See my thread from last night.

Technically what Judge Brann did was grant the defendant's motion to dismiss.

A motion to dismiss is what a defendant brings at the start of a lawsuit to get rid of totally frivolous claims so the court doesn't have to waste time.

1/

It's usually hard to win on a motion to dismiss because courts prefer to see the evidence and decide on the merits.

To win on a motion to dismiss, the lawsuit as filed has to be so fatally defective so that there is no point having a trial or hearing.

2/


Teri Kanefield @Teri_Kanefield

For example, suppose I sue you on the claim that you are ugly and therefore you owe me $1 million dollars.

There are a few problems with that.

The main problem, in legal terms, is that I have failed to state a cause of action.

3/


Teri Kanefield @Teri_Kanefield

So you file a motion to dismiss. The judge looks at my pleadings (my complaint) and says, "Even if what she alleges is true, she is not entitled to relief."

IOW, even if it's true that you are very ugly, I am not entitled to $1 million.

So no point going to trial.

4/


Teri Kanefield @Teri_Kanefield

It's hard to win because courts liberally construe the complaints. All you have to do is allege ANYTHING that entitles you to relief, and you get to move forward.

Sometimes a complaint (the document that kicks off the lawsuit) does have an error, but one that can be fixed.

5/


Teri Kanefield @Teri_Kanefield

In that case, the judge gives you leave to file an amended complaint.

This judge said NOPE, you cannot even file an amended complaint.

That's the "dismissed with prejudice" part. The complaint was so defective he didn't allow for refiling.

That is a FireFireFire(ouch)

6/

The issue will be: Should the lower court have allowed the case to proceed, or was the lower court correct in throwing the whole thing out and refusing to allow an amended complaint.

The lawyers point to the record and argue about whether the court's ruling was justified.

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The timetable still hasn’t been confirmed, but there’s talk in the upper ranks of WarnerMedia that Zucker is expected to leave CNN in the first quarter of 2021, according to someone familiar with the matter. It wouldn’t happen before the inauguration, sources said, and one person close to Zucker cautioned that nothing’s a done deal and “a final decision has not been made.” Zucker has more than a year left on his current contract, I can confirm. He last re-signed late in the spring of 2018, as I reported at the time, in a deal that locked him in through the election. (CNN declined to comment.)

Zucker’s departure would bring the curtain down on an exhilarating eight-year run that not only revived the network but turned CNN into one of the central characters in the Trump saga. Zucker and the outgoing president have a long history dating back to their time together at NBC, where Zucker famously greenlit The Apprentice. Zucker and CNN drew criticism for lavishing Trump with outsize attention during his 2016 campaign, but as the chaos of the Trump White House took hold, CNN became one of the administration’s most aggressive chroniclers, putting the network in the crosshairs of the MAGA faithful. Trump was seen as meddling in AT&T’s acquisition of CNN’s parent company, now called WarnerMedia, and while the network gave a platform to various administration loyalists, it also came to be seen as Trumpworld’s Enemy of the People No. 1. At the same time, the Trump news cycle has been a veritable gold rush for CNN, giving the network a huge ratings boost and elevating many of its anchors, correspondents, and contributors to new heights of prominence. During the week of November 3, CNN’s viewership topped the cable and broadcast news networks for election coverage.

A lot of that air may begin to leak out of the balloon once the anticipated normalcy of the Biden White House sets in, which would make this a reasonable time for Zucker to take a bow. But if the sunset of the 45th presidency has anything to do with his expected departure, so too may the internal machinations of WarnerMedia. There’s reportedly been friction between Zucker and Jason Kilar, who was named CEO of WarnerMedia in April. As the Journal reported, and my sources confirmed, Zucker was blindsided by a recent restructuring in which he lost oversight of CNN’s financial, human resources, and communications departments. Sources told me Zucker was given less than a day’s notice about the change before it took effect. (Kilar, meanwhile, has tamped down rumors that CNN might be hitting the sale block.)

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If you haven't been following the thread, Judge Gloria Sturman is indicating that she's ruling against Sharron Angle/Election Integrity Project in lawsuit asking for new election/blocking certification of election results

Hansen says that the Election Integrity Project sent 2 letters to @NVSOS, but SOS did nothing and wrote back "we have better information than you have."

Virginia has certified its 2020 election results:

Biden 2,413,568 (54.1%)
Trump 1,962,430 (44.0%)

That's a 4.8 point margin swing against Trump vs. 2016 and a 12.0% increase in votes cast. https://cookpolitical.com/2020-national-popular-vote-tracker

Every court in Michigan history has ruled that the board of canvassers does not have that authority. Their role is largely ministerial . That precedent should be honored by state law. Beyond that state and federal law are clear on who decides the electors.



PapaPear (Proud Liberal #TheRising)
@Scr0dman

Does the MI SOS have authority to certify if the board of canvassers doesn’t?

Or can the Gov remove members of the board?

All counties have certified. This is nuts




Senator Curtis Hertel
@CurtisHertelJr

No but the states courts have always ruled the role is ministerial and will instruct them to certify.

#BidenHarris are only 30,000 votes away from a 6 million vote lead in the popular vote!

https://nytimes.com/interactive/2020/11/03/us/elections/results-president.html