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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BlogRoll

Amending the Constitution, Citizens United, and the First Amendment

Here’s the text of the proposed constitutional amendment to overturn Citizens United:

Section 1. To advance democratic self-government and political equality, and to protect the integrity of government and the electoral process, Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence [...]

This is not a headline: More bull-s–t emanates from Chris McDaniel’s legal team

This is one of those dog bites man / man bites dog things.  The headline would be “McDanial campaign makes a rational announcement.”  Nope.

Last week, the trial judge announced that McDaniel’s election challenge was dismissed. Any lawyer involved could have advised McDaniel where he was in minutes.  Supporters commented on this blog that [...]

Marshall Ramsey says McDaniel is looking for another sign.

Quote for the Day (more about McDaniel lawyering. A big part of a lawyer’s job is to assess possible outcomes…)

“He wasn’t really ready to even accept (dismissal) was a possibility,” McDaniel attorney Mitch Tyner said Friday after a special circuit court dismissed his lawsuit challenging his primary runoff loss.

From Geoff Pender’s Clarion Ledger story about the dismissal of the election challenge.

I’d not have snarked about this if the word used was [...]

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 [...]