Democrats Jon Ossoff and Raphael Warnock were sworn into the United States Senate more than one year ago, giving Democrats effective control of the 50-50 upper house since Vice President Kamala Harris has the tie-breaking vote.
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Trump-ally, attorney Lin Wood has a plan to change that, though. He is asking the United States Supreme Court to re-open a case that seeks to void the election, potentially allowing GOP Leader Mitch McConnell to take control of the Senate on a 50-48 vote.
Wood has filed a 106-page petition asking the United States Supreme Court to hear his case.
He did lose his lawsuit in district court and at the Eleventh Circuit Court of Appeals.
In addition to seeking an evidentiary hearing in district court, Wood is seeking damages and for the court to order changes to the Georgia electoral process.
“This relief will ensure that the election process is conducted in a manner consistent with the United States Constitution. Further, it would promote public confidence in the results of elections,” Wood argued.
The Delaware Supreme Court ruled Wednesday that a judge abused his discretion by tossing Wood out of a case without allowing him to respond to a show-cause order.
The Delaware Supreme Court ruled for Wood, holding that the judge in Delaware Superior Court, Craig A. Karsnitz, erred by ruling two days before a hearing on two issues: Wood’s response to a court order exhorting him to show cause why he shouldn’t be removed from the case and his request to voluntarily withdraw from the case.
Wood’s pro hac vice participation in the case was revoked by Karsnitz in a decision dated January 2021 that cited the lawyer’s conduct outside the state in election litigation. As Karsnitz put it, Wood “exhibited a toxic stew of mendacity, prevarication and surprising incompetence” during the election cases.
Karsnitz pointed out that Wood was involved in a case in Georgia that was found to be without legal or factual basis. As for the Georgia case, Karsnitz said it “was textbook frivolous litigation.” In Wisconsin, Wood was involved in a case where the pleadings were “riddled with errors,” according to Karsnitz.
Wood, however, was the plaintiff in the Georgia lawsuit, and he denied trying to mislead the court with a misleading expert affidavit, according to a Jan. 19 Delaware Supreme Court decision vacating the Karsnitz decision.
In addition, there wasn’t any evidence that the Georgia case was frivolous or abused its judicial process.
Moreover, Wood did not sign the Wisconsin pleadings, although he was listed as an “attorney to be noticed,” the Delaware Supreme Court explained.
During the hearing, Karsnitz did not articulate why the request to withdraw Wood’s pro hac vice application did not adequately address the concerns he had, according to the Delaware Supreme Court.
“Instead, without affording Wood the opportunity to appear at the hearing that was scheduled two days hence, the stated purpose of which was to hear his response to the rule to show cause, the court made factual findings adverse to Wood.”
According to the state supreme court, Karsnitz’s decision cannot be read “without concluding that the court intended to cast aspersions on Wood’s character, referring to him as ‘either mendacious or incompetent’ and determining that he was not ‘of sufficient character’ to practice in the courts of our state. We offer no opinion on the accuracy of these characterizations, but we see no evidence in the superior court’s record that supports them.”
“When, as here, the allegations of misconduct in another state have not yet been adjudicated, there is no assertion that the alleged misconduct has disrupted or adversely affected the proceedings in this state, and the lawyer agrees to withdraw his appearance and pro hac vice admission, it is an abuse of discretion to preclude the lawyer’s motion to withdraw in favor of an involuntary revocation of the lawyer’s admission,” the high court ruled.
The lawyer attempted to represent former Trump campaign adviser Carter Page in a defamation case lodged in Delaware against Oath Inc., then the parent company of Yahoo! News and HuffPost.
In a separate ruling released Wednesday, the Delaware Supreme Court affirmed the dismissal of that case.
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Last year at a rally in South Carolina, Woods told the audience, “You got to fix 2020. And we’re going to fix it. They’re going to fix it in Arizona. They’re going to fix it in Michigan. They’re going to fix it in Wisconsin. And eventually, you’re going to find out, they’re going to fix it in South Carolina. Because they cheated all over the country. They tried to steal our election from us.”
While Republicans are heavy favorites to take back the House of Representatives in this year’s midterm elections, the Senate is not so much of a sure thing.
Skyrocketing inflation and the prices of everyday goods along with crime waves and the border crisis are driving Democrat poll numbers down, especially Biden’s.