I know how we'll stop Trump -- SCOTUS OVERTURNS THE ELECTION!

[SSG Snuggle Bunny]

kpete (53,395 posts)

Petition Before SCOTUS Seeks To Nullify Election
   
Last edited Mon Feb 13, 2017, 07:50 AM - Edit history (1)

 
While the world is paying attention to theatrical battles over President Trump’s executive orders and cabinet nominees, a largely unnoticed and potentially landmark case sits before the Justices of the Supreme Court of the United States. A petition for a writ of mandamus seeking to nullify the results of the 2016 U.S. Presidential election sits on the SCOTUS docket.

A petition for a writ of mandamus is a filing imploring a Court to take mandatory action in the nature of public duty. The writ – filed Jan 18, 2017 by Diane Blumstein, Donna Soodalter-Toman, and Nancy Goodman – has been assigned docket number 16-907.

The main argument for the writ is that, per Article IV § 4 of the U.S. Constitution, it is the job of the federal government to keep U.S. territory safe from foreign invasion. The Constitution stipulates, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.” The petition cites evidence of such an invasion, namely the Russian hacking, and asks that the entire 2016 election be nullified, all the way back to the primaries, on the grounds that cyber-territory in the U.S. was invaded with the intention of altering the results of our Presidential election. The petitioners seek an entirely new election.

Per Title 28 of the U.S. Code § 1251, SCOTUS has “original jurisdiction” over cases like this due to the involvement of a foreign state. There is no remedy for the foreign cyber-invasion, they argue, other than complete nullification.

Writ_Cover_BTR.jpg
Docket Number 16-907



“I knew there was a strong legal argument for this, and we had cases prepared in several states, but we decided to consolidate all of our efforts into this one case for the sake of judicial efficiency,” said Jerroll Sanders, who wrote the petition for the writ of mandamus and served as national legal strategist for the group REVOTE. “There is a chance the election could be ruled invalid due to the mountain of evidence that we were invaded with an intent to sway our election. If we are able to argue this case, I think we can win it.”


MORE:
http://shannonfisher.com/wordpress1/wp-content/uploads/2017/02/SCOTUS-Writ-of-Mandamus.pdf
http://www.dailykos.com/story/2017/2/12/1632869/-Petition-Before-SCOTUS-Seeks-To-Nullify-Election

PoliticAverse (16,081 posts)

1. "If we are able to argue this case, I think we can win it" - don't bet the farm. n/t

bucolic_frolic (4,932 posts)

2. Cuts to the chase

It is so clear, comprehensive, simple, evident.

The drip, drip continues.

Amimnoch (2,420 posts)

3. hmm, what happens if this goes 4-4 split?

I know in normal cases the last decision stands, but if this one is appearing before the SCOTUS directly, how is a tie broken?

onenote (27,650 posts)

12. There are few things that I'd bet my life of

but I'd bet my life that this petition is summarily dismissed and that if you could poll the judges to find out where they stood, it would be 8-0 in favor of dismissing it.

SticksnStones (1,195 posts)

4. Now THIS, if it were to be heard, is the kind of remedy

Where the outcome might actually punish the guilty party. Rather than, say, replacing a corrupted republican administration with more republicans.

jmg257 (8,099 posts)

7. Can't wait to see the evidence of hacking. Should be interesting.

Yeah. We've been wanting to see it ourselves.

Calista241 (2,062 posts)

8. I suspect this is another hopeless endeavor.

Much like the 5 minute majority, put Garland on the court, strategy espoused by daily kos as well.

http://www.democraticunderground.com/10028639119



By the way, did anyone notice this in the OP...

The main argument for the writ is that, per Article IV § 4 of the U.S. Constitution, it is the job of the federal government to keep U.S. territory safe from foreign invasion. The Constitution stipulates, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.”

Remind me again which party is fighting to keep 20 million criminal foreign invaders on US soil.

[FiddyBeowulf]

The main argument for the writ is that, per Article IV § 4 of the U.S. Constitution, it is the job of the federal government to keep U.S. territory safe from foreign invasion. The Constitution stipulates, “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion.”

Remind me again which party is fighting to keep 20 million criminal foreign invaders on US soil.

If the USSC rules to overturn the election based on this, what is to stop any state from legally being able to leave the union? For that very reason the USSC will not look at this case.

[BadCat]

How long until they start asking for $$?

Any bets?

[Carl]

The rich bitch is really this stupid or is it a DUmp cred thing?

[franksolich]

The rich bitch is really this stupid or is it a DUmp cred thing?

I don't think the rich bitch needs to establish any credibility with the primitives; despite her being part of the 1% and selfish to boot, she's got it and had it for a very long time now.

I think she just likes to remind the primitives of herself once in a while.

[freedumb2003b]

Anyone can apply for a writ of mandamus to any court.

This one is DOA (actually it was dead while it was being written). 

It lacks:
1) standing
2) direct harm to the petitioners
3) proof

It was like that goofball that tried time after time to have obozo removed as president b/c he was not a citizen.  Those 3 were cited in various order over and over.

This is just a feeble as the "official" filing for impeachment some yahoo democRAT filed the other day.

And I seem to recall some long drawn-out series of legal actions by some DUmmie that kept getting thrown back in his face...?

Anyone can sue and anyone can file pretty much anything.  It is meaningless.

[Ralph Wiggum]

Any sign of Laserhaas?

[dm]

Search for: 
16-907
  Search   
1 item found for: 16-907
       
Search Results:
file type icon  Docket for 16-907
Title: In Re Diane Blumstein, et al., Petitioners v.
No. 16-907 In Re Diane Blumstein, et al., Petitioners Petition for a writ of mandamus filed. (Response due February 21, 2017) 276 Chestnut Hill Ave., Apt 11
Original No. 5 United States v. California
Joint Motion for entry of a supplemental decree, filed Nov. 17, 2014.
Case Distribution Schedule
Delivery of Documents to the Clerk's Office
On-Line MERITS BRIEFS
Special Master Reports
Special Master Reports Web Sites

[SVPete]

The rich bitch is really this stupid or is it a DUmp cred thing?

It's kpete, so the answer is,"Yes."

As best I can tell, not a word in her post is actually hers - all copy-and-paste. IOW, a typical kpete post.

[SVPete]

Could someone translate this?

Search for: 
16-907
  Search   
1 item found for: 16-907
       
Search Results:
file type icon  Docket for 16-907
Title: In Re Diane Blumstein, et al., Petitioners v.
No. 16-907 In Re Diane Blumstein, et al., Petitioners Petition for a writ of mandamus filed. (Response due February 21, 2017) 276 Chestnut Hill Ave., Apt 11
Original No. 5 United States v. California
Joint Motion for entry of a supplemental decree, filed Nov. 17, 2014.
Case Distribution Schedule
Delivery of Documents to the Clerk's Office
On-Line MERITS BRIEFS
Special Master Reports
Special Master Reports Web Sites

The part I highlighted especially? Does that mean that this supposed filing was piggybacked onto a 2 year old case? A case that may yet be in the 9th Circuit?

[Ptarmigan]

Little too late DUmmies. 

[miskie]

DUmmies

- firstly, this stands no chance of doing anything. I can't believe you have yourselves in a huff over it.

- secondly, even if it did (hint : it never did) stand a chance, Obama gave control of the internet away to ICANN. So, there isn't a 'US Cyber Territory' anymore. 

[DumbAss Tanker]

All the other legal defects aside, why would the remedy be nullification of the election as opposed to prosecution of Obama, Biden, and the entire 114th Congress?