Tag: lawsuit

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Tech News

Google Asks US Judge to Move States’ Antitrust Lawsuit to California

Google Asks US Judge to Move States’ Antitrust Lawsuit to California
Google Asks US Judge to Move States’ Antitrust Lawsuit to California


Alphabet’s Google has asked a US judge in Texas to transfer an antitrust lawsuit filed by 10 states in December to a court in California, a state that has more relevant witnesses and documents needed by the company, it said.

In December, Texas and nine other states sued Google in a US court in Sherman, Texas, accusing the search engine company of working with Facebook in a way that violated antitrust law to boost its already-dominant online advertising business.

Google said in a court filing that the first case alleging it monopolised online display advertising was filed in May by an advertiser, and that since then five other cases have been filed.

All were filed in the Northern District of California, “the venue where Google is headquartered and where more relevant witnesses and documents are located than in any other district in the country,” Google said in its request to move the case, which was filed late on Tuesday.

Google adds that the states’ lawsuit “does not identify a single company or person who might be a witness at trial and lives or works within 100 miles” of the Texas courthouse where the case was filed.

The states asked that Google, which controls a third of the global online advertising industry, compensate them for damages and sought “structural relief,” which is usually interpreted as forcing a company to divest some of its assets.

“As internal Google documents reveal, Google sought to kill competition and has done so through an array of exclusionary tactics, including an unlawful agreement with Facebook, its largest potential competitive threat,” the lawsuit said.

Google previously called the Texas lawsuit “meritless.”

In total, Google has been sued three times since October by US states and the Justice Department, including the Texas lawsuit.

In December, a separate group of 38 US states and territories filed their own antitrust complaint Google.

© Thomson Reuters 2021

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Canada

Grudging skiers prepare class action lawsuit against Stoneham and Mont-Sainte-Anne

Grudging skiers prepare class action lawsuit against Stoneham and Mont-Sainte-Anne
Grudging skiers prepare class action lawsuit against Stoneham and Mont-Sainte-Anne

Unable to practice the sport they love in full swing, season subscribers from Stoneham and Mont-Sainte-Anne ski centers have taken steps to file a class action lawsuit against the owner of the two mountains.

• Read also: [EN IMAGES] Unhappy skiers in Quebec

The Facebook group formed on Saturday had more than 800 members by Sunday afternoon.

After the launch of the “La Passe” reservation portal on Friday, the crowds on the website caused a computer bug and several riders were unable to reserve their seats over the weekend. The unlucky ones couldn’t hit the slopes during the first tack of the year.

We are at the stage of analyzing the file and evaluating it in order to file a legal appeal, Me Raphaël Parrot, who represents the plaintiffs, told TVA Nouvelles on Sunday.

“We are assessing the class members’ remedies and expect to file a class action leave application in superior court as early as this week.”

Yann Giroux, one of the creators of the collective action Facebook group, believes that season ticket holders have been harmed by ski center managers. According to him, there was negligence on the part of the company.

“We understand that the ski mountains are going through difficult times, but we find their way of managing neglectful and irresponsible,” he said. They sell too many tickets and withhold the numbers while other mountains restrict themselves from selling more.

“They prevent day pass holders from coming to ski … it’s full of setbacks, one after another.”

The group claims compensation for the “damage” suffered. A season pass costs

In an email to TVA Nouvelles, the company RCR, which owns the two ski resorts, said it understood the frustration of its customers, but recalled that the objective of establishing “La Passe” was to limit traffic.

Rather, it is the grumbling that ensues.

Based on information from Raphaël Beaumont-Drouin, TVA Quebec.

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Technology US

New lawsuit accuses Amazon of e-book price fixing

New lawsuit accuses Amazon of e-book price fixing
New lawsuit accuses Amazon of e-book price fixing

Amazon is facing a new lawsuit alleging that a deal between the company and five book publishers has created higher prices on e-books, The Wall Street Journal reported.

The lawsuit filed by law firm Hagens Berman in a federal district court in New York, alleges that the publishers pay high commissions and other costs to Amazon, which in turn increases the retail price of e-books sold on the platform. Due to the deal between Amazon and the publishers— HarperCollins Publishers, Hachette Book Group, Penguin Random House, Simon & Schuster, and Macmillan — the Amazon price is the price the publishers charge other retailers as well, preventing other sellers from offering the e-books at lower prices, according to the lawsuit.

The lawsuit claims the five publishers account for 80 percent of books sold in the US, and calls the arrangement a “conspiracy to fix the retail price of e-books,” which it argues is a violation of antitrust law.

In another e-book lawsuit back in 2012, the Justice Department accused Apple of conspiring with major book publishers in an attempt to compete with Amazon, by inflating e-book prices above the $9.99 price that Amazon preferred. Hagens Berman was lead counsel in the Apple case as well. The publishers settled, but Apple went to court and lost, eventually agreeing to a $450 million settlement, with $400 million issued as refunds to consumers. Apple denied any wrongdoing in regard to e-book pricing.

Amazon and the publishers named in the new lawsuit did not immediately respond to requests for comment from The Verge on Sunday.

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Headline USA

‘’ One more excuse from the coach ’’, lawsuit between Zidane and President of La Liga prior to the Super Cup | The State

‘’ One more excuse from the coach ’’, lawsuit between Zidane and President of La Liga prior to the Super Cup | The State
‘’ One more excuse from the coach ’’, lawsuit between Zidane and President of La Liga prior to the Super Cup | The State

Four days have passed since Real Madrid’s bumpy trip to PamplonaThe least of that game seems to have been the zero draw against Osasuna, or the poor performance of the “Merengues.”

The president of La Liga, Javier Tebas defended himself of the claims against him for not suspending the match of day 18 due to a winter storm, “What has bothered me the most is the version that has been given of Real Madrid’s trip.”he declared.

Tebas insisted that “if AENA says that there is no possibility of taking off Real Madrid would not have taken off “ and that “The final decision to travel is made by Real Madrid”.

“I don’t know the information that Zidane had. I have seen so many excuses that the coaches have given when the games they have not this will be one more“, Tebas adapted in an interview for TVE, after the technician spoke of the convenience of having postponed the meeting to its conclusion.

For his part, before these statements, the coach of the white box, Zinedine Zidane, affirmed that it was not an excuse. “It doesn’t bother me, I don’t care, I said what I said the other day, it was what I was thinking at the time but they are not excuses or anything, it was evidenceHe said in his first reply on the matter.

“I’m not going to get involved, nor am I going to answer. This is past and now we are thinking about tomorrow’s game, which is what interests me the most, ”he added.

Preparation for the Super Cup closes in Malaga

Real Madrid completed in The Rose Garden, scene of the second semifinal of the Spanish Super Cup that faces Athletic Club, his last training session to close his preparation with the absences of Dani Carvajal and Serbian Luka Jovic.

“We feel good, we have been preparing the game for days, happy we can play it. We are prepared, we will have to compete against a very strong rival that will make us run a lot and fight. We will try to have a great game, “he said at a press conference on the eve of the semifinal.

It was the last chance to define his starting team for Zinedine Zidane, with clear ideas in a block to which he has given continuity and a single doubt to clear, the one chosen to cover the absence of Dani Carvajal, due to a muscular mishap, on the right side. Everything points to the continuity of Lucas Vazquez although it also has options Nacho Fernandez.

It may interest you:

Did the usual return? Leo Messi started 2021 as in his best years

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Categories
Entertainment USA Hollywood

Tracy Chapman: 5 Things To Know About Singer/Songwriter Who Won Lawsuit Against Nicki Minaj

Tracy Chapman: 5 Things To Know About Singer/Songwriter Who Won Lawsuit Against Nicki Minaj
Tracy Chapman: 5 Things To Know About Singer/Songwriter Who Won Lawsuit Against Nicki Minaj

Tracy Chapman — the singer best known for songs like ‘Fast Car’ — just won her copyright lawsuit against Nicki Minaj. Before Nicki forks over the $450k she owes, here’s what you need to know about Tracy.

Tracy Chapman’s copyright infringement lawsuit against Nicki Minaj is closed, and she’s now $450,000 richer, according to documents obtained by The Hollywood Reporter. In the legal filings, which became public on Jan. 7, Nicki, 38, reportedly offered that amount to settle the dispute over the leaked song, “Sorry.” The song contained an unauthorized sample of Tracy’s “Baby Can I Hold You,” and apparently, Tracy, 56, accepted the terms. By accepting the deal, Tracy and Nicki will avoid going to trial over the song later this year (and Tracy avoids having to pay the trial costs if Nicki were to win the clash.)

Tracy filed her lawsuit in October 2018, a couple of months after Nicki released her album, Queen. “Sorry,” a collaboration with Nas, was not included on the album. However, Nicki allegedly gave the song to Funkmaster Flex, who played it on his Internet radio show. Nicki did try to get permission to use “Baby Can I Hold You,” but Tracy is known to be on the “do not sample list,” an informal collection of artists known for not allowing other artists to sample their work. Nicki initially won a Sept. 2020 ruling that said she had a fair use right to create “Sorry.” Distributing the song, however, was a whole other matter.

For those who need a refresher, here’s the scoop on Tracy Chapman:

1. She is a highly regarded performer… Tracy Chapman, born March 30, 1964, is best known as an American singer-songwriter. She was born in Cleveland, Ohio, and was raised by her mother. Despite not having much money, her mother bought three-year-old Tracy a ukulele, forging a love of music that would last a lifetime. Tracy won an academic scholarship where she studied in Connecticut and attended Tufts University in Massachusetts. By that point, she had graduated to guitar and honed her chops playing the Boston folk circuit. In 1987, she signed with Elektra.

Tracy Chapman arrives for a benefit event on behalf of amfAR (American Foundation for AIDS Research) in New York on Wednesday Jan. 31, 2007. (AP Photo/Rick Maiman)

2. …and multi-Grammy Award winner. Shortly after that major label deal, Tracy announced her arrival onto the music scene with her 1988 self-titled release. Tracy Chapman earned her six Grammy nominations, including Album of the Year. She won Best New Artist, Best Female Pop Vocal Performance, and Best Contemporary Folk Album. Her debut included “Fast Car,” a song that would become one of her signature tunes. In 1995, she experienced a similar level of commercial and critical success with New Beginning, an album that contained her Platinum-certified hit, “Give Me One Reason.” In the decades since, Tracy continues to record and perform for audiences around the world.

3. She is socially active. “I’m approached by lots of organizations and lots of people who want me to support their various charitable efforts in some way. And I look at those requests, and I basically try to do what I can,” she told NPR in 2009. “I’ve supported Amnesty International for all these years. And as you probably know, it was because of the Amnesty International World Tour in 1988 that I was introduced to an international audience.” Tracy has also worked with charities helping out the Cleveland public school system.

4. Tracy is known for being private. Not much is known about Tracy’s personal life, and she would like to keep it that way. “I have a public life that’s my work life, and I have my personal life,” Tracy said in 2002, according to the About Tracy Chapman website. “In some ways, the decision to keep the two things separate relates to the work I do. I don’t think I would have anything interesting to write about if I didn’t give myself time to have a life, to hang out with my friends or read a book or travel someplace I’ve always wanted to see. It can be a very odd or unreal lifestyle being a musician, going from one hotel room to the next.”

She’s not fond of being famous. When Tracy sang “Talkin’ Bout A Revolution’” on the Nov. 2, 2020, episode of Late Night with Seth Meyers, it was a big deal. Her previous televised performance was on a 2015 episode of The Late Show with David Letterman. Despite all her renown and respect, she never really has gotten the hang of fame. “Being in the public eye and under the glare of the spotlight was, and it still is, to some extent, uncomfortable for me,” she told the Irish Times in 2015, “but there are some ways by which everything that has happened in my life has prepared me for this career. But I am a bit shy. … I have this personality that is a bit on the reserved side and which had never really sought out the limelight. That has made me perhaps not the ideal person for this job.”

Categories
MLB

Yankees’ Gerrit Cole caught up in a lawsuit: ‘Sticky situation’

Yankees’ Gerrit Cole caught up in a lawsuit: ‘Sticky situation’
Yankees’ Gerrit Cole caught up in a lawsuit: ‘Sticky situation’

Yankees ace Gerrit Cole has been caught up in a lawsuit involving the Angels and a fired clubhouse manager for the team after attorneys for Brian “Bubba” Harkins submitted a text message, allegedly from Cole, in Orange County (Calif.) Superior Court on Thursday, according to reports, including one in the Los Angeles Times.

“Hey Bubba, it’s Gerrit Cole, I was wondering if you could help me out with this sticky situation,” the pitcher, then with the Astros wrote on Jan. 17, 2019, adding a wink emoji, according to the reports. “We don’t see you until May, but we have some road games in April that are in cold weather places. The stuff I had last year seizes up when it gets cold.”

Harkins, who was fired in March after the Angels were informed that a Major League Baseball investigation had found he was providing banned substances to pitchers to enhance their grip on the baseball, filed a defamation suit against the Angels and MLB in August. The team and the league filed a motion in November to dismiss the suit. In response to that motion, which claimed the 55-year-old Harkins was being used as a “scapegoat,” his attorneys submitted evidence, including the text.

The origin of that information has not been verified and could be in question. More than a dozen other pitchers were also mentioned — both Angels and visitors — in the suit as having used the substance provided by Harkins. Pitchers have used similar substances through the years, but MLB has sought to crack down on the practice.

Last year, Trevor Bauer wrote in The Players’ Tribune that he was suspicious of how pitchers on the Astros teams Cole pitched for had improved their spin rate so dramatically.

“When I see a guy go from being a good pitcher for one team and spinning the ball at 2,200 rpm, to spinning the ball at 2,600 or 2,700 in Houston, I know exactly what happened,” Bauer wrote.

Bauer never mentioned Cole’s name in the story. The Post’s Joel Sherman asked Cole about the issue in February, after he signed a nine-year, $324 million deal with the Yankees. Cole did not respond to Bauer’s story, but regarding the notion the Astros were better at creating a sticky product or teaching how to use that product, Cole repeated three times, “No.”

In response to the L.A. Times story, Bauer wrote on Twitter, “It’s almost like it did exist. Wow. The more you know… how crazy.”

Categories
Headline USA New York

Five Female Journalists to Leave NY1 News Following Settlement in Discrimination Lawsuit | The State

Five Female Journalists to Leave NY1 News Following Settlement in Discrimination Lawsuit | The State
Five Female Journalists to Leave NY1 News Following Settlement in Discrimination Lawsuit | The State

Roma Torre, Kristen Shaughnessy, Jeanine Ramirez, Vivian Lee and Amanda Farinacci: the five journalists who sued the channel NY1 Due to age and gender discrimination, they reached a confidential agreement that includes resigning from their jobs.

In his 2019 lawsuit against Charter Communications Inc., the parent company of the news channel NY1, All five claimed they were rejected in favor of younger co-workers and male talents like host Pat Kiernan.

“After engaging in a lengthy dialogue with NY1, we believe that it is of interest to all – us, NY1 and our viewers – may this litigation be resolved and we have mutually agreed to separate, ”the plaintiffs said in a statement issued by their attorneys David Gottlieb and Douglas Wigdor on December 31.

“We want to thank everyone who has supported us in these times; know that the support of each and every one of the people has made a real difference ”, he quoted New York Post.

With ages between 40 and 61 years, the five women accused a merger between Time Warner Cable and Charter Communications that caused a notable decline in their careers since 2016, and that they were fighting for the next generation of female journalists who will one day reach “a certain age.”

Torre (61) in particular claimed that Kiernan, 50, was treated as “a golden child in the chain”, even that they gave him a cutting-edge study and a great party on his 20th anniversary, he summarized New York Post.

An open letter posted online by journalists in 2019 claims they filed the lawsuit as a last resort after their complaints were ignored.

Charter operates as Spectrum And it is the second largest cable company in the United States, highlighted Bloomberg News.

Two more journalists from NY1, Thalia Pérez and Michelle Greenstein filed another similar lawsuit in July 2019 alleging that they were facing age and maternity discrimination.

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Georgia Headline USA New York Ohio Politics

Federal judge tosses lawsuit asking to give Mike Pence power to overturn election results

Federal judge tosses lawsuit asking to give Mike Pence power to overturn election results
Federal judge tosses lawsuit asking to give Mike Pence power to overturn election results

A federal judge has thrown out Texas Republican Rep. Louie Gohmert’s lawsuit that had sought to give Mike Pence the power to overturn the presidential election during a formal count of the votes next week.  

Texas US District Judge Jeremy Kernodle, a Trump appointee, on Friday dismissed the suit, ruling that the plaintiffs had lacked ‘standing’ and alleged ‘an injury that is not fairly traceable’ to the Vice President.

Gohmert and Arizona’s slate of GOP ‘alternate’ electors had sued Pence to expand his powers, so that he can solely determine which Electoral College votes to count when he presides over the January 6 session of Congress to make President-elect Joe Biden’s win official. 

The Electoral College cemented Biden’s 306-232 victory in mid December and multiple legal efforts by President Trump’s campaign to challenge the results have failed.

The suit named Pence, who has a largely ceremonial role in next week’s proceedings, as the defendant and asked the court to throw out the 1887 law that spells out how Congress handles the vote counting.

In a fresh filing Friday afternoon, Gohmert argued that Pence is more powerful than a ‘glorified envelope-opener in chief.’ 

‘Under the Constitution, he has the authority to conduct that proceeding as he sees fit,’ Gohmert wrote. 

‘He may count elector votes certified by a state’s executive, or he can prefer a competing slate of duly qualified electors. He may ignore all electors from a certain state. That is the power bestowed upon him by the Constitution.’  

Legal experts have strongly disagreed with Gohmert’s assessment.  

In the Thursday night DOJ filing, Pence’s lawyer, Deputy Assistant Attorney General John Coghlan, pointed out a basic fallacy in this case – in order to sue, the plaintiff and the defendant must be in opposition. 

President Donald Trump (left), pictured returning to the White House Thursday with first lady Melania Trump (right), is unhappy the Justice Department stepped in on behalf of Vice President Mike Pence to crush a lawsuit aimed at giving Pence the power to overturn the election

Vice President Mike Pence's Justice Department lawyer wants a judge to toss out a case being spearheaded by Republican Rep. Louie Gohmert that seeks to expand Pence's powers so that he can choose which Electoral College votes count

Vice President Mike Pence’s Justice Department lawyer wants a judge to toss out a case being spearheaded by Republican Rep. Louie Gohmert that seeks to expand Pence’s powers so that he can choose which Electoral College votes count

Rep. Louie Gohmert, a Republican from Texas, filed a federal lawsuit in Texas alongside Arizona's 'alternate' Electoral College electors - and now some of Michigan's too - that seeks to allow Vice President Mike Pence to choose Trump electors over Biden electors on January 6

Rep. Louie Gohmert, a Republican from Texas, filed a federal lawsuit in Texas alongside Arizona’s ‘alternate’ Electoral College electors – and now some of Michigan’s too – that seeks to allow Vice President Mike Pence to choose Trump electors over Biden electors on January 6

In this case, Gohmert and Pence’s interests are aligned.

‘The Vice President is not the proper defendant in this lawsuit,’ Coghlan wrote. ‘The Vice President – the only defendant in this case – is ironically the very person whose power they seek to promote.’ 

‘A suit to establish that the vice president has discretion over the count, filed against the vice president, is a walking legal contradiction,’ Coghlan noted in a Thursday night filing.  

The department said, in effect, that the suit objects to long-standing procedures laid out in law, ‘not any actions that Vice President Pence has taken,’ so he should not be the target of the suit.

‘A suit to establish that the Vice President has discretion over the count, filed against the Vice President, is a walking legal contradiction,’ the department argued.

The dismissal of the suit comes amid reports that President Donald Trump was unhappy that the Department of Justice responded on behalf of Pence in the lawsuit.

The New York Times reported that Trump called Pence Friday morning to express surprise at the development. The president was more vocal to others about his displeasure, sources told the paper’s Maggie Haberman. 

Trump and his allies have filed roughly 50 lawsuits challenging election results, and nearly all have been dismissed or dropped. He´s also lost twice at the Supreme Court. 

On Friday, a number of Michigan’s ‘alternate’ electors filed a brief in the case. 

If Trump had won Michigan, these individuals would have been the state’s members of the Electoral College. 

However, because Trump didn’t win Michigan, the state’s electors are Democrats – and cast their votes in favor of Biden in Lansing on December 14.  

In court documents the rogue electors say that ‘with the permission and endorsement of the Michigan Legislature’ they cast votes in favor of President Donald Trump ‘at the time, place, and manner required under Michigan state law and the Electoral Count Act.’ 

‘At the same time, Michigan’s Governor and Secretary of State appointed a separate and competing slate of electors who cast Michigan’s electoral votes for former Vice-President Joseph R. Biden, despite the evidence of massive multi-state electoral fraud committed on Biden’s behalf that changed electoral results in Michigan, Arizona, Georgia, Pennsylvania, Wisconsin and other states that have also put forward competing slates of Presidential Electors,’ the court document reads. 

The group did not have the permission of the Michigan legislature – with Michigan State Police blocking their access to the capitol – but they did have approval from the White House.  

On December 14, White House aide Stephen Miller revealed a plot to have separate Republican electors cast votes for Trump in key swing states including Pennsylvania, Georgia, Michigan, Wisconsin, Arizona, Nevada and New Mexico. 

‘As we speak, today, an alternate slate of electors in the contested states is going to vote and we’re going to send those results up to Congress,’ Miller said on ‘Fox & Friends.’ ‘This will ensure that all of our legal remedies remain open. That means if we win these cases in the courts, we can direct that these alternate electors be certified.’  

This is where the Gohmert lawsuit comes in. 

The suit argues that the Electoral Count Act, which was passed in 1887, violates the 12th Amendment, which outlines the procedure for electing the president and vice president.  

The amendment, which was ratified in 1804, says that the ‘President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall be counted.’ 

On Friday, Trump continued to push his supporters to come to Washington, D.C. to protest on the day Pence will oversee a Congressional session in which the Electoral College votes are tallied

On Friday, Trump continued to push his supporters to come to Washington, D.C. to protest on the day Pence will oversee a Congressional session in which the Electoral College votes are tallied 

Trump's White House backed the effort to have 'alternate' electors show up in state capitols to vote on December 14, so that those votes could be used to challenge the actual Electoral College results when Congress meets on January 6

Trump’s White House backed the effort to have ‘alternate’ electors show up in state capitols to vote on December 14, so that those votes could be used to challenge the actual Electoral College results when Congress meets on January 6  

While the lawsuit aims to give Pence unprecedented power to choose from slates of electors, lawmakers have the ability to challenge the count, with Sen. Josh Hawley saying he would object to some states' results

While the lawsuit aims to give Pence unprecedented power to choose from slates of electors, lawmakers have the ability to challenge the count, with Sen. Josh Hawley saying he would object to some states’ results 

The lawsuit argues that the ‘President of the Senate,’ which is Pence, has the sole authority to determine which votes to count.  

‘That, with respect to competing slates of electors from the State of Arizona or other Contested States, the Twelfth Amendment contains the exclusive dispute resolution mechanisms, namely, that (i) Vice-President Pence determines which slate of electors’ votes count, or neither, for that State,’ the lawsuit says. 

Legal experts called the reasoning laughable. 

Harvard Law School professor Laurence Tribe tweeted that Gohmert effort ‘may be the dumbest law suit of all’ adding that it’s ‘jaw-droppingly stupid.’ 

‘The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution,’ Ohio State University law professor Edward Foley told The Hill.  

Gohmert will also be joining the effort backed by more than 140 House Republicans to object to state vote counts during the Congressional session. 

Congress has the power to toss out Electoral College votes – though has never done so. 

If a House member and a senator both sign on to an objection, lawmakers debate the merits of that objection for two hours and then vote.  

Sen. Josh Hawley, a Republican from Missouri, has said he will file objections, but he hasn’t said how many states’ votes he will protest. 

That effort, which could drag out the January 6 session for hours, even days, is doomed to fail, as only a simple majority is needed to knock down an objection. 

With Democrats in control of the House and enough Republicans objecting to the plot in the Senate, Biden’s win will get the Congressional seal of approval. 

Categories
Georgia Headline USA New York Ohio Politics

Trump unhappy DOJ stepped in to crush Gohmert lawsuit

Trump unhappy DOJ stepped in to crush Gohmert lawsuit
Trump unhappy DOJ stepped in to crush Gohmert lawsuit

President Donald Trump is unhappy that the Department of Justice responded on behalf of Vice President Mike Pence in a lawsuit filed by Texas Republican Rep. Louie Gohmert that aims to give Pence the power to overturn the presidential election.

The New York Times reported that Trump called Pence Friday morning to express surprise at the development. The president was more vocal to others about his displeasure, sources told the paper’s Maggie Haberman.  

Gohmert and Arizona’s slate of GOP ‘alternate’ electors have sued Pence to expand his powers, so that he can solely determine which Electoral College votes to count when he presides over the January 6 session of Congress to make President-elect Joe Biden’s win official.  

In a fresh filing Friday afternoon, Gohmert argued that Pence is more powerful than a ‘glorified envelope-opener in chief.’ 

‘Under the Constitution, he has the authority to conduct that proceeding as he sees fit,’ Gohmert wrote. ‘He may count elector votes certified by a state’s executive, or he can prefer a competing slate of duly qualified electors. He may ignore all electors from a certain state. That is the power bestowed upon him by the Constitution.’ 

Legal experts have strongly disagreed with Gohmert’s assessment.  

In the Thursday night DOJ filing, Pence’s lawyer, Deputy Assistant Attorney General John Coghlan, pointed out a basic fallacy in this case – in order to sue, the plaintiff and the defendant must be in opposition. 

President Donald Trump (left), pictured returning to the White House Thursday with first lady Melania Trump (right), is unhappy the Justice Department stepped in on behalf of Vice President Mike Pence to crush a lawsuit aimed at giving Pence the power to overturn the election

Vice President Mike Pence's Justice Department lawyer wants a judge to toss out a case being spearheaded by Republican Rep. Louie Gohmert that seeks to expand Pence's powers so that he can choose which Electoral College votes count

Vice President Mike Pence’s Justice Department lawyer wants a judge to toss out a case being spearheaded by Republican Rep. Louie Gohmert that seeks to expand Pence’s powers so that he can choose which Electoral College votes count

Rep. Louie Gohmert, a Republican from Texas, filed a federal lawsuit in Texas alongside Arizona's 'alternate' Electoral College electors - and now some of Michigan's too - that seeks to allow Vice President Mike Pence to choose Trump electors over Biden electors on January 6

Rep. Louie Gohmert, a Republican from Texas, filed a federal lawsuit in Texas alongside Arizona’s ‘alternate’ Electoral College electors – and now some of Michigan’s too – that seeks to allow Vice President Mike Pence to choose Trump electors over Biden electors on January 6

In this case, Gohmert and Pence’s interests are aligned.

‘The Vice President is not the proper defendant in this lawsuit,’ Coghlan wrote. ‘The Vice President – the only defendant in this case – is ironically the very person whose power they seek to promote.’ 

‘A suit to establish that the vice president has discretion over the count, filed against the vice president, is a walking legal contradition,’ Coghlan noted in a Thursday night filing. 

Still, on Friday, a number of Michigan’s ‘alternate’ electors filed a brief in the case. 

If Trump had won Michigan, these individuals would have been the state’s members of the Electoral College. 

However, because Trump didn’t win Michigan, the state’s electors are Democrats – and cast their votes in favor of Biden in Lansing on December 14. 

In court documents the rogue electors say that ‘with the permission and endorsement of the Michigan Legislature’ they cast votes in favor of President Donald Trump ‘at the time, place, and manner required under Michigan state law and the Electoral Count Act.’ 

‘At the same time, Michigan’s Governor and Secretary of State appointed a separate and competing slate of electors who cast Michigan’s electoral votes for former Vice-President Joseph R. Biden, despite the evidence of massive multi-state electoral fraud committed on Biden’s behalf that changed electoral results in Michigan, Arizona, Georgia, Pennsylvania, Wisconsin and other states that have also put forward competing slates of Presidential Electors,’ the court document reads. 

The group did not have the permission of the Michigan legislature – with Michigan State Police blocking their access to the capitol – but they did have approval from the White House.  

On December 14, White House aide Stephen Miller revealed a plot to have separate Republican electors cast votes for Trump in key swing states including Pennsylvania, Georgia, Michigan, Wisconsin, Arizona, Nevada and New Mexico. 

‘As we speak, today, an alternate slate of electors in the contested states is going to vote and we’re going to send those results up to Congress,’ Miller said on ‘Fox & Friends.’ ‘This will ensure that all of our legal remedies remain open. That means if we win these cases in the courts, we can direct that these alternate electors be certified.’  

This is where the Gohmert lawsuit comes in. 

The suit argues that the Electoral Count Act, which was passed in 1887, violates the 12th Amendment, which outlines the procedure for electing the president and vice president.  

The amendment, which was ratified in 1804, says that the ‘President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall be counted.’ 

On Friday, Trump continued to push his supporters to come to Washington, D.C. to protest on the day Pence will oversee a Congressional session in which the Electoral College votes are tallied

On Friday, Trump continued to push his supporters to come to Washington, D.C. to protest on the day Pence will oversee a Congressional session in which the Electoral College votes are tallied 

Trump's White House backed the effort to have 'alternate' electors show up in state capitols to vote on December 14, so that those votes could be used to challenge the actual Electoral College results when Congress meets on January 6

Trump’s White House backed the effort to have ‘alternate’ electors show up in state capitols to vote on December 14, so that those votes could be used to challenge the actual Electoral College results when Congress meets on January 6  

While the lawsuit aims to give Pence unprecedented power to choose from slates of electors, lawmakers have the ability to challenge the count, with Sen. Josh Hawley saying he would object to some states' results

While the lawsuit aims to give Pence unprecedented power to choose from slates of electors, lawmakers have the ability to challenge the count, with Sen. Josh Hawley saying he would object to some states’ results 

The lawsuit argues that the ‘President of the Senate,’ which is Pence, has the sole authority to determine which votes to count.  

‘That, with respect to competing slates of electors from the State of Arizona or other Contested States, the Twelfth Amendment contains the exclusive dispute resolution mechanisms, namely, that (i) Vice-President Pence determines which slate of electors’ votes count, or neither, for that State,’ the lawsuit says. 

Legal experts called the reasoning laughable. 

Harvard Law School professor Laurence Tribe tweeted that Gohmert effort ‘may be the dumbest law suit of all’ adding that it’s ‘jaw-droppingly stupid.’ 

‘The idea that the Vice President has sole authority to determine whether or not to count electoral votes submitted by a state, or which of competing submissions to count, is inconsistent with a proper understanding of the Constitution,’ Ohio State University law professor Edward Foley told The Hill.  

Gohmert will also be joining the effort backed by more than 140 House Republicans to object to state vote counts during the Congressional session. 

Congress has the power to toss out Electoral College votes – though has never done so. 

If a House member and a senator both sign on to an objection, lawmakers debate the merits of that objection for two hours and then vote.  

Sen. Josh Hawley, a Republican from Missouri, has said he will file objections, but he hasn’t said how many states’ votes he will protest. 

That effort, which could drag out the January 6 session for hours, even days, is doomed to fail, as only a simple majority is needed to knock down an objection. 

With Democrats in control of the House and enough Republicans objecting to the plot in the Senate, Biden’s win will get the Congressional seal of approval. 

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California Headline USA

Cops ‘shot a boy, 17, twice in the back then removed the bullets by hand’, lawsuit claims

Cops ‘shot a boy, 17, twice in the back then removed the bullets by hand’, lawsuit claims
Cops ‘shot a boy, 17, twice in the back then removed the bullets by hand’, lawsuit claims

A new lawsuit claims cops in Hayward, California unjustifiably shot a teenager twice in the back in June before removing the bullets from him by hand.

The lawsuit filed Monday centers on a shooting that took place around 4am local time on June 1, during the unrest sparked across the country following George Floyd’s death at the hands of police.

According to the lawsuit, the 17-year-old boy – who is not named – fell asleep in his cousin’s car outside of a CVS early in the morning after going to a music video shoot in Oakland.

When the teenager woke up, his cousin was no longer there and his cell phone had died, so he attempted to drive away from the scene after hearing loud noises, the suit claims.

A CVS in Hayward, California was the site of a police shooting now subject to a lawsuit

According to the lawsuit, police shot a 17-year-old as he was attempting to drive away

According to the lawsuit, police shot a 17-year-old as he was attempting to drive away

The ‘frightened’ teen then drove past officers who had pulled over a different car and alleges they opened fire and hit him in the back twice. 

He says he hid in bushes out of fear after taking the bullets.  

Officers then allegedly took the bullets out of the boy’s body by hand before paramedics even responded to the scene.

‘It’s barbaric the way in which they tried to minimize the harm they caused this young man,’ said attorney Adante Pointer. ‘It’s completely inappropriate and fortunately it didn’t cause more severe damage to him.’

‘I feel like all they saw was a black face and just believed he did (a crime),’ Jael Barnes, the boy’s mother, previously said in June. ‘Not only does he now have these physical wounds, he has these mental wounds, as well, which will never go away.’

Pointer tweeted a picture of the unidentified teenager’s back wounds on Christmas. 

A picture on Twitter shows the alleged wounds the boy suffered at the hands of officers

A picture on Twitter shows the alleged wounds the boy suffered at the hands of officers

Adante Pointer is the civil rights attorney representing the 17-year-old in this case

Adante Pointer is the civil rights attorney representing the 17-year-old in this case

The Mercury News reports the police have a different view of what happened that night, when the county was under a curfew due to the unrest.

They responded to an incident at the CVS after reports of looting and potential gunfire at the pharmacy.

They proceeded to detain two men in a parked car as other vehicles began leaving the scene.

Officer Samuel Tomlinson was standing outside of his patrol car when the 17-year-old allegedly began driving towards him, forcing Tomlinson to fire upon the vehicle. Fellow officer Stephen Akacsos also fired on the vehicle in defense of his partner.

Police claim the shooting of the teen was justified because he was driving directly at them

Police claim the shooting of the teen was justified because he was driving directly at them

The teenager was arrested on an assault charge against the officers, but that was dropped

The teenager was arrested on an assault charge against the officers, but that was dropped

After finding the 17-year-old in the bushes, medical staff treated a ‘grazing wound’ and took him to a hospital. After he was released, the teen was arrested on suspicion of assault with a deadly weapon against a police officer.

The Alameda County District Attorney’s Office has since dropped the assault charge against the teenager.

‘Hayward police have consistently been on my radar, a police department where they sic dogs on people, beat people, shoot people and it rarely catches the public’s attention,’ Pointer said.

‘The public should be very concerned.’

The incident was the third officer-involved shooting in just 12 days for Hayward police

The incident was the third officer-involved shooting in just 12 days for Hayward police

At the time time of the shooting, KTVU reported that it was the third officer-involved shooting with the Hayward police in just 12 days, with this one resulting in four arrests, including the teen behind the lawsuit.

Prior to that incident, police also wounded a 61-year-old with a knife and killed a suspect accused of killing a homeless man.

‘Anytime you have a rash of police shootings, in particular at one department, it should be cause for concern,’ Pointer said to the news station.

‘Officers in Hayward, as officers are all over the Bay Area, are dealing with an increased level of violent crime that they’re trying to keep a lid on,’ said Nicole Pifari, an attorney for officers involved in the two shootings not cited in the lawsuit. 

 Hayward city attorney Michael Lawson told the Mercury News that the city had not been served with the suit and declined comment.