Re:The YouTube ban is un-American, wrong, and will backfire
by dragonwriter on Friday December 11, 2020 @10:56PM
(#25395365)
> Several of the lawsuits have been dismissed on the general basis that "election laws being broken is not evidence that fraud occurred".
I do not believe that is correct. I have seen none for which that is the case.
Several have been dismissed because (1) process changes that they claimed violated election laws were well-known long before the election and, if they were illegal, had a viable remedy before the election, but the actions were not filed until after the election with no good cause for delay, and were thus barred by laches, (2) they made allegations which were incoherent in the light of the applicable election law and procedures, (3) because the remedy requested was factually impossible (e.g., cases asking for the ballot count to be halted because observers were allegedly denied access and until that access was restored that reached the court after ballot counting had completed, cases seeking delays in certification of results that has already occurred, etc.), (4) because the plaintiffs failed to present evidence of the specific allegation in the case, and (5) [what appears to be the single most common reason] because, after grabbing headlines by filing the suit, it was voluntarily withdrawn by the plaintiffs. This last seems particularly common with cases filed by Trump, though Trump-allied groups have also withdrawn a lot of suits.
I do not believe that is correct. I have seen none for which that is the case.
Several have been dismissed because (1) process changes that they claimed violated election laws were well-known long before the election and, if they were illegal, had a viable remedy before the election, but the actions were not filed until after the election with no good cause for delay, and were thus barred by laches, (2) they made allegations which were incoherent in the light of the applicable election law and procedures, (3) because the remedy requested was factually impossible (e.g., cases asking for the ballot count to be halted because observers were allegedly denied access and until that access was restored that reached the court after ballot counting had completed, cases seeking delays in certification of results that has already occurred, etc.), (4) because the plaintiffs failed to present evidence of the specific allegation in the case, and (5) [what appears to be the single most common reason] because, after grabbing headlines by filing the suit, it was voluntarily withdrawn by the plaintiffs. This last seems particularly common with cases filed by Trump, though Trump-allied groups have also withdrawn a lot of suits.
Which specific cases are you referring to?