Thursday, January 7, 2021

BREAKING: AZGOP Misled Supporters About Supreme Court Appeal Before Yesterday's Riots; Justices Reject Late Appeal (READ)

The U.S. Supreme Court Justices today REJECTED the Arizona GOP's belated appeal to try to free Vice President Mike Pence to reject Arizona's Electoral College votes. The terse rejection (at right) also revealed how the party and Chairwoman Kelli Ward have been misleading supporters (and, the nation) about their legal efforts.

The AZGOP case, filed along with Texas Rep. Louie Gohmert, was dismissed by a Trump-nominated District Court Judge and affirmed Saturday night by friendly judges on the 5th Circuit - after an 8-hour appeal.

On Sunday, AZGOP and Ward started praising Supreme Court Justice Samuel Alito, the Justice assigned to emergencies coming from the 5th Circuit. And, on Monday, Ward (and the party) announced they were sending "an emergency application for a preliminary injunction" in advance of Wednesday's counting of the Electoral College votes by Pence and Congress.

Neither part of that was entirely correct. It turned out Sidney Powell and their other attorneys did not file until yesterday (filing is below) AND that they were primarily seeking an accelerated schedule to *ask* the highest Court in the land to consider the lack of standing decision. (aka "Petition for Writ of Certiorari"). "Given the exigency of resolving the 2020 presidential election before January 20, 2021, Applicants propose an expedited schedule for the filing and resolution of a petition for a writ of certiorari. Alternatively, Applicants respectfully submit that the relief requested in this application could resolve this matter."*

Zach Henry, Communications Director for the AZGOP, tells Arizona's Law that attorney Sidney Powell and Gohmert had told them (after the video) of a "temporary request for a hold on the filing" but that it was expected to be filed later on Monday. Henry had no explanation on why it did not end up getting filed before Deadline Day.

Ward did not make any further announcements about the critical delay, leaving party members and supporters with the impression that Justice Alito had the filing under consideration up until today's rejection was released. "It was a fluid situation," was Henry's comment.

Henry declined to comment on the other two AZGOP appeals which are currently stalled in front of the U.S. Supreme Court, in addition to the languishing appeal at the 9th Circuit. (Until today, Ward may well have been holding a record for most active appeals by a non-incarcerated individual simultaneously in front of the Supreme Court.)

The other two appeals are (1) the election contest filed by Ward in state court, and (2) the Kraken case denied in Arizona's federal District Court. (The latter case also is under appeal to the 9th Circuit.) Both of those requested expedited or emergency consideration, and the latter suffered from filing issues similar to the Pence case.

Ward and the Arizona GOP have recently become national Twitter darlings among Trump supporters, boasting about the number of new followers they are gaining. 

*Of course, they may have framed it this way because they realized that they had neglected to ask the lower courts for injunctive relief, a key boo-boo.

AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcast.

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