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Why the Texas case is nonsense
Posted on: December 11, 2020 at 09:54:42 CT
*M* KC
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In order to state a valid claim in court you need four things:
1. The case must state a valid, plausible legal claim.
2. The case must be filed on a timely basis
3. The case must be supported by admissible evidence, and
4. It must seek legally permissible relief
While I have not studied the 150+ page filing in detail, the Texas case probably meets none of these requirements. In the interest of time, I'll address the easiest one, number 1.
Standing to sue is the first fundamental element that courts review in assessing the validity of a case. The claim is not valid because the State of Texas has suffered no legal harm and therefore does not have standing to challenge election procedures in another state.
Furthermore, the claim is implausible on its face. It alleges, in essence, that because Trump led by the margins he did in all four states at 3:00 am, it is statistically impossible for Biden to have come from behind and won in all four. This is ridiculous on its face. The reason Trump ultimately lost when he was leading earlier in the evening is simple. Large, heavily-Democratic counties were slower to count their votes, and they didn’t report their totals until later. In fact, this was widely predicted before the election, and referred to as "the red mirage."
Moreover, one reason some jurisdictions didn’t report until later is that Republican legislatures prohibited them from counting hundreds of thousands of heavily Democratic mail-in ballots before election day. The delay was a product of political choices, not corruption. Therefore, for both these reasons, the case does not present a valid, plausible legal claim.
Take out a mortgage on your house and bet it all. This case is a lead pipe cinch. There are lots of reasons why The Texas AG's number one assistant wouldn't allow his name to be put on it. The Supreme Court will toss it out in a big hurry.
Edited by *M* at 09:56:39 on 12/11/20
1. The case must state a valid, plausible legal claim.
2. The case must be filed on a timely basis
3. The case must be supported by admissible evidence, and
4. It must seek legally permissible relief
While I have not studied the 150+ page filing in detail, the Texas case probably meets none of these requirements. In the interest of time, I'll address the easiest one, number 1.
Standing to sue is the first fundamental element that courts review in assessing the validity of a case. The claim is not valid because the State of Texas has suffered no legal harm and therefore does not have standing to challenge election procedures in another state.
Furthermore, the claim is implausible on its face. It alleges, in essence, that because Trump led by the margins he did in all four states at 3:00 am, it is statistically impossible for Biden to have come from behind and won in all four. This is ridiculous on its face. The reason Trump ultimately lost when he was leading earlier in the evening is simple. Large, heavily-Democratic counties were slower to count their votes, and they didn’t report their totals until later. In fact, this was widely predicted before the election, and referred to as "the red mirage."
Moreover, one reason some jurisdictions didn’t report until later is that Republican legislatures prohibited them from counting hundreds of thousands of heavily Democratic mail-in ballots before election day. The delay was a product of political choices, not corruption. Therefore, for both these reasons, the case does not present a valid, plausible legal claim.
Take out a mortgage on your house and bet it all. This case is a lead pipe cinch. There are lots of reasons why The Texas AG's number one assistant wouldn't allow his name to be put on it. The Supreme Court will toss it out in a big hurry.
Edited by *M* at 09:56:39 on 12/11/20
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Why the Texas case is nonsense - *M* KC - 12/11 09:54:42
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