I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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Today’s Facebook bulletins from McDaniel suggest that he’s not aware it’s over

He posted this on Facebook today:

“Rise up, warriors, take your stand at one another’s sides, our feet set wide and rooted like oaks in the ground.”– Tyrtaeus of Sparta

More about Tryrtaeus here.  He did not present ideals that involved knowing when to fold ‘em.  One of his (well, his if he was [...]

Funny. Most of McDaniel real objections were technicalities about absentee votes, but he’s disappointed he lost on a technicality

Alternate title:  Chris McDaniel acknowledges he does not always understand.  I hated picking between these.

Here is the statement from Chris McDaniel about the dismissal of his case, from his Facebook page:

I am very disappointed to hear Judge McGehee granted Senator Cochran’s Motion to Dismiss on a technical filing issue, instead of hearing [...]

A hearing on the Cochran motion to dismiss, and the Cochran reply brief

Following #mssen on Twitter produces a lot of live-tweeting from the hearing on motions in the Senate election contest.  The judge gets the quote of the day; with McDaniel’s lawyer arguing that the secretary of state had opined that there was no deadline for filing a state election contest, the Court asked:

Geoffrey Pender ‏@GeoffPender  [...]

McDaniel’s subpoenas as a Potemkin Village: More evidence that the McDaniel Election Challenge is Just Pretend

A Potemkin Village is a pretend peasant village built for the entertainment of royalty.  It is pretty clear to me that McDaniel’s election challenge is about… entertaining isn’t the right word.  Pleasing.  Pleasing his constituancy.  He’s going to say he tried everything and got beat on unfair injustice and technicalities.  Send money and prepare to [...]

Here’s another statute for the McDaniel legal team

Miss. Code Ann. § 21-15-911 requires that after votes are counted, the voting materials are to be resealed and locked and turned over to the circuit clerk:

…the box shall forthwith [be] resealed and delivered to the circuit clerk, who shall safely keep and secure the same against any tampering therewith.  At any time [...]

Some reading comprehension problems with the McDaniel lawyers, who also forgot to read the pocket part

Update: A second interpretation of the McDaniel brief has emerged:  That the lawyer didn’t screw up, he’s just being dishonest with the court about the law.  See comments.

There’s a statutory timetable you need to understand here.

1.  Under Miss Code Ann. § 23-15-921, for county elections, a challenge before the election commission must be [...]

Yes, it does appear McDaniel did not file his complaint within the required time

Update (x2): Didn’t someone tell me that McDaniel was a lawyer?  The Clarion-Ledger’s Geoff Pender, who I just realized got there ahead of me on what I’ve written below, quotes the would-be senator on his delay in filing:  “‘Justice has no timetable,’ McDaniel said numerous times when questioned why it was taking so long to [...]

Inquiring minds: When the Supreme Court 4-4 affirms, do they affirm the COA or the trial court?

This quetion arose indirectly because a regular reader was thinking about the topic and a recent Supreme Court case.

Answer, at least in Mississippi:  The court of appeal:

¶ 8. Valley Bank argues that when this Court is evenly divided, the order of the trial court must be affirmed, despite the Court of Appeals having [...]

“without having heard any testimony or having any matter of record,” Chancellors in Rankin County enter judgment expunging recording of gay marriage

Folks may be aware of the effort to register out-of-state same sex marriage records in the miscellaneous records in various Chancery Clerks office being spearheaded by the Campaign for Southern Equality.

In Oxford, the effort went smoothly.  Chancery Clerk Sherry Wall spoke to the Oxford Eagle (article is paywalled), who made clear that she [...]

The “regression analysis” that is critical to McDaniel’s contest arguments was from a weblog, not a McDaniel expert!?!

This is truly bizzare.  One of the key elements of McDaniel’s election challenge is a claim that a regression analysis had demonstrated that there was a correlation between black population and the increase in Cochran votes between the two primaries.  The analysis was an exhibit to the complaint, but was not included in the [...]