By Robert Willmann
Censored by the mass media minions of the wannabe totalitarian central state is an actual election contest filed in Georgia state court about the two races in the 2020 general election for the U.S. Senate seats held at that time by Republicans David Perdue and Kelly Loeffler. A very important pretrial hearing is set for Monday, 19 July 2021, in the Henry County Superior Court, starting at 10:00 a.m. eastern time. Originally filed in Fulton County, Georgia (Atlanta) on 25 January 2021, the lawsuit was assigned on 5 May 2021 to a judge outside of that county because it is an election case—
Among the pretrial requests to be heard are the usual motions to dismiss the lawsuit by the various defendants, which include Jonathan Ossoff and Raphael Warnock, who were sworn in as “U.S. Senators” [sic] after the senatorial runoff election on 5 January 2021.
As an election contest, the case can seek to nullify the election for the U.S. Senate. Needless to say, this has attracted the attention of outsiders, namely, the Washington D.C. law firm of Perkins & Coie, which has been the lead in election maneuvering from the point of view of the Democratic Party before and after the 2020 election. Predictably, they want to participate in this lawsuit, and have filed a request to be admitted to practice in that Georgia state court for this particular case for one or more defendants. But Michael Daugherty, bringing the case as the plaintiff, is objecting to any participation by Perkins & Coie. One thing is that Perkins & Coie was sanctioned by the federal 5th Circuit Court of Appeals earlier this year for trying to sneak around the pleading rules in an appeal of a preliminary injunction against the State of Texas about straight-ticket voting. Six of their lawyers were sanctioned in March 2021, but then, after a request for reconsideration, three of the younger lawyers were let off the hook in June. However, the sanctions remained for three attorneys, including the somewhat notorious Marc Elias—
The court clerk’s file is in Fulton County, and you have to pay for most documents. Their electronic document retrieval system is malfunctioning at this time when an attempt is made to pay and obtain them. Some hearings from the Henry County court are broadcast on the Internet, but it is not known if this one will be shown at the website address–
If Perkins & Coie is representing you odds are there won’t be any layovers in purgatory.
Mr. Willmann, if you have some thoughts on the way Rudy Giuliani has been treated by the law enforcement and legal systems,
I would be really interested in reading what they are.
Or have you discussed that elsewhere?
Keith H.,
I was recently thinking about the situation involving Rudy Giuliani, Sidney Powell, and Lin Wood, and the reprehensible, intentional targeting of them, which was done because they had some favorable television and radio appearances, and had developed something of a following. The legal system is being used for that nefarious purpose, as well as the licensing and grievance system for regulating lawyers.
In many years of participating in and observing the court and legal system, I have not seen nor heard of anything even approaching the attacks against the three experienced lawyers by other lawyers, courts, and media.
There has not been a peep out of the American Bar Association. There are other law-oriented trade associations of personal injury lawyers, criminal lawyers, and so forth, as well as associations of lawyers grouping themselves by race. But not the slightest whisper out of any of them. And of course nothing out of Congress, into which is stuffed 175 members with law degrees.
https://www.americanbar.org/content/dam/aba/administrative/government_affairs_office/117-congress-jds.pdf
There is nothing legitimate in the ongoing assaults in and out of the courts on Giuliani, Powell, and Wood.
What a f***ing mess.
But then, government in action.
People will point to the private sector as being equally screwed up, but there IS some accountability and people DO get fired.
I know, I’ve fired a few (very few, thankfully).
Most government agencies are apparently dominated by mediocrities, usually lazy mediocrities, so massive incompetence is their signature.
Think DMV X 10,000.
Thank you for your post Mr Willmann. I shall follow this case, as far as possible, with interest. Perkins & Coie are the Dems’ lawfare big guns and the attempt at their deployment in this battle was inevitable, I guess.
I would like to rather cheekily pose an unrelated question to you concerning the merging of government and big business interests that has been the subject of a number of recent posts. In the aftermath of the 2010 Citizens United v. FEC SCOTUS judgement, a law professor famously complained that “Money isn’t speech and corporations aren’t people”. Today we have a situation in which corporate (and oligarchic) money can buy almost unlimited political influence, albeit indirectly. Simultaneously, censorship of free speech by the few private corporations who dominate electronic interpersonal communication is legally protected thanks to s230. It seems to me that the creeping recognition of corporations as “people”, in the Constitutional sense, has played a big part in getting us to this point. A contemporary Gettysburg Address may as well use the former term.
My question: Where, in your opinion (in the legal sphere) did we lose our way? I recognize that a comprehensive answer is well beyond the scope of a blog comment.
Barbara Ann,
That subject is extensive and could be discussed in articles (plural). The very real problems we have today with the standard of living, cost of living, politics, social relations, finances, oligopoly, and so forth, began in the early 1980’s. Some of the worst changes in federal law came during the two Bill Clinton administrations. There were some harmful legal changes during the Ronald Reagan administrations in antitrust and criminal law.
A case is at the federal Second Circuit Court of Appeals (New York, Vermont, and Connecticut) that might have something to do with the section 230 immunity for computer software and Internet companies that I am going to try to look at.
Turtles hold up the lamp posts, shining light on the US Supreme Court Building. Now we know why.
The only thing I see is an order for a court appearance. Even if all of the motions to dismiss fail, it does not mean that Dougherty will be successful in actual court appearances litigating them. A filing and a court appearance does not give an allegation credibility. I did not see anything other than the one paragraph letter setting a court date.
How is Michael Dougherty different from Rudi Giuliani and Sidney Powell, is he the competent one?
Robert, in another post I wrote that one or two Georgia Senate seats were lost due to fraud.
Thank you for the post, I had lost track of it due work.