这桩 Gohmert vs official capacity of VP 的官司太过奇葩，以至于我想了一想还是不把它当作选举诉讼比较好。
推荐 起座楼专门总结此次选后的选举诉讼
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理解，我也实在看着不像，所以诉的时候就没提，太奇葩了。可是看到高法一本正经的踢出来了，感觉也许这个也算是个诉讼案吧。
它本质上是要推翻1887年选举计票法，诉讼的对象是 official capacity of VP，这个离谱的脑洞亏他们想得出来。
试想这要是能成，副总统如果有权无视各州的 certified elector votes 另外指定选举人，岂不是各种意义上都乱套。
1. VP 职权主要是在参议院50-50时投出关键一票。VP 可以代表整个参院另行指定选举人吗？以惯例而言，No。
最多最多在双方都不到270票的情况下众议院一州一票。
2. 不管 VP 是否刚好是总统候选人，都有重大的利益冲突。
3. 各州的 certification process，联邦 VP 可以不经过选举诉讼裁决随便推翻吗？也不可能。
试想这要是能成，副总统如果有权无视各州的 certified elector votes 另外指定选举人，岂不是各种意义上都乱套。
1. VP 职权主要是在参议院50-50时投出关键一票。VP 可以代表整个参院另行指定选举人吗？以惯例而言，No。
最多最多在双方都不到270票的情况下众议院一州一票。
2. 不管 VP 是否刚好是总统候选人，都有重大的利益冲突。
3. 各州的 certification process，联邦 VP 可以不经过选举诉讼裁决随便推翻吗？也不可能。
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Texas judge dismisses Gohmert suit against Pence aimed at overturning election
Pence, as president of the Senate, will oversee the session Wednesday and declare the winner of the White House race.
Texas judge dismisses Gohmert suit against Pence aimed at overturning election
Pence, as president of the Senate, will oversee the session Wednesday and declare the winner of the White House race.
www.nbcnews.com
Judge rejects another Trump attempt to decertify Georgia votes
A federal judge in Georgia denied yet another attempt by President Donald Trump to decertify its presidential election results and President-elect Joe Biden's victory.
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刚刚稀泥律师撤诉了在高法的最后一个案子，彻底下课。以后就是当被告的日子了。
来源: 奔驰野马 于 2021-01-19 11:20:07
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Dominion sues Giuliani for $1.3 billion over 'Big Lie'
An election technology company that has been the focus of consistent conspiracy theories by Donald Trump and his allies has sued the former President's lawyer Rudy Giuliani for defamation after he pushed the "Big Lie" about election fraud on his podcast and TV appearances.
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1 hr 32 min ago
Department of Justice Inspector General Michael Horowitz at the US Capitol on December 18, 2019 in Washington, DC. Samuel Corum/Getty Images
Department of Justice Inspector General Michael E. Horowitz on Monday announced that the Office of the Inspector General (OIG) is initiating “an investigation into whether any former or current DOJ official engaged in an improper attempt to have DOJ seek to alter the outcome of the 2020 Presidential Election,” according to a release.
The Office of the Inspector General said they were making this statement, consistent with DOJ policy, "to reassure the public that an appropriate agency is investigating the allegations."
The probe comes on the heels of reports last week from The New York Times and The Wall Street Journal that former President Donald Trump attempted to use his Justice Department to challenge the election results, an effort that included the possibility of Trump ousting then-acting Attorney General Jeffrey Rosen.
The Times said in a report published Friday that Jeffrey Clark, a lawyer for the DOJ, nearly convinced Trump earlier this month to remove Rosen and use the department to undo Georgia's election results.
Clark — who appealed to the former President's false claims of election fraud — met with Trump earlier in January and told Rosen following the meeting that the then-President was going to replace him with Clark. Clark would then move to keep Congress from certifying the election results in Biden's favor, according to the paper.
Rosen demanded to hear the news straight from Trump, the Times said, and arranged a meeting on the evening of Jan. 3 — the same day that Trump's call with Georgia Secretary of State Brad Raffensperger, in which Trump pressured the state official to find enough votes for him to win Georgia, came to light.
Senate Majority Leader Chuck Schumer called for Horowitz to launch a probe on Saturday, writing in a tweet that it was "unconscionable a Trump Justice Department leader would conspire to subvert the people's will."
Department of Justice inspector general announces investigation into 2020 presidential election
From CNN's Jessica Schneider
Department of Justice Inspector General Michael Horowitz at the US Capitol on December 18, 2019 in Washington, DC. Samuel Corum/Getty Images
Department of Justice Inspector General Michael E. Horowitz on Monday announced that the Office of the Inspector General (OIG) is initiating “an investigation into whether any former or current DOJ official engaged in an improper attempt to have DOJ seek to alter the outcome of the 2020 Presidential Election,” according to a release.
The Office of the Inspector General said they were making this statement, consistent with DOJ policy, "to reassure the public that an appropriate agency is investigating the allegations."
The probe comes on the heels of reports last week from The New York Times and The Wall Street Journal that former President Donald Trump attempted to use his Justice Department to challenge the election results, an effort that included the possibility of Trump ousting then-acting Attorney General Jeffrey Rosen.
The Times said in a report published Friday that Jeffrey Clark, a lawyer for the DOJ, nearly convinced Trump earlier this month to remove Rosen and use the department to undo Georgia's election results.
Clark — who appealed to the former President's false claims of election fraud — met with Trump earlier in January and told Rosen following the meeting that the then-President was going to replace him with Clark. Clark would then move to keep Congress from certifying the election results in Biden's favor, according to the paper.
Rosen demanded to hear the news straight from Trump, the Times said, and arranged a meeting on the evening of Jan. 3 — the same day that Trump's call with Georgia Secretary of State Brad Raffensperger, in which Trump pressured the state official to find enough votes for him to win Georgia, came to light.
Senate Majority Leader Chuck Schumer called for Horowitz to launch a probe on Saturday, writing in a tweet that it was "unconscionable a Trump Justice Department leader would conspire to subvert the people's will."
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2 hr 4 min ago
Pete Marovich/Pool/Getty Images
With about 10 days until his second impeachment trial is set to begin, former President Donald Trump added three additional criminal defense lawyers to bring the current team to five attorneys.
Johnny Gasser and Greg Harris, two prominent South Carolina defense lawyers, have agreed to defend Trump along with Joshua Howard, a North Carolina defense lawyer.
“We’re on the team,” Harris confirmed to CNN Friday. CNN previously reported that Gasser and Harris, law firm partners, had been approached. Harris confirmed the legal team is now five attorneys but declined to comment on whether they will add additional lawyers.
Harris referred questions to Butch Bowers, the South Carolina lawyer who is spearheading the defense.
“He’s putting it together. He’s making assignments,” Harris said. “We’ve got a lot of work to do.”
Howard disclosed in a court filing that he had joined Trump’s defense, asking a judge to postpone an arraignment citing his need to be in Washington for the foreseeable future.
“Counsel for the defendant has accepted a position on the defense team handling the pending impeachment trial of former President Trump before the United States Senate. As such, counsel is obliged to spend roughly then next month in Washington, DC focused entirely and exclusively on the matter of historical and Constitutional significance,” he wrote.
Howard and Gasser could not immediately be reached for comment.
Deborah Barbier, a South Carolina litigator, joined the team earlier this week. She has worked closely on several high-profile cases with Harris and Gasser. All three are former federal prosecutors. Gasser served as the interim US attorney for South Carolina earlier in this career.
Three new lawyers added to Trump’s impeachment defense, boosting team to five
From CNN’s Kara Scannell
With about 10 days until his second impeachment trial is set to begin, former President Donald Trump added three additional criminal defense lawyers to bring the current team to five attorneys.
Johnny Gasser and Greg Harris, two prominent South Carolina defense lawyers, have agreed to defend Trump along with Joshua Howard, a North Carolina defense lawyer.
“We’re on the team,” Harris confirmed to CNN Friday. CNN previously reported that Gasser and Harris, law firm partners, had been approached. Harris confirmed the legal team is now five attorneys but declined to comment on whether they will add additional lawyers.
Harris referred questions to Butch Bowers, the South Carolina lawyer who is spearheading the defense.
“He’s putting it together. He’s making assignments,” Harris said. “We’ve got a lot of work to do.”
Howard disclosed in a court filing that he had joined Trump’s defense, asking a judge to postpone an arraignment citing his need to be in Washington for the foreseeable future.
“Counsel for the defendant has accepted a position on the defense team handling the pending impeachment trial of former President Trump before the United States Senate. As such, counsel is obliged to spend roughly then next month in Washington, DC focused entirely and exclusively on the matter of historical and Constitutional significance,” he wrote.
Howard and Gasser could not immediately be reached for comment.
Deborah Barbier, a South Carolina litigator, joined the team earlier this week. She has worked closely on several high-profile cases with Harris and Gasser. All three are former federal prosecutors. Gasser served as the interim US attorney for South Carolina earlier in this career.
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