(C) Daily Kos This story was originally published by Daily Kos and is unaltered. . . . . . . . . . . Some Court Action Elaboration [1] ['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.'] Date: 2023-12-21 A Rare Diary and some pretty good Rudy and TFG Schadenfreude Porn from The Man, IANAL law and politics junky who doesn’t write a lot of diaries. So you might want to check it out. Just to be abundantly clear about a couple of things concerning Rudy and TFG….. TFG is ineligible to take office; HENCE he is removed from the CO ballot There’s a big difference between being removed from the ballot and being ineligible to take office. TFG has been determined ineligible to take office, in much the same way as if someone attempted to run for an office with a residency requirement s/he doesn’t meet or a 25 year old attempting to run for president. This is a routine task for secretaries of state nationwide. The MAGAs can write him in all they want. He’s no more eligible to take office than a 25 year old. So they might as well write in Kyle Rittenhouse. According to the Great State of Colorado that is. This ruling is NOT about access to the ballot. It’s about meeting the qualifications to take office. Pretty big difference, huh? If TFG is smart he won’t appeal IMHO, I’m not seeing this POV much, so here goes. He’s gonna lose CO if he’s the nominee anyway. He lost it by 9 in 20 and wouldn’t even campaign there. If he doesn’t appeal, it directly affects no other state, other than being “persuasive” law (as opposed to controlling law or precedent). A plaintiff in MN could properly raise it and a judge in MN can consider it, but s/he doesn’t have to. It’s not controlling law or precedent in that state. Of course, as we’ve seen, he’s not smart, listens to no one, and he might have already applied for cert while I’m writing this. If he takes it to SCOTUS and loses? Go directly to jail, do not pass go, do not collect $200 billion from all the POTUS grift. His campaign is over. He’s not qualified to take office no matter how many ballots he appears on or how many votes he receives. In this case, so would say not the measly CO Supreme Court, but the SCOTUS of the Whole Freakin’ Land, which means it’s What’s Happening for Certain. This is not about access to the ballot. It’s about qualifying for the office. Could we all vote for Kyle Rittenhouse for POTUS? Yes. Could a bunch of red states place him on the ballot? Yes. Could he win the electoral college? Yes. Could he take office if elected? No. He’s not at least 35 years old. If TFG loses in SCOTUS he could win by eleventy billion votes and a few mules. But he can’t take office. Whoever got eleventy billion minus 1 takes office. In short, he has nothing to gain by appealing this decision and everything to lose. If I were an attorney representing TFG, I wouldn’t blithely dismiss Judge Luttig’s opinion that SCOTUS will rule with CO. He is, after all, a conservative Federalist Society former Circuit Court Judge who knows all the conservative justices personally and probably socially (even if just at Federalist Society Monthly Book Burnings). I mean, this guy actually clerked for Scalia. Just sayin…. Now for a musical transition and Public Service Announcement to the Former Mayor of NYC or America or Whatever x YouTube Video There will be NO Appeal and No Delays. Pay up Rudy! We mean NOW! (Oh, and STFU Already!) First, you should read Dartagnan’s excellent coverage of Judge Beryl Howell curb stomping all hope from Rudy’s remaining years in open court. All the major bases are covered here and you owe it to yourself to read the whole thing, but I think we need to further examine the sharpest dagger Judge Howell just plunged into Rudy’s skull. Judge Howell is pretty sure Rudy will be required to post an appeal bond of $148 million BEFORE he can appeal anything. Which means there will be no appeal unless someone’s willing to part with $148 extra large that’s almost 100% certain to be lost. Keep in mind he offered no evidence in his defense and can’t introduce anything new in an appeal. There will be no appeal in this case. The Plaintiffs have already filed for an injunction that pretty much says STFU Already Rudy! Judge Howell will almost certainly grant it summarily. When Rudy breaks it, he will findf himself in contempt and facing up to 18 months federal….which means 18 months for reals. In the stripey hole. Does Judge Howell sound like she’s going to be charitable with poor destitute Rudy? No. She’s not. And 18 months is about how long it’ll take until he gets sentenced in GA, which could help to solve his impending housing problem, because…. This is an intentional tort for which bankruptcy specifically offers no remedy (kinda like student loans!!). So Chapter 13 (he undoubtedly does not qualify for Chapter 7) might help discharge some attorney fees—which is never a good idea when facing 5 years minimum in GA—but it will do nothing for him here. Sure, he may be able to hide some assets, but eventually, he needs to repatriate them. I’m guessing the Plaintiffs will have a very close eye on his bank accounts and also pretty sure Judge Howell is going to find a way to help them do that. Keep in mind that all foreign transactions in aggregate over the course of the year of more than $10,000 trigger a mandatory FinCen report. Failure to file those is a very very bad idea, especially if you’ve been hiding money from folks you owe for an intentional tort judgement. He’s not smart enough to move his money in a way that isn’t illegal. He’s sloppy. He’s arrogant. Thought he couldn’t lose. Thinks he’s untouchable. Got a message for you Rudy. From Judge Howell…. Let’s not forget that his attorney fees to at least attempt to avoid spending his remaining years in the custody of the GA Dept of Corrections will be way more than he can afford. He might want to look into getting a public defender. Also keep in mind Fani Willis has already made it clear there’s no sweetheart “apologize to us” deal awaiting Rudy in GA. Just hard time. So yeah. The main point here is….there will be no delays in the plaintiffs seizing Rudy’s assets, INCLUDING a nearly zero chance of delay by appeal. And Judge Howell looks psyched to help them do just that, even if it “ends” Rudy. Shoulda stopped his foolin’ around. Shoulda thought of his future! Henry Kissinger is going to have a better 24 than Rudy…..and TFG. 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