Joe Miller Makes a Federal Case (& Fatal Mistake?) out of It in AK's U.S. Senate Contest

[BradBlog]

'Election Integrity is Vital': Joe Miller Makes a Federal Case out of It in AK's U.S. Senate Contest
Contests 'vague voter intent' determinations, reliance on Diebold op-scan tallies on Constitutional grounds
But GOP candidate's decision to drop contest of Murkowski certification could prove fatal to overall case...

"We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future," Alaska's "Tea Party"-supported, Sarah Palin-endorsed GOP candidate for the U.S. Senate, Joe Miller said in a statement today calling for "fairness and transparency" in the election process, issued after filing an amended complaint in federal court. His statement concludes with the simple sentiment: "Election integrity is vital."

Miller has decided to press on in his election contest against the state's Lt. Governor Mead Treadwell and their Division of Elections (DoE), as overseen by Treadwell, by filing a Substitute Amended Complaint for Injunctive and Declaratory Relief in U.S. District Court in Alaska today. The filing comes after resounding losses in state court and --- if the state's hand-count of write-in ballots and the Diebold optical-scanner tallies of all the other ballots are to be believed --- to Republican write-in candidate Sen. Lisa Murkowski in November's general election for the U.S. Senate. As the unofficial state count now stands, Murkowski reportedly defeated Miller (and Democratic candidate Scott McAdams) by more than 10,000 votes.

In the statement (posted in full at end of this article) Miller explains that his team has decided to forgo challenging Murkowski's official certification as the winner, allowing her to be seated in the U.S. Senate on January 5th.

But Miller's decision to drop his challenge to Murkowski's seating may prove to be a fatal blow to his case --- at least if precedent set by Republicans in Congress some years ago, ironically enough, is any indication. But more on that below.

Miller's filing now includes just three counts asserting violations of the U.S. Constitution's "Election Clause" and "Equal Protection Clause" as based on both the DoE's liberal interpretation of state law in counting write-in ballots, as well as the disparate weight the hand-count of those ballots was afforded, versus those tallied by Diebold optical-scanners in the case of "pre-printed" candidates...

FULL STORY: http://www.bradblog.com/?p=8270

[Major Hogwash]

1. And this guy used to be a judge?!

A federal judge?!
Really?

This is incredible.
How fricking dumb can he be?

The level of stupidity with Alaskan politics has just set a new low with Joe.
I thought that Sarah P Leathers was dumb, but this takes the cake!

[BradBlog]

3. Why is he "dumb"?

What is "frickin dumb" about his suit?

[Major Hogwash]

5. Are you serious?

If Miller continues his court challenge, then it is still considered a challenge to the election results, that he doesn't think Murkowski won.

Joe can't have his cake and eat it, too, at the same time.
Either he is challenging the election results, or he isn't.

[BradBlog]

11. Yes. Like a heart attack.

Sorry. Still not understanding the "dumb"ness you're referring to here.

Not trying to be obtuse -- and Miller may, or may not be "dumb" -- but I'm still missing what you find "dumb", specifically, about his lawsuit here.

[Kurovski]

2. K&R

Dear Diebold: you suck and you always will.

It would have been swell if bindle salesman Miller really went after Diebold. How could he have done that I wonder?

[Kurovski]

4. Kick. (nt)

[jotsy]

6. kicking is contagious!

Rec'd earlier.

[Swamp Rat]

7. k&r

[bleever]

8. Well, at least Bush v. Gore isn't a precedent set by the Supreme Court,

since they said it wasn't.


But here's to the long arm of the law of unintended consequences.

:thumbsup:

[no_hypocrisy]

9. If Miller drops his challenge, then what is his standing as an aggrieved plaintiff

in Federal Court?

[BradBlog]

12. If I understand what you're asking...

He's still entitled to challenge the Constitutioonal issues mentioned in the suit (as described in the full article). The only difference here, essentially, is that he's withdrawn his motion for the judge to stop the certification (and subsequent seating) of Murkowski.

That, of course, could turn out to be fatal to his case however, as I detail in the article itself, given previous precedent in similar court challenges to election results (due to prior GOP claims about Article 1, section 5 of the Constitution.)

[no_hypocrisy]

16. Judge tosses Miller lawsuit, clears way for Murkowski swearing-in

http://www.adn.com/2010/12/28/1622554/federal-judge-overturns-miller.html

U.S. District Judge Ralph Beistline issued a 14-page order this afternoon in which he said Miller wasn't raising any federal issues that he needed to resolve. He ordered Miller's entire federal case dismissed. Beistline wrote that he would not second guess the Alaska Supreme Court, which already had ruled against Miller.

[KharmaTrain]

10. And The Money Keeps Rolling...

Follow the money on this one. Here's yet another grifter whose letting his ego ride on other people's dimes. Just like how Christine O'Donnell took her 15 minutes and turned it into millions of wingnut contributions, Miller got a nice windfall as well. As long as he remains a "candidate" the money will continue to flow; especially if those writing the checks believe this guy got jobbed and will bankroll his ego-ridden "challenge". While his lose his ass in court and probably become political poison for any future office, he'll still be a "hero" to the great unhinged and try to profit from it.

[roguevalley]

13. thank you, bradblog, for doing this stuff for us. as someone

sitting here at -9 and watching the show from the frontlines, I am glad you are keeping everyone else up on this. This tool is such a joke here. These people have taken a great state, one of the most unique and intriguing and kind-hearted states and made us a laughing stock. Thank you for participating in our plight and explaining it. You are awesome.

[BradBlog]

15. Thanks, rogue and...

Stay warm up there!

May be tough to realize it right now, but in this case, Miller is actually doing you all a favor. Whether you know it (or he knows it), or not! So I'll take it! :-)

[Kurovski]

14. Kick. (nt)