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Crime Lin Wood Loses Again as Federal Appeals Court Savages Georgia Election Lawsuit

19:40  05 december  2020
19:40  05 december  2020 Source:   lawandcrime.com

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The seats of two Georgia Supreme Court justices, Charlie Bethel and Sarah Warren, were up for nonpartisan election on June 9, 2020. Both incumbents won reelection. Two other seats were also expected to be up for nonpartisan election

New lawsuit in georgia has been filed🚨. The expert analysis of government data showing that the total number of illegal votes counted and legal Systematic failures by state and local election officials to adhere to the procedures outlined in Georgia ’s election code were encouraged and

L. Lin Wood wearing a suit and tie in front of a television © Provided by Law & Crime

Attorney L. Lin Wood

Celebrity attorney L. Lin Wood lost another round in federal court on Saturday as a panel of judges affirmed a prior rejection of his efforts to overturn the 2020 election results in his home state of Georgia.

In late November, a district judge appointed by President Donald Trump rejected the right-wing lawyer’s bid for a temporary restraining order that would have halted vote certification in the Peach State.

Saturday’s 20-page ruling by the U.S. Court of Appeals for the 11th Circuit affirms that lower court’s prior order.

“After Wood moved for emergency relief, the district court denied his motion,” the opinion by George W. Bush-appointed Chief Circuit Judge William Pryor explains. “We agree with the district court that Wood lacks standing to sue because he fails to allege a particularized injury. And because Georgia has already certified its election results and its slate of presidential electors, Wood’s requests for emergency relief are moot to the extent they concern the 2020 election. The Constitution makes clear that federal courts are courts of limited jurisdiction; we may not entertain post-election contests about garden-variety issues of vote counting and misconduct that may properly be filed in state courts.”

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lawsuit in Georgia state court seeking to invalidate the presidential election results there - the latest in a series of legal challenges intended to reverse his loss to President- elect Joe Biden. The Trump camp has filed a slew of lawsuits across the United States in a flailing bid to turn his defeat in the Nov.

On Monday, Georgia Secretary of State Brad Raffensperger said disinformation alleging election fraud was exploitative and "being spread by dishonest In it, lawyers for Trump argue that a federal court should refer the election results to the state legislature, because of issues they take with election

Wood’s novel lawsuit was premised on the idea that he had standing as an individual voter to allege that Georgia Secretary of State Brad Raffensperger (R) caused him irreparable harm by agreeing to a settlement agreement regarding signature matching on mail-in ballots in March. Eight months and several election cycles later, including the one in which Joe Biden narrowly but decisively defeated the incumbent president, Wood decided to sue. But Wood’s lawsuit was simultaneously, too little, too late, and too much for the federal courts to stomach.

“His undue delay prejudiced the Secretary of State and certainly prejudiced the millions of voters in this election,” Trump-appointed U.S. District Judge Steven Grimberg declared at the time. “To halt the certification at literally the 11th hour would breed confusion and disenfranchisement that I find have no basis in fact and law.”

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Georgia elections officials wanted the suit to be dismissed, but a judge is allowing it to move forward. It is unclear if the Georgia lawsuit will be victorious when it lands in court , as Hasen explained, some of the suit ’s claims will require proving intentional racial discrimination, a charge that

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Undeterred, Wood appealed, though it was fairly obvious that his effort was not likely to fare much better.

Just before Thanksgiving, the 11th Circuit quizzed the lawyer about whether the court even had jurisdiction to hear the case. A series of queries concerning precedent strongly suggested the appeals court was skeptical that Wood’s complaints rose to the constitutional requirement that judges hear actual “cases” and “controversies.”

And in the end, those questions presaged the outcome here.

“When someone sues in federal court, he bears the burden of proving that his suit falls within our jurisdiction,” Pryor’s discussion notes. “Wood had the choice to sue in state or federal court. Georgia law makes clear that post-election litigation may proceed in a state court. But Wood chose to sue in federal court. In doing so, he had to prove that his suit presents a justiciable controversy under Article III of the Constitution. He failed to satisfy this burden.”

Trump needs to disavow Sidney Powell and Lin Wood publicly

  Trump needs to disavow Sidney Powell and Lin Wood publicly It has become nearly impossible to determine which political party lawyers Sidney Powell and Lin Wood are working for. © Provided by Washington Examiner Powell and Wood claim to be “fighting” for President Trump and the GOP by … filing absurd lawsuits alleging a massive international voter fraud conspiracy for which there is no evidence. Not only is this conspiracy theory ridiculous, it’s destructive. Any real case the Trump campaign might have with regard to voter fraud has now been tainted by Powell’s “Kraken.

It came after similar failed court bids in Georgia , Michigan and Arizona to prevent states from certifying their vote totals. The status of that lawsuit was unclear on Sunday night. Powell, a former federal prosecutor Since then, a federal judge has rejected her claims of prosecutorial misconduct and has

Georgia has gotten national attention in recent days not only for its tight election results in the presidential race, but also for its two Senate races, both of which could be headed toward runoff elections in January since no one reached the 50 percent threshold in votes, a requirement in the state.

The opinion continues and explains exactly why Wood’s long-shot lawsuit was never going anywhere in the first place:

Wood lacks standing because he fails to allege the “first and foremost of standing’s three elements”: an injury in fact. An injury in fact is “an invasion of a legally protected interest that is both concrete and particularized and actual or imminent, not conjectural or hypothetical.” Wood’s injury is not particularized.

Wood asserts only a generalized grievance. A particularized injury is one that “affect[s] the plaintiff in a personal and individual way.” For example, if Wood were a political candidate harmed by the recount, he would satisfy this requirement because he could assert a personal, distinct injury. But Wood bases his standing on his interest in “ensur[ing that] . . . only lawful ballots are counted.” An injury to the right “to require that the government be administered according to the law” is a generalized grievance. And the Supreme Court has made clear that a generalized grievance, “no matter how sincere,” cannot support standing.

Regardless of the standing and jurisdictional issues, the court also noted that Wood’s complaint is now moot because Georgia certified its election results on November 20th.

“Because Georgia has already certified its results, Wood’s requests to delay certification and commence a new recount are moot,” Judge Pryor explained. “And it is not possible for us to delay certification nor meaningful to order a new recount when the results are already final and certified.”

Law&Crime reached out to Wood for comment and clarification; however, no response was forthcoming at the time of publication.

[image via screengrab/Fox News]

Donald Trump stood no chance in front of a conservative Supreme Court. Here's why. .
Ex-judge: "No one should be surprised that the justices, like the Trump-appointed lower court judges in all these elected cases, followed the law."That means the three justices who owe their seats on the nation's highest bench to Trump, as well as others nominated by Republican presidents, profess adherence to the Constitution and the precise text of federal statutes. They don't just make stuff up.

usr: 0
This is interesting!