Nel's New Day

November 13, 2018

Lawyers Winners of Elections, Other Lawsuits

The real winners of the midterm elections and the first 662 days of Dictator Donald Trump (DDT) in the Oval Office are the lawyers. Nowhere has this been more obvious in the past week than in the South where Georgia and Florida Republican officials—candidates for offices—are screaming “fraud” and charging off to the courts.

During a campaign rally a few days before the 2016 presidential election, Dictator Donald Trump (DDT) said, “I will totally accept the results of this great and historic presidential election—if I win.” He won and accepted the electoral vote although not the popular vote—which he lost. Now he’s losing in at least three states and refusing to accept the midterm election races.

As Florida Gov. Rick Scott’s lead over his opponent Sen. Bill Nelson (D) dwindles, Scott, also the U.S. Senate candidate, has been joined by Rudy Giuliani and Sen. Marco Rubio (R-FL) to echo DDT’s cry of voter fraud despite disagreement from the state secretary of state, a Scott-appointed Republican. Scott didn’t object to GOP counties breaking his own emergency order when predominantly GOP Bay County, hit hard by a recent hurricane, allowed voters to illegally cast ballots by email.

Scott filed at least five lawsuits trying to defeat Nelson, including not counting all ballots received after Election Day which disenfranchises all overseas voters including veterans. Florida voters are now suing him for illegally abusing his position as governor to win his race for U.S. senator by stopping the counting of legal votes. Despite Scott’s lawsuits, Florida has started a machine recount of the vote and may have a manual vote if the difference in that election drops below 0.25 percent. Scott is ahead by about 12,000 votes in 8 million plus ballots before all have been counted; Florida’s gubernatorial candidate Andrew Gillum is behind GOP Ron DeSantis by about 40,000 votes.

In Georgia, former Secretary of State Brian Kemp, who resigned when he falsely declared himself governor-elect, has lost a lawsuit to block ballots. In this election of almost four million voters, his Democratic opponent, Stacy Abrams, is behind by about 58,000 votes, but a judge has ruled that provisional ballots must be counted because Kemp, in charge of elections, has not maintained voter information security, increasing the risk that his purge of over 700,000 names on the registered rolls was illegally “manipulated or mismanaged.” The court orders mandated publicity about a website for provisional ballot voters to find information about whether their provisional ballots had been counted and why. The judge stated that the ballots were rejected “through no fault of their own.”

Under Kemp, Georgia voter updates by people getting or renewing state driver’s licenses never moved into the state’s voter database, and they didn’t know that Georgia had illegally failed to register them to vote. State law mandates that provisional ballots are counted only if names are on the voter registration list where they may have been removed because of Kemp’s actions. The Help Americans Vote Act (HAVA) requires the provisional ballots be counted if voters are eligible to vote.

Another judge ordered Georgia to count 5,000 ballots rejected because voters didn’t complete date of birth when signing mail-in ballot envelopes and ordered the state’s vote counting to continue until Friday instead of ending today. As of Sunday, Abrams needed 19,000 more votes to trigger a recount and 21,000 more to force a December runoff. The almost 22,000 provisional ballots plus over 2,000 ballots coming from overseas and military brings the total of uncounted ballots to nearly 29,000.

The November 27 run-off for U.S. Senate pits Mississippi candidates Sen. Cindy Hyde-Smith (R) against Mike Espy, behind by 8,000 votes, for the final two years of a senate term because neither candidates garnered 50 percent of the vote. At a campaign rally four days before the midterm elections, Hyde-Smith responded to a man who praised her, “If he invited me to a public hanging, I’d be on the front row.” Mississippi recorded at least 581 lynchings of black people, about 12 percent of the 4,743 between 1882 and 1968 and the most of any state in the country. DDT-supporter Hyde-Smith repeatedly refused to answer questions by saying that she had issued a statement calling the remark an “exaggerated expression of regard.”

DDT already lost the U.S. Senate position in Arizona that went to the Democrat Krysten Sinema. Opponent Martha McSally was gracious in her concession, perhaps because she expects to be appointed to former Sen. John McCain’s position if Jon Kyle leaves in January.

A sour-grapes failed GOP candidate for the Arizona legislature is suing her winning opponent, U.S.-born Latina Raquel Terán, accusing her of not being a U.S. citizen. Alice Novoa already sued Terán in 2012 for the same (non)offense, and the case was dismissed because her attorney provided the birth certificate. Novoa avoided $650 in court fees with her claim that she doesn’t work and has no income.

Nonelection lawsuits:

Maryland opened to door to lawsuits involving DDT’s unlawful appointment of Matthew Whitaker as acting AG for Jeff Sessions replacement. Brian Frosh, Maryland AG, asked a federal judge to remove Whitaker from that position because the appointment is unconstitutional. This request is part of the state’s ongoing lawsuit to force DDT to retain a key provision of the Affordable are Act, including protections for people with pre-exiting conditions. Maryland AG Brian Frosh declared that any action Whitaker takes regarding the ACA for the federal government would be invalid because he cannot legally serve as acting AG and asks for an immediate injunction. In 2014, Whitaker maintained that the U.S. Supreme Court’s upholding the ACA was one of the worse rulings in its entire history.

DDT believes that he is protected in Whitaker’s appointment by the 1998 Federal Vacancies Reform Act, stating that a president may temporarily fill a vacancy for a position requiring Senate confirmation with any senior official who has been in the department for at least 90 days. Another statute makes the deputy attorney general next in line at the DOJ. The lawsuit maintains that a more specific law takes precedence over a more general law. The AG also argues that DDT should have less flexibility in replacing the AG because a president under investigation could install a “carefully selected senior employee who he was confident would terminate or otherwise severely limit” the inquiry. Whitaker is justifying his position with an 1898 Supreme Court Case supporting the appointment of the acting U.S. consult in the country that is now Thailand when no one else was available after the Senate-confirmed consult was sick. The argument against this case is that the AG office did not become vacant through an unexpected emergency and several Senate-confirmed DOJ officials are available.

Sen. Dianne Feinstein (D-CA) has also called for hearings to address “serious questions” about his appointment because of Whitaker’s outspoken opposition to the Robert Mueller investigation.

In a First Amendment lawsuit, CNN is suing the White House for stripping Jim Acosta’s of his press credentials. Acosta was targeted after false accusations of “laying hands” on a press intern. The accurate video shows her stepping into his space to grab his microphone and his saying, “Pardon me, ma’am.” Also included in the suit are tops aides John Kelly, Sarah Sanders, Bill Shine, the head of the Secret Service, and the officer who took Acosta’s pass. After a complaint was filed, the White House claimed that Acosta lost his credentials because he refused to give up his microphone.

The DOJ has also asked the U.S. Supreme Court to stop lawsuits in three courts of appeal—the 2nd, the 9th, and the D.C.—to block President Obama’s DACA program where these courts allow the program to continue.

DDT’s administration is also facing a lawsuit accusing Secretary of Education Betsy DeVos and a top deputy of sexism in determining their policy decisions. Filed in January, the lawsuit argues against DeVos’ prevention of Title IX guidance on handling campus sexual assault cases; the current filing adds that her decision was impacted by discriminatory and stereotyped views of women, based on evidence obtained through the Freedom of Information Act. These records show that the Department of Education obtained input from sources pushing inflated and widely discredited statistics about false rape allegations. Another source came from Candice Jackson, who provided a book  Unwanted Advances: Sexual Paranoia Comes to Campus (Laura Kipnis), that falsely described the Title IX guidance permitting women to seek legal recourse for “awkward sexual experiences” and then ask for protection from “sexual bogeymen.” Jackson also received information from Gordon Finley, part of the National Coalition for Men, who referred to the former Title IX guidance as a “war on men,” and she falsely maintained that 90 percent of sexual assault accusations come from misunderstandings or drunken regrets. Other sources provided prejudicial information to the department’s leaders about claims regarding sexual assault. DDT’s statements and behavior toward women also figure into the lawsuit’s amendment on sexism.

Two weeks ago, DeVos lost her court battle after she tried to end regulations helping defrauded students receive federal loan forgiveness and keep colleges from mandating arbitration for complaint resolution instead of going to court. President Obama’s consumer protections are now in effect.

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