King v. Whitmer
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
support Plaintiffs' legal contentions directly or
even by extension. Yet counsel's citation to
Throckmorton is enlightening in that it reflects, as
the City puts it, “that this suit has been driven by
partisan political posturing, entirely disconnected
from the law” and “is the dangerous product of an
online feedback loop, with these attorneys citing
‘legal precedent' derived not from a serious
analysis of case law, but from the rantings of
conspiracy theorists sharing amateur analysis and
legal fantasy in their social media echo chambers.”
(ECF No. 164 at Pg ID 6143.)
results34. The fact that no federal district court
considering the issues at bar has found them
worthy of moving forward supports the conclusion
that Plaintiffs' claims are frivolous.
33 Op. & Order, Costantino, No. 20-014780-
AW (Wayne Cnty. Cir. Ct. filed Nov. 13,
2020); Donald J. Trump for President, Inc.
v. Sec'y of State, Nos. 355378, 355397,
2020 Mich. LEXIS' 2131 (Mich. Ct. App.
Dec. 11, 2020), appeal denied 951 N.W.2d
353 (Mich. 2020).
34 See 12/7/20 Tr., Pearson v. Kemp, No.
31 (See ECF No. 164-8 at Pg ID 2 (listing
1:20-cv-04809 (N.D.Ga. filed Dec. 8,
Twitter posts that state, among other things,
2020), ECF No. 79 at ¶ 41-44; Wood v.
that (i) “[A]ny fraud located . . . constitutes
Raffensperger,
nullification of the presidential contest.
(N.D.Ga. 2020), aff'd 981 F.3d 1307 (11th
This means, Trump wins by default
Cir. 2020); Feehan v. Wis. Elections Comm
because of the vote switching by Dominion
'n, 506 F.Supp.3d 596 (E.D. Wis. 2020);
Machines. Look up Throckmorton 1878.”;
Bowyer v. Ducey, 506 F.Supp.3d 699 (D.
(ii) “[F]raud will DISQUALIFY Biden
Ariz. 2020).
501
F.Supp.3d
1310
completely and mean that Trump will be
the winner of all 50 states .... There can be
no
other
outcome.
‘Fraud
vitiates
everything' US v. Throckmorton ....”; (iii)
“[F]raud vitities everything. Meaning one
state commits voter fraud they all go down!
So DJTrump wins the 2020 election.”; and
(iv) “Fraud vitiates everything it touches.
[THROCKMORTON]
....
Thus
the
Biden/Harris ‘swearing in' is negated,
quashed annulled, invalidated, revoked and
abrogated.”).)
32 Of course, the Supreme Court did not hold
in
Throckmorton
that
“fraud
vitiates
everything”; rather, it merely quoted this
phrase from a treatise and then held that, in
fact, fraud did not justify overturning a
federal district court's 20-year-old decree.
98 U.S. at 65, 68.
It is not lost upon the Court that the same claims
and requested relief that Plaintiffs' attorneys
presented here were disposed of, for many of the
same reasons, in Michigan courts33 and by judges
b) Counsel's contention that acts or events
violated Michigan election law (when the acts
and events, even if they occurred, did not)
Plaintiffs alleged that certain acts or events
violated the Michigan Election Code when, in
fact, they did not.
To support the allegation that Defendants violated
Michigan election laws by accepting “unsecured
ballots . . . without any chain of custody, ”35 the
Amended Complaint states that Whitney Meyers
“observed passengers in cars dropping off more
ballots than there were people in the car.”36 But
when the Court asked Plaintiffs' counsel whether
individuals other than the voter can drop off a
ballot in Michigan, Campbell answered in the
affirmative. (ECF No. 157 at Pg ID 5486.) And of
course, anyone easily could have learned this by
consulting Michigan law. See Mich. Comp. Laws
§ 168.764a (explaining at Step 5(c) that a
household member or family member (as defined
by Michigan law) may return a voter's absentee
in several other “battleground” jurisdictions where
Plaintiffs' counsel sought to overturn the election
24
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