This includes Alan Dershowitz - all for filing frivolous election fraud lawsuits. Lawsuits need to be based on some factual information not just an urban myth.
"....Judge Tuchi ruled that the plaintiffs lacked standing to sue because her claims were “too speculative to establish an injury in fact.” And, even if the plaintiffs did have standing, the judge ruled that the 11th Amendment barred their claims because the core of the dispute arose under state law, not federal law, and therefore did not belong in federal court.
“Because the Constitution charges states with administering elections, Plaintiffs’ claims can only stem from an argument that Defendants are violating state law by using what Plaintiffs allege are insecure or inaccurate voting systems,” the judge wrote in August.
With the lawsuit dismissed, the judge addressed a request for sanctions on Thursdsay, Dec. 1. In a 30-page order, he wrote as follows:
“Here, while there are reasons to believe that Plaintiffs themselves contributed to the violations of Rule 11(b)(3) in this case — including that they themselves apparently have voted on paper ballots, contradicting allegations and representations in their pleadings about Arizona’s use of paper ballots — there is not a sufficient record that compels the Court to exercise its discretion to sanction Plaintiffs under that part of the rule,” the judge wrote — leaving the plaintiffs’ attorneys themselves on the hook for the defendants’ fees.
While the judge generally suggested that the plaintiffs had connected themselves with a less than admirable piece of litigation, he was careful not to bash them repeatedly or entirely. For instance, the judge declined to agree with the government officials that the plaintiffs brought the case “for an improper purpose” — namely when it became “politically profitable” to do so “to further their political campaigns” among voters who believed the 2020 election was “stolen” from Donald Trump.
Despite that finding, the judge did criticize the general trend toward using the federal courts to attempt to settle grievances over allegedly “stolen” elections.
“The Court shares the concerns expressed by other federal courts about misuse of the judicial system to baselessly cast doubt on the electoral process in a manner that is conspicuously consistent with the plaintiffs’ political ends,” he noted.
As support for that premise, the judge cited a spate of Trump-related election lawsuits connected to the 2020 presidential contest, including Trump’s thus-far-failed racketeering lawsuit against Hillary Clinton and a bevy of other real or perceived political foes.
The judge agreed to award “the Maricopa County Defendants’ reasonable attorneys’ fees” as a sanction, but the precise calculation of those fees remains an outstanding question. It will be settled, the judge ruled, through future paperwork submissions that are due no later than 14 days from Thursday’s order.
The lawsuit, Judge Tuchi concluded, “forced Defendants and their counsel to spend time and resources defending this frivolous lawsuit rather than preparing for the elections over which Plaintiffs’ claims baselessly kicked up a cloud of dust.”
“Plaintiffs’ counsel are therefore held jointly and severally liable for the Maricopa County Defendants’ attorneys’ fees reasonably incurred in this case,” he said — meaning everyone is on the hook.
The judge concluded with this missive about the case:
Dershowitz did not immediately respond to a Law&Crime email seeking comment.
The order granting sanctions is here.
The post Judge Sanctions Kari Lake’s Legal Team, Which Includes Alan Dershowitz, for ‘Recklessly’ Filing ‘False, Misleading, and Unsupported’ Claims in Election Lawsuit first appeared on Law & Crime."
Judge Sanctions Kari Lake’s Legal Team, Which Includes Alan Dershowitz, for ‘Recklessly’ Filing ‘False, Misleading, and Unsupported’ Claims in Election Lawsuit
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"....Judge Tuchi ruled that the plaintiffs lacked standing to sue because her claims were “too speculative to establish an injury in fact.” And, even if the plaintiffs did have standing, the judge ruled that the 11th Amendment barred their claims because the core of the dispute arose under state law, not federal law, and therefore did not belong in federal court.
“Because the Constitution charges states with administering elections, Plaintiffs’ claims can only stem from an argument that Defendants are violating state law by using what Plaintiffs allege are insecure or inaccurate voting systems,” the judge wrote in August.
With the lawsuit dismissed, the judge addressed a request for sanctions on Thursdsay, Dec. 1. In a 30-page order, he wrote as follows:
Judge Tuchi wrote that only the attorneys — not the plaintiffs themselves — would be sanctioned, though he noted that the plaintiffs acted “far” from “appropriately” in the matter.
“Here, while there are reasons to believe that Plaintiffs themselves contributed to the violations of Rule 11(b)(3) in this case — including that they themselves apparently have voted on paper ballots, contradicting allegations and representations in their pleadings about Arizona’s use of paper ballots — there is not a sufficient record that compels the Court to exercise its discretion to sanction Plaintiffs under that part of the rule,” the judge wrote — leaving the plaintiffs’ attorneys themselves on the hook for the defendants’ fees.
While the judge generally suggested that the plaintiffs had connected themselves with a less than admirable piece of litigation, he was careful not to bash them repeatedly or entirely. For instance, the judge declined to agree with the government officials that the plaintiffs brought the case “for an improper purpose” — namely when it became “politically profitable” to do so “to further their political campaigns” among voters who believed the 2020 election was “stolen” from Donald Trump.
Despite that finding, the judge did criticize the general trend toward using the federal courts to attempt to settle grievances over allegedly “stolen” elections.
“The Court shares the concerns expressed by other federal courts about misuse of the judicial system to baselessly cast doubt on the electoral process in a manner that is conspicuously consistent with the plaintiffs’ political ends,” he noted.
As support for that premise, the judge cited a spate of Trump-related election lawsuits connected to the 2020 presidential contest, including Trump’s thus-far-failed racketeering lawsuit against Hillary Clinton and a bevy of other real or perceived political foes.
The judge agreed to award “the Maricopa County Defendants’ reasonable attorneys’ fees” as a sanction, but the precise calculation of those fees remains an outstanding question. It will be settled, the judge ruled, through future paperwork submissions that are due no later than 14 days from Thursday’s order.
The lawsuit, Judge Tuchi concluded, “forced Defendants and their counsel to spend time and resources defending this frivolous lawsuit rather than preparing for the elections over which Plaintiffs’ claims baselessly kicked up a cloud of dust.”
“Plaintiffs’ counsel are therefore held jointly and severally liable for the Maricopa County Defendants’ attorneys’ fees reasonably incurred in this case,” he said — meaning everyone is on the hook.
The judge concluded with this missive about the case:
Five members of the Maricopa County Board of Supervisors requested the sanctions; Hobbs — who has been declared the winner of the 2022 Arizona governor’s race against Lake — was not among those awarded sanctions on Thursday.
Dershowitz did not immediately respond to a Law&Crime email seeking comment.
The order granting sanctions is here.
The post Judge Sanctions Kari Lake’s Legal Team, Which Includes Alan Dershowitz, for ‘Recklessly’ Filing ‘False, Misleading, and Unsupported’ Claims in Election Lawsuit first appeared on Law & Crime."
