[conspire] A personal best for the crazy (the route to Jan. 20th)

Deirdre Saoirse Moen deirdre at deirdre.net
Mon Dec 7 09:34:48 PST 2020


> On Dec 5, 2020, at 07:00, Nick Moffitt <nick at zork.net> wrote:
> 
> There is a confusing mix of blind dogma, inexperience with federal court procedures, and outright foolishness driving this mess.

I have filed in federal court (after reading all the rules very carefully several times) as a pro se. They’re not *that* hard. Sure, some of the procedures are different in important ways, but one of the things federal courts are used to is pro se criminal litigants and their (very) necessary pleadings that may well, be, uh, lacking.

One of the quirks is that federal courts often have different procedures court-to-court, and each judge usually has a list of their own requirements.

Federal courts tend to have patience with minor procedural glitches (that often happen because lawyers do not typically practice *only* in federal court, or only in *that* federal court or even *only* in that state) that state courts don’t. They also try to figure out the writer’s intent, which is one reason why my friend (a former 9th Circuit and US Supreme Court clerk) is so amazing at reading between the lines of what people are trying to say.

But the Pepper “do you even law?” (she didn’t literally say that) ruling level of annoyance is…uncommon, but so are the poor quality of pleadings/motions in these cases. That four-page ruling:

https://www.courtlistener.com/recap/gov.uscourts.wied.92717/gov.uscourts.wied.92717.7.0_1.pdf <https://www.courtlistener.com/recap/gov.uscourts.wied.92717/gov.uscourts.wied.92717.7.0_1.pdf>


In one case they even said the voting machines flipped the votes from Biden to Trump: https://electionlawblog.org/?p=119289 <https://electionlawblog.org/?p=119289> …which would mean no standing.

Deirdre
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