False, Misleading' Accusations: Federal Judge Sanctions Kari Lake

[brooklynite]

Source: Forbes

A federal judge granted a Maricopa County, Arizona, motion for sanctions against Republican gubernatorial candidate Kari Lake Thursday, meaning she will have to pay a fine one week after filing a lawsuit accusing county election officials of violating elections laws.

U.S. District Judge John Tuchi said in his decision that Lake made “false, misleading and unsupported factual assertions” in her initial lawsuit claiming “unauthorized persons” manipulated voting machines during Arizona’s gubernatorial election.

Tuchi cites insufficient evidence supporting any of Lake’s claims, adding the plaintiffs—members of Lake’s election staff in addition to Lake herself—”have voted on paper ballots, contradicting allegations and representations” of statements made by Lake.

Read more: https://www.forbes.com/sites/tylerroush/2022/12/01/false-misleading-accusations-federal-judge-sanctions-kari-lake-for-challenging-arizonas-voting-procedures

[Martin68]

1. Justice is served.

[3Hotdogs]

18. Not unless her lawyers get "gonged" also.

[muriel_volestrangler]

27. Your wish is the court's command: legal team, including Dershowitz, sanctioned for reckless filing

An Arizona-based federal judge has ordered sanctions against the legal team assembled by gubernatorial candidate Kari Lake (R) and another plaintiff in a failed lawsuit against winning opponent Katie Hobbs (D) and other defendants from two Arizona county government boards.

The attorneys being sanctioned are not directly named in Thursday’s order, but according to the court docket, Harvard Law School Prof. Alan Dershowitz is Lake’s lead attorney in the matter. Also on her legal team are co-lead attorneys Andrew D. Parker, Jesse Hersch Kibort, and Joseph Alan Pull of Minneapolis. Further listed as a member of her legal team is attorney Kurt B. Olsen of Washington, D.C.

Parker, Olsen, and Dershowitz signed the original complaint, an amended complaint, and a opposition to a request for sanctions.
...
With the lawsuit dismissed, the judge addressed a request for sanctions on Thursdsay, Dec. 1. In a 30-page order, he wrote as follows:

The Court concludes that sanctions are warranted under Rule 11 and 28 U.S.C. § 1927. It finds that Plaintiffs made false, misleading, and unsupported factual assertions in their FAC and MPI and that their claims for relief did not have an adequate factual or legal basis grounded in a reasonable pre-filing inquiry, in violation of Rules 11(b)(2) and (b)(3). The Court further finds that Plaintiffs’ counsel acted at least recklessly in unreasonably and vexatiously multiplying the proceedings by seeking a preliminary injunction based on Plaintiffs’ frivolous claims, in violation of Section 1927.

https://www.msn.com/en-us/news/crime/judge-sanctions-kari-lakes-legal-team-which-includes-alan-dershowitz-for-recklessly-filing-false-misleading-and-unsupported-claims-in-election-lawsuit/ar-AA14NX7A

[3Hotdogs]

30. God for Derv's sorry ass.

[LiberalFighter]

34. What exactly does the sanction involve against them?

[csziggy]

61. Payment of the legal fees for the other side

Lastly, the Court must identify the appropriate sanction. Under Rule 11, the “sanction imposed . . . must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated.” Fed. R. Civ. P. 11(c)(4). Where sanctions are “imposed on motion and warranted for effective deterrence,” they may include payment of reasonable attorneys’ fees. Id. Section 1927 likewise authorizes the Court to order the payment of reasonable attorneys’ fees. 28 U.S.C. § 1927. Here, the Court finds that payment of the Maricopa County Defendants’ reasonable attorneys’ fees is an appropriate sanction for the conduct of Plaintiffs’ counsel, which forced Defendants and their counsel to spend time and resources defending this frivolous lawsuit rather than preparing for the elections over which Plaintiffs’ claims baselessly kicked up a cloud of dust. Plaintiffs’ counsel are therefore held jointly and severally liable for the Maricopa County Defendants’ attorneys’ fees reasonably incurred in this case.

https://www.courtlistener.com/docket/63260463/106/lake-v-hobbs/ (pages 29-30)

[calimary]

35. Oh for Pete's sake... Alan Dershowitz???

Him AGAIN???

[70sEraVet]

37. Years ago, I had read one of his books and had admired him.

I would not have predicted his embrace of all things MAGA!

[ancianita]

48. Rep. Mark Fincham (R-11) was also Lake's co-plaintiff listed on the court docket.

His name's apparently been kept hush-hush, but he's the other election denier who had run for AZ's secretary of state.

[druidity33]

49. you should edit out the nt in your subject line...

or erase the body of text in your post. Otherwise, what's the point of saying "nt"? It means "no text" in the body of your post.

[ancianita]

50. It was a misstype. Thought I was done and then added something and didn't edit it out.

So sorry. Will delete. I usually don't even use the nt.

[druidity33]

51. No worries...

I'm actually almost 2 years past Satellite and Dialup (I have municipally owned Fiber now!)... but i still remember what it was like to miss important posts because of the nt. It's mostly just an impulse response now. Thanks!

[louis-t]

52. Dershowitz should know better.

You would think.

[Cha]

54. omg.. Dershowitz again!

TY:candl:

[BOSSHOG]

2. Damn Kari, you won't even be a Halloween costume next year.

[DemocraticPatriot]

23. she will be MY costume next year!!!

and I don't even remember WTF she looks like....

divert to "incel sexual fantasies".....



LOL

[calimary]

36. Think anybody will even remember her by then?

Or will she be just another obsolete piss ant from with a camera-friendly face mask?

[Bo Zarts]

40. Keri who?

Keri Pond?

[calimary]

45. Kari-cature.

[malaise]

47. You win the thread😀

[tblue37]

43. Her inevitable FOX gig will ensure that she is remembered, & her flapping mouth will say outrageous

things, so the MSM will stay focused on her.

[calimary]

44. By Jove I think you've got it.

She’ll get a job on TV and do her damnedest to boost her profile in-yer-face for as long as her jowls don’t sag. And then she’ll disappear. For long enough to recover from her first in a continuing spoof facelifts.

[BOSSHOG]

56. She'll be

Former senatorial candidate failure Herschel walker’s press secretary, keeping the hopes of the mighty class of 22 alive.

[DemocraticPatriot]

58. No. I probably won't even remember her,

so my costume will be negated.


Perhaps Errol Flynn instead.....

[republianmushroom]

3. About time

[odins folly]

4. 'Bout time.

First the 11th court removing the special master and not this. Courts need to cut this BSdown as quickly as legally possible.

[Septua]

13. Courts need to cut this BSdown as quickly as legally possible.

Yeah...why didn't a judge take that action against Trump on the first suit filed? 60+ suits filed on unsupported allegations.

[aggiesal]

5. Can someone explain to me this oxymoron? ...

“false, misleading and unsupported factual assertions”

How can something be false, misleading and unsupported FACTUAL assertions?

[Beakybird]

6. It should say, "Asserted as fact."

[BOSSHOG]

8. And to think Kari is unfamiliar with the notion of "fact"

And yet she is asserting thusly. Isn’t she the sweetest lil lying clump of flesh?

[Beakybird]

9. Now that's a factual assertion!

[brush]

7. Exactly.

[Mr.Bill]

14. It's a fact that the assertations were made? n/t

[littlemissmartypants]

17. I noticed that too. Contradictory and confusing. But the word "fine"...clear as a bell

It's meaning wasn't that it's OK but that she's going to pay. I wonder how much? ❤️

[calimary]

38. Next, maybe she'll sue the fine?

And a second lawsuit against whoever imposed the fine to begin with.

Wouldn’t it be sweet if she sucked her fundraising base to the point of extinction!

[littlemissmartypants]

41. Very sweet. They're as insane as she is for donating. ❤️

[onenote]

62. She isn't going to pay a dime. Notwithstanding the headline, she wasn't sanctioned. Only her lawyers

The court was clear in distinguishing between Lake and her lawyers and limited the imposition of sanctions to the lawyers.

From the court's order:
"Here, while there are reasons to believe that Plaintiffs themselves contributed to the violations of Rule 11(b)(3) in this case—including that they themselves apparently have voted on paper ballots, contradicting allegations and representations in their pleadings about Arizona’s use of paper ballots—there is not a sufficient record that compels the Court to exercise its discretion to sanction Plaintiffs under that part of the rule. Thus, although the Court does not find that Plaintiffs have acted appropriately in this matter—far from it— the Court concludes that sanctions are warranted only against Plaintiffs’ counsel, who signed and filed the offending papers. To sanction Plaintiffs’ counsel here is not to let Plaintiffs off the hook. It is to penalize specific attorney conduct with the broader goal of deterring similarly baseless filings initiated by anyone, whether an attorney or not."

[3auld6phart]

32. Yep,still trying

To get my head around that one.

[msfiddlestix]

39. In the past few years, I have heard the phrase repeatedly in the media and elsewhere

Essentially it has seemed to have crept into the current venacular among journalists and political officials, politicians etc.

It is an OXYMORON. It completely contradicts the actua, factual point.

[Trueblue1968]

10. I hope her fine is $13,785,421,379,184.00

how much IS that ????? i can't even figure it out.

[Mr.Bill]

16. Less than half the national debt. n/t

[onenote]

63. See post #62. She isn't the one being sanctioned

Her lawyers have to pay the other side's attorney fees. Lake herself was not sanctioned.

[LiberalFighter]

11. Why did her attorney even file? Shouldn't the attorney be punished too?

[SCantiGOP]

12. The chair of the Arizona board

that was going to refuse to certify the election returns said they would have to pay an attorney to defend them, because (paraphrased): The County Attorney already told us he can’t defend us if what we are doing is illegal.

[muriel_volestrangler]

28. They're being sanctioned too - see #27

and the icing on the cake is that one of them is Alan Dershowitz.

[LiberalFighter]

33. Love it!

[onenote]

64. Not "too' -- just only.

The court didn't sanction Lake. It only sanctioned her lawyers.

See post #62

[Goonch]

15. 👇

[Hugh_Lebowski]

19. Well then John Tuchi is Deep State, obviously ... no other explanation possible (nt)

[kairos12]

20. Toxic, polluted Lake is vile.

[iluvtennis]

21. Bravo!

[dchill]

22. Can she go back to doing the weather?

[vlyons]

24. Sore LOSER Supreme

Well finally! Her lawyers should also be sanctioned. They most especially should have known not to have made unsupported claims in court. Maybe she will think twice before wasting the court's time, but I doubt it. Too bad she didn't get a few days in jail for contempt.

[riversedge]

25. Trump "election officials of running a "criminal voting operation." ...........

I would think these officials would--or could sue Trump.


..........Key Background

Lake has remained adamant in her refusal to concede to Katie Hobbs, who won Arizona’s gubernatorial election by 0.6% of the vote, according to the Associated Press. Trump joined in on Lake’s unfounded claims on Truth Social alleging ballot tabulator issues skewed results in Hobb’s favor and accused election officials of running a “criminal voting operation.” State Attorney General Mark Brnovich has since called on the county to produce a report on its voting machines after his office received complaints about the election process.

[SouthernDem4ever]

26. sounds like slander to me

[liberalla]

29. Enough of this foolishness!

[Ray Bruns]

31. More of this please.

[gopiscrap]

42. Imprison that piece of shit for life

[lees1975]

46. She announced that she was going to do this prior to the election, if she lost it.

These Trumpies think they can just make something up, take it to court and gamble on a corrupt judge giving them something because that's how it works for them. They don't live in the real world.

[Cha]

53. Looks like Lake's Warning

that she will be the worst nightmare has Boomeranged!

Got anymore stupid whiny lawsuits, Kari?

[Kennah]

55. Someone is gonna have to explain the word sanctions to Kari, and Bobo, and Half Baked Alaska

[tonekat]

57. Harvard needs to part ways with Dershowitz.

He's too eager to roll around in the mud with the pigs.

[Seeking Serenity]

59. Throw her in prison

And then throw away the key.

[bluestarone]

60. Lots of OTHER individuals saying this same shit!

Why aren't Judges everywhere doing THIS SAME thing?