When Courts Refuse to Intervene in Election Disputes…

You could see the turmoil on U.S. Senate Majority Leader Mitch McConnell, R-KY, face as he criticized fellow Republicans.

He said he could not support overruling the Congressional count of state Presidential electors at Wednesday’s Joint Committee of Congress because “If we overrule them, it would damage our republic forever.”

He said he couldn’t justify such damage when “dozens of lawsuits received hearings in courtrooms across our country. But over and over, the courts rejected these claims.”

Courts played a central role in creating the election crisis and exacerbated it by refusing to get involved.

Despite McConnell’s hesitancy, some 100 GOP members of the U.S. House of Representatives and a half dozen dozen members of the U.S. Senate stepped up to oppose certification of the electors in a handful of swing states.

Among other things, they cited new election rules approved by partisan courts shortly before (or even during) the election. They said these judicially sanctioned rules set new election dates and procedures that invited fraud and chaos. They alleged the judicially-sanctioned rules violate the U.S. Constitution, which assigns exclusively to state legislatures the responsibility for elections.

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Federal Judge’s Threat May Chill Future Election Lawsuits

Many big law firms dropped their representation of President Donald Trump and Trump advocates in the face of blatant intimidation after the election.

Now, it seems federal judges are getting into the act.

U.S. District Judge James E. Boasberg of the District of Columbia this week threatened sanctions against a prominent attorney representing Republican voters and legislators in a lawsuit filed on Dec. 22 that raises a U.S. Constitutional challenge to the election results in the swing states of Pennsylvania, Michigan, Wisconsin, Georgia and Arizona.

Judge Boasberg , who was appointed to the court in 2011 by Democratic President Barack Obama, on Monday rejected the plaintiffs’ request for a preliminary injunction to prevent the U.S. Congress from counting the electoral votes in the defendant states.

The plaintiffs’ claim the U.S. Constitution gives state legislatures the non-delegable power to conduct post-election certification of votes and electors. They argue state and local officials usurped this authority by blocking legislators requests for special legislative sessions to review voter fraud allegations in Pennsylvania, Michigan, Wisconsin, Georgia and Arizona.

Citing one of America’s founders, Alexander Hamilton, the plaintiffs argued the “wholesale delegation of legislative authority” to state officials “operates contrary to the Constitution by inviting ‘cabal, intrigue and corruption’ rather than operating to prevent the same.”

Warning Shot

The 116-page lawsuit alleges Facebook CEO Mark Zuckerberg’s gave $400 million to local and state executives through a private charity “that dictated how the recipient local government officials would manage the election.” Urban election officials used the money to promote the Democratic vote while deterring Republican oversight, the lawsuit alleges.

The lawsuit complains that GOP efforts to address alleged election improprieties have been met with intimidation. They note, for example, that Michigan Attorney General Dana Nessel, a Democrat, announced she is criminally investigating GOP legislators who voiced election concerns.

Judge Boasberg was anything but sympathetic…

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