Another Trump-Appointed Judge Rejects Another of the President’s Meritless Post-Election Lawsuits

Democratic and Republican AGs Push Back on Indicted TX AG Ken Paxton Lawsuit
DAGA Co-Chairs called for Ken Paxton to resign in October.
Ken Paxton is indicted on securities fraud and currently awaits trial.
Ken Paxton is under investigation by the Federal Bureau of Investigation (FBI).
Ken Paxton fired seven senior staffers who whisleblew on his potentially illegal behavior earlier this year.
Ken Paxton served as the Chair of the Republican AG Association and currently serves as Co-Chair of Lawyers for Trump.
Related:
With election lawsuit, Ken Paxton — like Donald Trump — makes a Hail Mary play
If it succeeds, the lawsuit would radically alter the high court’s standard for hearing cases directly from states, critics and many legal experts say, and set a dangerous precedent that judges have the power to alter election results. “Dangerous garbage, but garbage,” said elections law expert Rick Hasen.
Texas doesn’t have standing to raise these claims as it has no say over how other states choose electors; it could raise these issues in other cases and does not need to go straight to the Supreme Court; it waited too late to sue; the remedy Texas suggests of disenfranchising tens of millions of voters after the fact is unconstitutional; there’s no reason to believe the voting conducted in any of the states was done unconstitutionally; it’s too late for the Supreme Court to grant a remedy even if the claims were meritorious (they are not).
Richard Hasen, University of California Law Professor
Legal experts quickly push back on Texas AG’s attempt to overturn election
Under federal law, election disputes are supposed to be resolved by six days before the Electoral College meets, a deadline known as safe harbor, which is today. The electors officially cast their ballots for president on Monday.
Related:
With case pending in state court, Wisconsin is only state to miss election safe-harbor deadline
Paxton, who is under a federal bribery investigation, alleges Wisconsin “exploited” the coronavirus pandemic to ignore election rules, which affected the outcome of the Nov. 3 election.
“Think of the irony. We have a Texas Attorney General who is being investigated by the FBI for various improprieties … and he teams up with President Trump to try to take away the votes of the people of Wisconsin,” Gov. Tony Evers told reporters on Tuesday. “It’s irony but it’s not funny irony. It’s extraordinarily sad.”
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