--Democracy strikes back. Lawsuit accuses Trump of violating Voting Rights Act

The Trump/Giuliani efforts to claim voting fraud have frequently focused on black voters .
With Trump cheering them on , two county Republican Canvassers temporarily blocked certification of the vote results in Detroit .
They did so on thin claims of a few explainable discrepancies in counts that are routine .
More to the point , they were willing to ignore and certify results in white areas that had greater discrepancies .
They later changed their mind , voted to certify , then changed their minds again , unsuccessfully seeking to block certification .
A lawsuit filed yesterday seeks to @ @ @ @ @ @ @ in vote certification .
Three black voters in Detroit and the Michigan Welfare Rights organization filed THIS LAWSUIT accusing Donald Trump individually , and his campaign , of violating the Voting Rights Act .
The lawsuit alleges that after a series of unsuccessful lawsuits Team Trump has : “ turned to a new strategy : pressure state and local officials not to certify election results in key states and then have state legislatures override the will of the voters by installing President Trump ’ s slate of electors .
They have actively pursued @ @ @ @ @ @ @ the election process , and unlawfully interfering with will of the voters .
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No more .
The Voting Rights Act of 1965 flatly prohibits Defendants ’ efforts to disenfranchise Black people and assault our Republic .
This is a moment that many of us hoped never to face .
But we are here , and the law is clear .
It is time to enforce it.
” The complaint alleges that the Trump Campaign has “ openly discussed their strategy of disenfranchising voters in Detroit and Wayne County.
” The complaint @ @ @ @ @ @ @ that in his press conference where he claimed what he described as “ illegitimate ballots ” that stunningly “ were all cast basically in Detroit that Biden won 80-20.
“ Giuliani asserted “ it changes the result of the election in Michigan , if you take out Wayne County.
” Yes , if you just don ’ t count the votes of black people , everything changes .
The complaint then points to the tweet where Trump endorsed this allegation specific to Detroit .
As the Complaint makes clear , the Republican Canvassers @ @ @ @ @ @ @ targeted black areas and trivial discrepancies within them with laser precision , while ignoring greater discrepancies in white areas .
In the minds of the Republicans behind these schemes it is only the black peoples ’ votes that are suspect .
The white votes are not suspect no matter what the same data suggests .
After the public outcry the Republican Canvassers quite rightly earned , they reversed course and certified the results .
However , then Trump intervened personally and the Canvassers reversed course again .
Alas , it was too late @ @ @ @ @ @ @ the certification had already gone forward .
This time this Presidential meddling in the election certification failed , but what about next time ?
The Complaint points to other activities to influence vote certifications and state lawmakers .
The Complaint is very concerned about that next time and that the State Board of Canvassers meets on Monday to certify the vote statewide .
The Complaint points out that this Board also consists of two Republicans and two Democrats .
The Complaint notes that “ the State Board of Canvassers serves a purely ministerial @ @ @ @ @ @ @ to investigate the results of an election.
” The Plaintiffs allege the Defendants are violating 52 U.S.C .
§ 10307 ( b ) of the Voting Rights Act .
The Complaint quotes this provision as stating : It then alleges that exerting pressure on state officials to not count or certify votes violates the provision “ because it involves conduct that ‘ intimidate [ s ] , threaten [ s ] , or coerce [ s ] , or attempt [ s ] to intimidate , threaten or coerce ’ people involved in @ @ @ @ @ @ @ to vote.
’ ” The complaint points out that under the Voting Rights Act voting is broadly defined as “ all action necessary to make a vote effective in any .
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election , including , but not limited to .
.
.having such ballot counted properly and included in the appropriate totals of votes cast.
” For relief the Plaintiffs ask that the court declare that the Defendants have violated the Voting Rights Act and enjoin them from continuing to do so .
If all of that seems to make more @ @ @ @ @ @ @ by Team Trump that ’ s because it does .

The Trump/Giuliani efforts to claim voting fraud have frequently focused on black voters. With Trump cheering them on, two county Republican Canvassers temporarily blocked certification of the vote results in Detroit. They did so on thin claims of a few explainable discrepancies in counts that are routine. More to the point, they were willing to ignore and certify results in white areas that had greater discrepancies. They later changed their mind, voted to certify, then changed their minds again, unsuccessfully seeking to block certification.
A lawsuit filed yesterday seeks to bring an end to such racist games in vote certification. Three black voters in Detroit and the Michigan Welfare Rights organization filed THIS LAWSUIT accusing Donald Trump individually, and his campaign, of violating the Voting Rights Act.
The lawsuit alleges that after a series of unsuccessful lawsuits Team Trump has:
“turned to a new strategy: pressure state and local officials not to certify election results in key states and then have state legislatures override the will of the voters by installing President Trump’s slate of electors. They have actively pursued this strategy, compromising the integrity of the election process, and unlawfully interfering with will of the voters . . . No more. The Voting Rights Act of 1965 flatly prohibits Defendants’ efforts to disenfranchise Black people and assault our Republic. This is a moment that many of us hoped never to face. But we are here, and the law is clear. It is time to enforce it.”
The complaint alleges that the Trump Campaign has “openly discussed their strategy of disenfranchising voters in Detroit and Wayne County.” The complaint quotes Rudy Giuliani appearing to do just that in his press conference where he claimed what he described as “illegitimate ballots” that stunningly “were all cast basically in Detroit that Biden won 80-20.“ Giuliani asserted “it changes the result of the election in Michigan, if you take out Wayne County.” Yes, if you just don’t count the votes of black people, everything changes. The complaint then points to the tweet where Trump endorsed this allegation specific to Detroit.
x Voter Fraud in Detroit is rampant, and has been for many years! — Donald J. Trump (@realDonaldTrump) November 19, 2020
As the Complaint makes clear, the Republican Canvassers who initially refused to certify the election targeted black areas and trivial discrepancies within them with laser precision, while ignoring greater discrepancies in white areas.
“one of the Republican Canvassers said she would be open to certifying the rest of Wayne County (which is predominately white) but not Detroit (which is predominately Black), even though those other areas of Wayne County had similar discrepancies and in at least one predominantly white city, Livonia, the discrepancies were more significant than those in Detroit.”
In the minds of the Republicans behind these schemes it is only the black peoples’ votes that are suspect. The white votes are not suspect no matter what the same data suggests.
After the public outcry the Republican Canvassers quite rightly earned, they reversed course and certified the results. However, then Trump intervened personally and the Canvassers reversed course again.
“Following the meeting of the Wayne County Board, President Trump then personally called both Republican canvassers. [cite omitted] After speaking with President Trump, the two canvassers provided affidavits to the Trump Campaign in a suit that it had filed in the Western District of Michigan. In those affidavits, the canvassers stated that, despite their votes to certify, they are opposed to certifying the Wayne County results.”
Alas, it was too late for the reversed votes to work, the certification had already gone forward. This time this Presidential meddling in the election certification failed, but what about next time? The Complaint points to other activities to influence vote certifications and state lawmakers.
The Complaint is very concerned about that next time and that the State Board of Canvassers meets on Monday to certify the vote statewide. The Complaint points out that this Board also consists of two Republicans and two Democrats. The Complaint notes that “the State Board of Canvassers serves a purely ministerial function” with “no independent authority to investigate the results of an election.”
The Plaintiffs allege the Defendants are violating 52 U.S.C. § 10307(b) of the Voting Rights Act. The Complaint quotes this provision as stating:
“No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote.”
It then alleges that exerting pressure on state officials to not count or certify votes violates the provision “because it involves conduct that ‘intimidate[s], threaten[s], or coerce[s], or attempt[s] to intimidate, threaten or coerce’ people involved in ‘aiding person to vote or attempt to vote.’” The complaint points out that under the Voting Rights Act voting is broadly defined as “all action necessary to make a vote effective in any . . . election, including, but not limited to . . .having such ballot counted properly and included in the appropriate totals of votes cast.”
For relief the Plaintiffs ask that the court declare that the Defendants have violated the Voting Rights Act and enjoin them from continuing to do so.
If all of that seems to make more sense to you than the drivel filed by Team Trump that’s because it does.


dailykos--2020-11-22--Team Trump Tries to Disavow Sidney Powell

What I am about to tell you is true .
It may sound too bizarre to be true , but it is true .
She really is claiming this .
According to ace Trump attorney Sidney Powell , Georgia Republican Governor Brian Kemp , and his Republican Secretary of State ( both strong Trump supporters ) , are in a conspiracy with Hillary Clinton , Bernie Sanders , Hugo Chavez ( who has been dead for 7 years ) , China , and Venezuela to rig the election through Dominion voting machines used in numerous states , to include some @ @ @ @ @ @ @ was even too crazy for the likes of Rudy Giuliani and the rest of Team Trump , who dyed when he heard it .
Today they issued a statement attempting to suggest they never heard of this crazy lady .
Co-Crazy Lady Jenna Ellis tweeted the official back peddle .
This is a hard sell .
Sidney Powell said that crazy stuff in a joint press conference with Rudy Giuliani and Jenna Ellis standing right there .
Watch it for yourself .
Beyond that , Ms. Ellis may want to check with her @ @ @ @ @ @ @ he clearly views Sidney Powell as an honored member of the team .
In fact , Ms. Powell gets billing just ahead of Ms. Ellis .
I look forward to Mayor Giuliani spearheading the legal effort to defend OUR RIGHT to FREE and FAIR ELECTIONS !
Rudy Giuliani , Joseph diGenova , Victoria Toensing , Sidney Powell , and Jenna Ellis , a truly great team , added to our other wonderful lawyers and representatives !
— Donald J. Trump ( @ realDonaldTrump ) November 15 , 2020 Or perhaps Ms. Ellis should @ @ @ @ @ @ @ her comparing Powell to a mythical sea monster was not meant to be complimentary .
Sometimes you can ’ t make this up .

What I am about to tell you is true. It may sound too bizarre to be true, but it is true. She really is claiming this.
According to ace Trump attorney Sidney Powell, Georgia Republican Governor Brian Kemp, and his Republican Secretary of State (both strong Trump supporters), are in a conspiracy with Hillary Clinton, Bernie Sanders, Hugo Chavez (who has been dead for 7 years), China, and Venezuela to rig the election through Dominion voting machines used in numerous states, to include some that Trump won.
Apparently this performance was even too crazy for the likes of Rudy Giuliani and the rest of Team Trump, who dyed when he heard it. Today they issued a statement attempting to suggest they never heard of this crazy lady. Co-Crazy Lady Jenna Ellis tweeted the official back peddle.


dailykos--2020-11-22--Can Giuliani hold back evidence until they get to the Supreme Court?

Since the excoriating decision by Judge Brann dismissing Trump ’ s efforts to invalidate the entire Pennsylvania vote , a growing narrative in Trump Twitter world is that the crafty foxes at the Trump legal team are deliberately holding back evidence until they get to Supreme Court .
This is generally presented as one of their many “ everybody knows ” arguments .
As in “ everybody knows you don ’ t present your evidence until you get to the Supreme Court.
” This argument often includes the suggestion that the diabolically clever Rudy Giuliani is deliberately losing in lower @ @ @ @ @ @ @ Supreme Court .
Stuff like this : Team Trump helped fuel this narrative by releasing a statement after the Pennsylvania decision claiming the blistering defeat “ helps us in our strategy to get expeditiously to the U.S. Supreme Court.
” It is not true that “ everybody knows ” you hide your evidence until getting to Supreme Court .
The truth is the exact opposite .
As a starting point , you don ’ t have to lose to get to the Supreme Court .
You can win and from that stronger position @ @ @ @ @ @ @ There is also no guarantee of even getting to the Supreme Court .
Roughly 10,000 cases are appealed to the Supreme Court annually .
The court takes , on average , about 100 .
Getting to the Supreme Court is literally a one in a hundred shot .
If your strategy is to hide your evidence until you get to the Supreme Court you will likely never present your evidence .
However , the real flaw in this notion that you can sandbag your way to the Supreme Court is that on appellate @ @ @ @ @ @ @ existing record in the case .
The point of appellate review is to determine if the lower court erred based on what it had before it .
Discovery does not occur at the Supreme Court .
Evidentiary hearings do not occur at the Supreme Court .
Witnesses being sworn in and testifying along with cross examination does not occur at the Supreme Court .
The Supreme Court considers questions of law , and does not develop or consider new facts .
Trial courts develop facts , conduct discovery and hear witness testimony .
@ @ @ @ @ @ @ if the lower courts ruled correctly based on the legal arguments and facts presented to them .
The burden is on the appealing party to preserve the record , for both facts and legal arguments , while at the lower courts so it is in the record should the case get to the Supreme Court .
When seeking certiorari at the Supreme Court Team Trump would have to present the issues as questions of law , not questions of fact .
For example , in the Pennsylvania case one of the questions of @ @ @ @ @ @ @ like , “ Did the District Court err when it found some counties curing votes and other counties not curing votes did not violate the equal protection clause of the Constitution ?
” Suppose Team Trump presents a writ of certiorari stating the issue as , “ Will new evidence appellants will present to the Supreme Court prove widespread fraud in Pennsylvania ?
” That cert would be flatly denied .
The Supreme Court can consider whether a lower court decision was consistent with the evidence presented to that court , but that @ @ @ @ @ @ @ Supreme court considering new evidence itself .
Simply put , Team Trump can not ride into the Supreme Court with a basketful of new evidence , not previously presented to the lower courts , and triumphantly declare “ with this stuff we have been hiding we win !
” Team Trump can try to convince the Supreme Court that the District Court denied them opportunity to present evidence they were by law entitled to present .
However , the remedy for that would be to remand the case back to the District Court @ @ @ @ @ @ @ be presented and to rule on the merits of it .
For the record , the real venue for Team Trump to present their enigmatic evidence was not even before the District Court .
Rather , it was through administrative appeals and challenges set up by Pennsylvania law for parties to an election to challenge results .
By not pursuing these venues , and skipping them in favor of the shortcut to Federal court , Team Trump denied themselves the opportunity to present their evidence and make it part of the record .
@ @ @ @ @ @ @ Team Trump claimed Judge Brann ’ s decision was “ censorship.
” In truth , they only censured themselves by refusing to follow the process established by state law to challenge election results .

Since the excoriating decision by Judge Brann dismissing Trump’s efforts to invalidate the entire Pennsylvania vote, a growing narrative in Trump Twitter world is that the crafty foxes at the Trump legal team are deliberately holding back evidence until they get to Supreme Court. This is generally presented as one of their many “everybody knows” arguments. As in “everybody knows you don’t present your evidence until you get to the Supreme Court.” This argument often includes the suggestion that the diabolically clever Rudy Giuliani is deliberately losing in lower court so he can appeal to the Supreme Court. Stuff like this:
x They are not trying to win in the district courts, in fact, they have to lose in order to be able to reach SCOTUS — President- elect Teri #StopTheSteal #Resist (@TLWhittlinger) November 22, 2020
Team Trump helped fuel this narrative by releasing a statement after the Pennsylvania decision claiming the blistering defeat “helps us in our strategy to get expeditiously to the U.S. Supreme Court.”
It is not true that “everybody knows” you hide your evidence until getting to Supreme Court. The truth is the exact opposite.
As a starting point, you don’t have to lose to get to the Supreme Court. You can win and from that stronger position force the other side to appeal.
There is also no guarantee of even getting to the Supreme Court. Roughly 10,000 cases are appealed to the Supreme Court annually. The court takes, on average, about 100. Getting to the Supreme Court is literally a one in a hundred shot. If your strategy is to hide your evidence until you get to the Supreme Court you will likely never present your evidence.
However, the real flaw in this notion that you can sandbag your way to the Supreme Court is that on appellate review the Supreme Court considers only the existing record in the case. The point of appellate review is to determine if the lower court erred based on what it had before it. Discovery does not occur at the Supreme Court. Evidentiary hearings do not occur at the Supreme Court. Witnesses being sworn in and testifying along with cross examination does not occur at the Supreme Court.
The Supreme Court considers questions of law, and does not develop or consider new facts. Trial courts develop facts, conduct discovery and hear witness testimony. Appellate courts review that record to determine if the lower courts ruled correctly based on the legal arguments and facts presented to them. The burden is on the appealing party to preserve the record, for both facts and legal arguments, while at the lower courts so it is in the record should the case get to the Supreme Court.
When seeking certiorari at the Supreme Court Team Trump would have to present the issues as questions of law, not questions of fact. For example, in the Pennsylvania case one of the questions of law they might present could be something like, “Did the District Court err when it found some counties curing votes and other counties not curing votes did not violate the equal protection clause of the Constitution?” Suppose Team Trump presents a writ of certiorari stating the issue as, “Will new evidence appellants will present to the Supreme Court prove widespread fraud in Pennsylvania?” That cert would be flatly denied. The Supreme Court can consider whether a lower court decision was consistent with the evidence presented to that court, but that’s obviously quite different from the Supreme court considering new evidence itself.
Simply put, Team Trump cannot ride into the Supreme Court with a basketful of new evidence, not previously presented to the lower courts, and triumphantly declare “with this stuff we have been hiding we win!” Team Trump can try to convince the Supreme Court that the District Court denied them opportunity to present evidence they were by law entitled to present. However, the remedy for that would be to remand the case back to the District Court with instructions to allow the evidence to be presented and to rule on the merits of it.
For the record, the real venue for Team Trump to present their enigmatic evidence was not even before the District Court. Rather, it was through administrative appeals and challenges set up by Pennsylvania law for parties to an election to challenge results. By not pursuing these venues, and skipping them in favor of the shortcut to Federal court, Team Trump denied themselves the opportunity to present their evidence and make it part of the record. In the statement after the decision, Team Trump claimed Judge Brann’s decision was “censorship.” In truth, they only censured themselves by refusing to follow the process established by state law to challenge election results.


dailykos--2020-11-24--Good News Roundup - November 24, 2020

Good News Roundup - November 24, 2020

Good day , Gnusies and Happy Thanksgiving week .
There ’ s plenty to be thankful for this week .
By now , most of you know that yesterday evening the GSA finally acknowledged that Joe Biden is the President-Elect , authorizing the commencement of the official transition .
I still want to include this newclip , though , because it is utterly blunt and truthful — no both sidesing here and no gussying up of the “ failure ” , “ baseless claims of fraud ” and blatant “ efforts to subvert the vote ” : Feds agree to @ @ @ @ @ @ @ , Zeke Miller , David Eggert and Colleen Long , AP News , November 23 , 2020 .
WASHINGTON ( AP ) — After weeks of fraught delay , the federal government recognized President-elect Joe Biden as the “ apparent winner ” of the Nov. 3 election on Monday and gave the green light for cooperation on a transition of power .
The move came after President Donald Trump suffered yet more legal and procedural defeats in his seemingly futile effort to overturn the election with baseless claims of fraud .
General Services @ @ @ @ @ @ @ Biden to coordinate with federal agencies ahead of his Jan. 20 inauguration after Trump ’ s efforts to subvert the vote failed across multiple battleground states .
Trump , who has still refused to concede the election — and may never — followed up with a tweet that he was directing his team to cooperate on the transition .
The president had grown increasingly frustrated with the flailing tactics of his legal team .
Murphy , explaining her decision , cited “ recent developments involving legal challenges and certifications of election results.
” @ @ @ @ @ @ @ see the bald truth in the actual headline ?
Coming right up : Also , a timely reminder that this is how the story always goes , so DO NOT PANIC : Handsome Joe ’ s transition team website is now a DOT GOV website , so stop your worrying now !
BUILD BACK BETTER DOT GOV !
← Check it out !
😍 And if you STILL can ’ t stop worrying , or if you ’ ve seen panic porn about SCOTUS eventually handing the presidency over : We know they @ @ @ @ @ @ @ ’ re going : And here is what we have to look forward to in 2021 — an administration that is competent , serious and working for the greater good .
Hopefully , if we can win the Georgia senate runoff elections , we will also have a government that is controlled by the party that will work to ensure there is competent , serious work done for the greater good .
Biden Will Nominate First Woman to Lead Intelligence , First Latino to Run Homeland Security , Michael Crowley , New York @ @ @ @ @ @ @ At an event in Wilmington , Del.
, Mr. Biden will announce plans to nominate Alejandro Mayorkas to be his secretary of the Department of Homeland Security , his transition office said , and Avril Haines to be his director of national intelligence .
He intends to name Mr. Kerry as a special presidential envoy on climate .
The transition office also confirmed reports on Sunday night that Mr. Biden will nominate Antony J. Blinken to be secretary of state and Jake Sullivan as national security adviser .
Mr. Biden will also nominate @ @ @ @ @ @ @ United Nations and restore the job to cabinet-level status , giving Ms. Thomas-Greenfield , an African-American woman , a seat on his National Security Council .
Mr. Kerry will also be given a seat on the council , although his job is not a cabinet position and does not require Senate confirmation .
The emerging team reunites a group of former senior officials from the Obama administration , most of whom worked closely together at the State Department and the White House and in several cases have close ties to Mr. Biden dating @ @ @ @ @ @ @ to foreign diplomats around the world and share a belief in the core principles of the Democratic foreign policy establishment — international cooperation , strong U.S. alliances and leadership but a wariness of foreign interventions after the wars in Iraq and Afghanistan .
This is quickly becoming a formidable team that will reestablish America ’ s role in the world .
https : //t.co/6mCLk8JObQ — Mark Hertling ( @ MarkHertling ) November 23 , 2020 John Kerry ’ s Appointment as Climate Envoy Shows the World We ’ re Back in the Game @ @ @ @ @ @ @ 23 , 2020 .
President-elect Joe Biden couldn ’ t have sent a stronger message to the world with his announcement Monday that John Kerry will be the special presidential envoy for climate .
By appointing a former secretary of state whose signature achievements included brokering a climate change accord with China and personally negotiating the Paris climate agreement , it ’ s clear the United States is back on the world stage after four years of chaotic isolationism under President Donald Trump .
In this position , Kerry will represent US interests @ @ @ @ @ @ @ of State Hillary Clinton originally envisioned the special envoy position to represent the State Department in meetings with foreign officials , but with this high-profile appointment , Biden has given the role a major boost from its original conception .
Rather than report to the secretary of state , Kerry will directly represent the president and sit on the powerful National Security Council .
Alden Meyer , an independent strategist with more than 30 years in international climate policy likened Kerry ’ s appointment as a “ super-ambassador ” position .
“ This @ @ @ @ @ @ @ the US is back when it comes to multilateral engagement and cooperation , ” Meyer says , “ and clearly a signal that climate is a geopolitical issue of the top order for the new administration.
” Biden already has plans to nominate a high-level domestic counterpart to Kerry who will be instrumental in implementing the candidate ’ s campaign promises to transition from fossil fuels at home .
And about that Georgia Runoff Here is a great diary from GNR commenter M247 on ways to help out Georgia Dems : This is @ @ @ @ @ @ @ Georgia runoffs — a ( nearly ) complete guide Go read it , share it , rec , tip and use it !
There are tons of links in there for you to follow Georgia Dems lead , donate , participate and generally act like helpful Dem neighbors !
Trump Is Blowing Up the Georgia GOP—and It Couldn ’ t Happen at a Better Time , Joan Walsh , the Nation , November 23 , 2020 .
Never underestimate the capacity of Republicans to put aside differences and “ come home ” just @ @ @ @ @ @ @ I ’ d say Donald Trump ’ s insults and demands that Georgia Republicans somehow overturn Joe Biden ’ s stunning if narrow win there—after they certified it on Friday—is inflicting genuine damage to the campaigns of GOP Senators Kelly Loeffler and David Perdue .
✄ The weekend saw wild demonstrations by Trump supporters against Governor Brian Kemp and Raffensperger—and implicitly against Perdue and Loeffler , who are increasingly perceived by hard-core Trumpists as not doing enough to aid Trump .
On Saturday in Atlanta , hundreds gathered for a “ Stop the @ @ @ @ @ @ @ a MAGA cap called Kemp and Raffensperger “ traitors ” and added , “ Any Republican who allows this to happen is complicit and we will finish you !
” ( I ’ m sure he meant electorally , though he did put on a camouflage sweatshirt adorned with an elephant , and someone in the crowd shouted , “ Death to tyrants !
” ) He added , “ We will do whatever it takes to completely destroy the Republican Party.
” On Saturday , Trump tweeted support for the rally , @ @ @ @ @ @ @ Wood , urged state Republicans to boycott the Senate runoff .
“ Want to get @ SenLoeffler & @ sendavidperdue out of their basements to demand that action must be taken to fix steal of the 11/3 GA election ?
” Wood asked on Twitter .
“ Threaten to withhold your votes & money .
Demand that they represent you.
” That wasn ’ t quite as bad as Trump attorney Sidney Powell ’ s claim that Kemp and Raffensperger had been paid off by Dominion Voting Systems Corporation , the manufacturer of @ @ @ @ @ @ @ to throw the race to Biden .
( On Sunday Trump ’ s team belatedly cut ties with the loony Powell ; no such word about Lin Wood . )
AstraZeneca vaccine can be up to 90 % effective ; COVID-19 reinfection unlikely for at least six months , Nancy Lapid , Reuters , November 23 , 2020 .
An interim analysis of late-stage trials of AstraZeneca 's COVID-19 vaccine finds it prevented 70 % of COVID-19 cases with no confirmed serious adverse effects , the company announced on Monday .
In 8,895 @ @ @ @ @ @ @ the efficacy was 62 % .
But due to a dosing error that proved to be a happy accident , among 2,741 volunteers who got a half dose followed by a full dose , efficacy rose to 90 % .
Pfizer and Moderna reported that their vaccines were about 95 % effective at preventing illness .
But AstraZeneca 's vaccine is cheaper , easier to make , and can be stored at normal refrigerator temperatures .
Investment analysts at SVB Leerink said Astra 's vaccine was unlikely to gain U.S. approval because safety @ @ @ @ @ @ @ trial design did not meet U.S. requirements for representation of high-risk groups such as the elderly and minorities .
AstraZeneca said it plans to seek approval to modify its U.S. study to get more data on the smaller initial dose .
Eventually , all three vaccines could prove comparable .
`` My suspicion is that by the time we are a year down the line , we 'll be using all three vaccines with about 90 % protection , '' said immunologist Danny Altmann of Imperial College London .
( reut.rs/2J5n4Oi ; bit.ly/33bK8C2 @ @ @ @ @ @ @ children , since the current trials are using adult participants : You probably heard about that huge , superspreader wedding in NYC .
Well , the city of New York has put some bite with the bark about that idiocy : New York City Will Fine Brooklyn Synagogue $ 15,000 for Hosting Thousands at Maskless Wedding , Blake Montgomery , Daily Beast , November 23 , 2020 .
Also , it turns out that mask mandates are GOOD for business !
Who knew ?
( All sensible people like us , that ’ @ @ @ @ @ @ @ help shoppers feel safe and spend more , Utah study shows , Tony Semerad , Salt Lake Tribune , November 23 , 2020 .
GM flips to California ’ s side in pollution fight with Trump , Tom Krisher , AP News , November 23 , 2020 .
And lo and behold !
It turns out that environmentally-friendly policies not only don ’ t hurt the stock market , they help it !
Are you all set for turkey day ?
If not , I ’ ve got you !
!
⚡It ’ @ @ @ @ @ @ @ right thing : For The Love Of God , Please Cancel Your Thanksgiving Plans , Dao Nguyen , Jonah Peretti and Jessica Probus , BussFeedNews , November 23 , 2020 .
⚡ 7 Ways Biden Can Fight Climate Change Without Any Help from Congress , Rebecca Leber , MotherJones , November 23 , 2020 .
⚡ R ’ s think they own faith ; they don ’ t : Why the GOP is so rattled by Rev .
Warnock 's faith-based Georgia Senate campaign , Guthrie Graves-Fitzsimmons , CNN Opinion , November 23 @ @ @ @ @ @ @ , but so what ?
The GOP ’ s Secretly Mad Senators Club Is Impressively Pathetic , Erin Gloria-Ryan , Daily Beast , November 23 , 2020 .
⚡ ” Venture out of your bubble , Trump supporters , and try to understand how most of America thinks.
” : Want to understand Biden voters ?
Here ’ s your reading list .
Eugene Robinson , Washington Post , November 23 , 2020 .
⚡ Unified or divided government ?
It won ’ t matter as much as you think for Biden and @ @ @ @ @ @ @ Frances E Less , Niskanen Center , November 23 , 2020 .
⚡ Details : After Ascertainment : What ’ s Next for the Biden-Harris Transition Team , Center for Presidential Transition , November 23 , 2020 .
⚡The dirty little secret pollsters need to own up to , David Hill , Washington Post , November 22 , 2020 .
⚡ Writer wrestles with covid/society : How to stay thankful when Covid fills the holidays with guilt , anger , and grief , Hayes Brown , MSNBC , November 23 , 2020 .
@ @ @ @ @ @ @ quarantining !
The 10 Best Books of 2020 , New York Times , November 23 , 2020 .
⚡ Yer Wonkette : Listen To This Very SMRT Trump Lawyer , Georgia !
Do Not Vote For The Republicans For Senate !
Rebecca Schoenkopf , Wonkette , November 23 , 2020 .
Wait , what ’ s this you say ?
No “ Helpful Links ” section this Tuesday ?
Well , allow me to direct your attention once more to that Georgia runoff section above and M247 ’ s excellent — and ( @ @ @ @ @ @ @ how we can win that election on January 5 .
It ’ s also OK to take a breath , think about all that we accomplished this fall , and celebrate it .
In spite of a pandemic , massive voter suppression , economic collapse and all sorts of other worries , both personal and public , we got out the vote and we won .
Today , Joe Biden is our President-Elect .
Kamala Harris is our Vice President-Elect .
A roster of capable , experienced and decent public servants are about @ @ @ @ @ @ @ government departments and right the ship of state .
We did this , gnusies .
Along with 80 million of our fellow sane citizens , WE DID IT !

Good day, Gnusies and Happy Thanksgiving week. There’s plenty to be thankful for this week.
By now, most of you know that yesterday evening the GSA finally acknowledged that Joe Biden is the President-Elect, authorizing the commencement of the official transition. I still want to include this newclip, though, because it is utterly blunt and truthful — no both sidesing here and no gussying up of the “failure”, “baseless claims of fraud” and blatant “efforts to subvert the vote”:
Feds agree to help Biden transition after more Trump defeats, Zeke Miller, David Eggert and Colleen Long, AP News, November 23, 2020.
WASHINGTON (AP) — After weeks of fraught delay, the federal government recognized President-elect Joe Biden as the “apparent winner” of the Nov. 3 election on Monday and gave the green light for cooperation on a transition of power. The move came after President Donald Trump suffered yet more legal and procedural defeats in his seemingly futile effort to overturn the election with baseless claims of fraud. General Services Administrator Emily Murphy cleared the way for Biden to coordinate with federal agencies ahead of his Jan. 20 inauguration after Trump’s efforts to subvert the vote failed across multiple battleground states. Trump, who has still refused to concede the election — and may never — followed up with a tweet that he was directing his team to cooperate on the transition. The president had grown increasingly frustrated with the flailing tactics of his legal team. Murphy, explaining her decision, cited “recent developments involving legal challenges and certifications of election results.”
Or maybe you’d like to see the bald truth in the actual headline? Coming right up:
Trump Stooge Finally Folds — Biden Transition Cleared, HuffPost, November 23, 2020.
Also, a timely reminder that this is how the story always goes, so DO NOT PANIC:
x Remember, in every horror movie the monster always gets back up one last time and is like RAAAAR and then someone has to beat him with a brick or put a pitchfork through his face or some shit. — Chuck Wendig (@ChuckWendig) November 24, 2020
Handsome Joe’s transition team website is now a DOT GOV website, so stop your worrying now!
BUILD BACK BETTER DOT GOV! ← Check it out! 😍
🎶 Music Time! 🎶
And if you STILL can’t stop worrying, or if you’ve seen panic porn about SCOTUS eventually handing the presidency over:
x I think it's ... extremely unlikely. — Justin Levitt (@_justinlevitt_) November 23, 2020
Heather Cox Richardson — November 22, 2020
That the only way Movement Conservatives have managed to stay in power is to game the system through gerrymandering and voter suppression, hatred, and now the intimidation of people like me says to me that even they know they are in danger of losing control of the country. As a friend of mine says, a dying mule kicks the hardest.
Backers and Enablers Abandoning the sinking Ship
Scoop: Blackstone CEO Stephen Schwarzman says Trump lost, Hans Nichols and Jonathan Swan, Axios, November 23, 2020.
It's over. That's what Blackstone chairman, CEO and co-founder Steve Schwarzman — one of President Trump's most loyal allies — and other top Republicans are signaling to the defeated president, 16 days after Joe Biden clinched the win. Why it matters: It’s all theatrics now. Even if Trump doesn't move on fast, you can. It is safe to ignore the fearful Republicans who insist the process is legit and plausible, because they tell us privately it is not. x Scoop - Blackstone CEO and top Trump ally Stephen Schwarzman says Biden won, time to move on .. most meaningful signal so far from Trump’s inner circle. @HansNichols https://t.co/OQtCKLfpAl — Jonathan Swan (@jonathanvswan) November 23, 2020
We know they’re going and they know they’re going:
Secret Service members asked about protecting soon-to-be-former president Trump full time in Florida: Sources, ABC News, November 23, 2020.
As states begin to certify election results that seal a victory for President-elect Joe Biden, even though Donald Trump hasn't conceded there is one clear sign his post-presidency life is taking shape: Secret Service agents in the president's detail are being asked whether they're interested in transferring to Palm Beach, Florida, sources have told ABC News. The Secret Service's Miami field office also has begun looking at physical reinforcements to Mar-a-Largo, the president's club to which he refers as "the winter White House," the sources added. These moves are considered unofficial as Trump has yet to concede to Biden. ✄ Renovations to living quarters expected to be occupied by Trump and first lady Melania Trump are underway, ahead of when they'll be living there full time after the Jan. 20 inauguration, sources familiar with the planning told ABC News.
x Just to recap:
No state has missed its certification deadline.
No court has come within a light-year of blocking a state from certifying.
No state legislature is actually moving toward trying to certify its own slate of electors.
Electoral College votes on Dec. 14.
Bye, Don. — Steve Vladeck (@steve_vladeck) November 23, 2020
🔜 Biden Transition
And here is what we have to look forward to in 2021 — an administration that is competent, serious and working for the greater good. Hopefully, if we can win the Georgia senate runoff elections, we will also have a government that is controlled by the party that will work to ensure there is competent, serious work done for the greater good.
Biden Will Nominate First Woman to Lead Intelligence, First Latino to Run Homeland Security, Michael Crowley, New York Times, November 23, 2020.
At an event in Wilmington, Del., Mr. Biden will announce plans to nominate Alejandro Mayorkas to be his secretary of the Department of Homeland Security, his transition office said, and Avril Haines to be his director of national intelligence. He intends to name Mr. Kerry as a special presidential envoy on climate. The transition office also confirmed reports on Sunday night that Mr. Biden will nominate Antony J. Blinken to be secretary of state and Jake Sullivan as national security adviser. Mr. Biden will also nominate Linda Thomas-Greenfield to be ambassador to the United Nations and restore the job to cabinet-level status, giving Ms. Thomas-Greenfield, an African-American woman, a seat on his National Security Council. Mr. Kerry will also be given a seat on the council, although his job is not a cabinet position and does not require Senate confirmation. The emerging team reunites a group of former senior officials from the Obama administration, most of whom worked closely together at the State Department and the White House and in several cases have close ties to Mr. Biden dating back years. They are well known to foreign diplomats around the world and share a belief in the core principles of the Democratic foreign policy establishment — international cooperation, strong U.S. alliances and leadership but a wariness of foreign interventions after the wars in Iraq and Afghanistan. x This is quickly becoming a formidable team that will reestablish America’s role in the world. https://t.co/6mCLk8JObQ — Mark Hertling (@MarkHertling) November 23, 2020
John Kerry’s Appointment as Climate Envoy Shows the World We’re Back in the Game, Rebecca Leber, MotherJones, November 23, 2020.
President-elect Joe Biden couldn’t have sent a stronger message to the world with his announcement Monday that John Kerry will be the special presidential envoy for climate. By appointing a former secretary of state whose signature achievements included brokering a climate change accord with China and personally negotiating the Paris climate agreement, it’s clear the United States is back on the world stage after four years of chaotic isolationism under President Donald Trump. In this position, Kerry will represent US interests on the international stage. Former Secretary of State Hillary Clinton originally envisioned the special envoy position to represent the State Department in meetings with foreign officials, but with this high-profile appointment, Biden has given the role a major boost from its original conception. Rather than report to the secretary of state, Kerry will directly represent the president and sit on the powerful National Security Council. Alden Meyer, an independent strategist with more than 30 years in international climate policy likened Kerry’s appointment as a “super-ambassador” position. “This is another signal to the world that the US is back when it comes to multilateral engagement and cooperation,” Meyer says, “and clearly a signal that climate is a geopolitical issue of the top order for the new administration.” Biden already has plans to nominate a high-level domestic counterpart to Kerry who will be instrumental in implementing the candidate’s campaign promises to transition from fossil fuels at home.
Imagine a Non-Grifter in Treasury!
AP source: Biden taps ex-Fed chair Yellen to lead treasury, Christopher Rugaber and Michael Balsamo, AP News, November 23, 2020.
WASHINGTON (AP) — President-elect Joe Biden has chosen former Federal Reserve Chair Janet Yellen to serve as treasury secretary, a pivotal role in which she would help shape and direct his economic policies at a perilous time, according to a person familiar with the transition plans. Yellen, who is widely admired in the financial world, would be the first woman to lead the Treasury Department in a line stretching back to Alexander Hamilton in 1789. Her nomination was confirmed to The Associated Press by a person who spoke on condition of anonymity to discuss Biden’s plans. ✄ A path-breaking figure in the male-dominated economics field, Yellen, 74, was also the first woman to serve as Fed chair, from 2014 to 2018. She later became an adviser to Biden’s presidential campaign in an unusual departure for a former Fed leader that thrust her into the political arena.
And about that Georgia Runoff
Here is a great diary from GNR commenter M247 on ways to help out Georgia Dems:
This is how we are going to win the Georgia runoffs — a (nearly) complete guide
Go read it, share it, rec, tip and use it! There are tons of links in there for you to follow Georgia Dems lead, donate, participate and generally act like helpful Dem neighbors!
Meanwhile…
Republicans in disarray, again:
Trump Is Blowing Up the Georgia GOP—and It Couldn’t Happen at a Better Time, Joan Walsh, the Nation, November 23, 2020.
Never underestimate the capacity of Republicans to put aside differences and “come home” just before an election, but right now I’d say Donald Trump’s insults and demands that Georgia Republicans somehow overturn Joe Biden’s stunning if narrow win there—after they certified it on Friday—is inflicting genuine damage to the campaigns of GOP Senators Kelly Loeffler and David Perdue. ✄ The weekend saw wild demonstrations by Trump supporters against Governor Brian Kemp and Raffensperger—and implicitly against Perdue and Loeffler, who are increasingly perceived by hard-core Trumpists as not doing enough to aid Trump. On Saturday in Atlanta, hundreds gathered for a “Stop the Steal” rally where a man in a MAGA cap called Kemp and Raffensperger “traitors” and added, “Any Republican who allows this to happen is complicit and we will finish you!” (I’m sure he meant electorally, though he did put on a camouflage sweatshirt adorned with an elephant, and someone in the crowd shouted, “Death to tyrants!”) He added, “We will do whatever it takes to completely destroy the Republican Party.” On Saturday, Trump tweeted support for the rally, while his Georgia attorney, L. Lin Wood, urged state Republicans to boycott the Senate runoff. “Want to get @SenLoeffler & @sendavidperdue out of their basements to demand that action must be taken to fix steal of the 11/3 GA election?” Wood asked on Twitter. “Threaten to withhold your votes & money. Demand that they represent you.” That wasn’t quite as bad as Trump attorney Sidney Powell’s claim that Kemp and Raffensperger had been paid off by Dominion Voting Systems Corporation, the manufacturer of the state’s voting machines, to throw the race to Biden. (On Sunday Trump’s team belatedly cut ties with the loony Powell; no such word about Lin Wood.)
🎶 Musical Break 🎶
💉 Good Public Health News 💉
AstraZeneca vaccine can be up to 90% effective; COVID-19 reinfection unlikely for at least six months, Nancy Lapid, Reuters, November 23, 2020.
An interim analysis of late-stage trials of AstraZeneca's COVID-19 vaccine finds it prevented 70% of COVID-19 cases with no confirmed serious adverse effects, the company announced on Monday. In 8,895 participants who got two full doses, the efficacy was 62%. But due to a dosing error that proved to be a happy accident, among 2,741 volunteers who got a half dose followed by a full dose, efficacy rose to 90%. Pfizer and Moderna reported that their vaccines were about 95% effective at preventing illness. But AstraZeneca's vaccine is cheaper, easier to make, and can be stored at normal refrigerator temperatures. Investment analysts at SVB Leerink said Astra's vaccine was unlikely to gain U.S. approval because safety data so far are inadequate and the trial design did not meet U.S. requirements for representation of high-risk groups such as the elderly and minorities. AstraZeneca said it plans to seek approval to modify its U.S. study to get more data on the smaller initial dose. Eventually, all three vaccines could prove comparable. "My suspicion is that by the time we are a year down the line, we'll be using all three vaccines with about 90% protection," said immunologist Danny Altmann of Imperial College London. (reut.rs/2J5n4Oi; bit.ly/33bK8C2)
If you’re concerned about children, since the current trials are using adult participants:
x We’ll soon advance towards “step down” studies to adolescents and if those go well show no safety flares or signals, younger kids https://t.co/uTSkK2qoy9 — Prof Peter Hotez MD PhD (@PeterHotez) November 24, 2020
You probably heard about that huge, superspreader wedding in NYC. Well, the city of New York has put some bite with the bark about that idiocy:
New York City Will Fine Brooklyn Synagogue $15,000 for Hosting Thousands at Maskless Wedding, Blake Montgomery, Daily Beast, November 23, 2020.
New York City Mayor Bill de Blasio announced Monday that the city would fine a Brooklyn ultra-Orthodox synagogue $15,000 for a maskless wedding that drew a crowd of thousands in defiance of COVID-19 restrictions. The Yetev Lev temple in Williamsburg planned and hosted the Nov. 8 wedding of the head rabbi’s grandson in complete secrecy. News of the event broke over the weekend when the New York Post published footage of thousands of men in traditional black hats singing and dancing shoulder-to-shoulder without face coverings. New York City’s coronavirus regulations prohibit large indoor gatherings. De Blasio said, “There is going to be a summons for $15,000 immediately for that site. And there could be additional consequences quite soon, as well. That’s just not acceptable.” The city is in the midst of an alarming surge of coronavirus cases, much like the United States at large. The announcement of the fine comes the same day as New York Gov. Andrew Cuomo and the state’s health officer attempted to quash a similar massive wedding in Kiryas Joel, an ultra-Orthodox community in upstate New York.
Also, it turns out that mask mandates are GOOD for business! Who knew? (All sensible people like us, that’s who):
Statewide mask mandates help shoppers feel safe and spend more, Utah study shows, Tony Semerad, Salt Lake Tribune, November 23, 2020.
Mandatory mask-wearing is proven to lower the incidence of COVID-19 infections, save lives and boost commercial activity, a new Utah study says. Researchers with the University of Utah’s David Eccles School of Business examined thousands of state and county mask orders across the country and found that coronavirus cases fell after mask requirements were put in place. The study, by researchers at the school’s Marriner S. Eccles Institute for Economics and Quantitative Analysis, also indicates that low case counts and mask mandates significantly raised consumer confidence, upping the amount people spend and the number of places these shoppers visit.
🌱 Environmental News🌱
GM flips to California’s side in pollution fight with Trump, Tom Krisher, AP News, November 23, 2020.
DETROIT (AP) — General Motors is switching sides in the legal fight against California’s right to set its own clean-air standards, abandoning the Trump administration as the president’s term nears its close. CEO Mary Barra said in a letter Monday to environmental groups that GM will no longer support the Trump administration in its defense against a lawsuit over its efforts against California’s standards. And GM is urging other automakers to do the same. ✄ In her letter, Barra wrote that the company agrees with Biden’s plan to expand electric vehicle use. Last week, GM said it is testing a new battery chemistry that will bring down electric vehicle costs to those of gas-powered vehicles within five years.
And lo and behold! It turns out that environmentally-friendly policies not only don’t hurt the stock market, they help it!
The news, coupled with GM announcing it was recalling 7 million vehicles and avoiding a drawn-out legal fight, helped to push the automaker’s shares up 4% Monday to close at $44.77. Earlier in the day, the stock hit $45.16, its highest level in more than two years. x NEW: Pres.-elect Biden calls GM's decision to no longer support the Trump administration in efforts to end California’s right to set its clean-air standards "encouraging news for our economy, our planet, and the long-term success of American autoworkers." https://t.co/AWqLEnztum pic.twitter.com/cIYzLREjLH — ABC News Politics (@ABCPolitics) November 23, 2020
🍁🍂 Happy Thanksgiving Week! 🍂🍁
Are you all set for turkey day? If not, I’ve got you!!
Turkey:
SIde Dishes:
and Pumpkin Pie!:
⚡ Lightning Roundup ⚡
⚡It’s not too late to do the right thing: For The Love Of God, Please Cancel Your Thanksgiving Plans, Dao Nguyen, Jonah Peretti and Jessica Probus, BussFeedNews, November 23, 2020.
⚡ Catchy title, substantive article): Pay Americans to Wear Masks, Joshua Barocas and Gregg Gonsalves, SLate, November 23, 2020.
⚡ 7 Ways Biden Can Fight Climate Change Without Any Help from Congress, Rebecca Leber, MotherJones, November 23, 2020.
⚡ R’s think they own faith; they don’t: Why the GOP is so rattled by Rev. Warnock's faith-based Georgia Senate campaign, Guthrie Graves-Fitzsimmons, CNN Opinion, November 23, 2020.
⚡ Bernstein named names, but so what? The GOP’s Secretly Mad Senators Club Is Impressively Pathetic, Erin Gloria-Ryan, Daily Beast, November 23, 2020.
⚡”Venture out of your bubble, Trump supporters, and try to understand how most of America thinks.”: Want to understand Biden voters? Here’s your reading list. Eugene Robinson, Washington Post, November 23, 2020.
⚡ Unified or divided government? It won’t matter as much as you think for Biden and the Democrats, James M Curry, Frances E Less, Niskanen Center, November 23, 2020.
⚡ Details: After Ascertainment: What’s Next for the Biden-Harris Transition Team, Center for Presidential Transition, November 23, 2020.
⚡ Heather Cox Richardson recaps November 23, 2020.
⚡The dirty little secret pollsters need to own up to, David Hill, Washington Post, November 22, 2020.
⚡ Writer wrestles with covid/society: How to stay thankful when Covid fills the holidays with guilt, anger, and grief, Hayes Brown, MSNBC, November 23, 2020.
⚡ Catch up on your reading while quarantining! The 10 Best Books of 2020, New York Times, November 23, 2020.
⚡ Yer Wonkette: Listen To This Very SMRT Trump Lawyer, Georgia! Do Not Vote For The Republicans For Senate! Rebecca Schoenkopf, Wonkette, November 23, 2020.
💙 RoundUp WIndDown 💙
Wait, what’s this you say? No “Helpful Links” section this Tuesday? Well, allow me to direct your attention once more to that Georgia runoff section above and M247’s excellent — and (nearly) complete! — guide to how we can win that election on January 5.
It’s also OK to take a breath, think about all that we accomplished this fall, and celebrate it. In spite of a pandemic, massive voter suppression, economic collapse and all sorts of other worries, both personal and public, we got out the vote and we won. Today, Joe Biden is our President-Elect. Kamala Harris is our Vice President-Elect. A roster of capable, experienced and decent public servants are about to take over the helms of our government departments and right the ship of state. We did this, gnusies. Along with 80 million of our fellow sane citizens,
WE DID IT!