A team of lawyers, relying on conspiracies and misinformation to argue that President Donald Trump did indeed win the Michigan election, filed a legal long shot on Friday in hopes the US Supreme Court will take their case will be taken up before the electoral college votes on Monday.
Local and national legal experts told the Free Press Saturday that the court would not take up the motion, but said the efforts of Sidney Powell and her team continue to undermine the will of Michigan voters and trust in the electoral system.
“I don’t think they stand a chance of success. I think they have no chance of success,” Michigan Attorney General Dana Nessel said in a phone interview on Saturday, adding that her team was recently aware of the filing been made.
“If the Supreme Court were to handle any of these cases, I would say that this case was one of the worst filings I’ve seen. I don’t really respect all of the filings that came out of it, but this one was particularly egregious.”
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Late Friday, Powell and her team filed a petition with the U.S. Supreme Court asking him to include a case that had previously been filed in federal court in Detroit. The Free Press received a copy of the submission on Saturday.
The request came around the same time the court rejected a request from Texas Attorney General Ken Paxton to hear a case in which he argued that the results should be overturned in Michigan and other swing states.
There is no indication that the Supreme Court will entertain the filing over the weekend. Gregory Rohl, a Michigan attorney who works with Powell, said Saturday, “Given the timing parameters, this was the only viable option.”
On December 7, US District Court judge Linda Parker denied the Powell team’s motion to force Governor Gretchen Whitmer to dismiss the state’s election results, saying it was less about victory than “them.” Effects of their allegations on the people’s faith “in the democratic process and their trust in our government. “President-elect Joe Biden got 154,000 more votes than Trump in Michigan.
While Powell’s team has asked the U.S. Circuit 6 Court of Appeals to review Parker’s decision, the motion filed on Friday calls for the Supreme Court to intervene before the Court of Appeals has a chance to take the case.
It is highly unusual for the Supreme Court to agree to ignore traditional legal channels and take up a case that has not been heard by an appeals court.
Rick Hasen, an electoral law expert and professor at the University of California-Irvine, called it an “extremely rare maneuver”.
“It won’t happen for a crack pot lawsuit,” Hasen said in an email on Saturday.
Although Powell’s team acknowledges in its filing that it would be a rare move, they argue that the court must act to prevent Biden from winning the electoral college election on Monday.
“The questions raised are weighty as they question who is the legitimate winner of the 2020 presidential election. These exceptional circumstances justify the exercise of the discretion of the Court,” the file reads in part.
Powell and her team later remark, “Once the votes are cast, there would be no point in relieving them later.”
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Powell filed this original lawsuit in federal court in Detroit, arguing – among many other allegations without evidence – that an international conspiracy involving nefarious actors in China and Iran infiltrated the electoral systems in Michigan and other states to ensure that Trump lost the election. At no point has Powell or anyone else presented credible evidence of widespread electoral fraud. The filing contained allegations of fraud in Edison County – there is no Edison County, Michigan or any other state.
Although Powell previously appeared at press conferences with Rudy Giuliani and other lawyers who partnered with Trump’s electoral efforts, the campaign has since sought to distance itself from their work.
David Fink, an attorney representing the city of Detroit, agreed that the request to the Supreme Court would fail.
“Apparently they think in their eagerness to advance their delusions that the court rules and laws do not apply to them,” said Fink in a telephone interview on Saturday.
“It’s time for all of these Republican lawyers to accept the will of the people.”
Michigan’s 16 electoral council representatives will meet in the Senate Chamber on Monday. They will cast their votes for Biden, who received over 270 electoral votes to win the presidency. He will take office on January 20th.
Contact Dave Boucher at [email protected] or 313-938-4591. Follow him on Twitter @ Dave_Boucher1.