Obama Judge Orders Michigan Recount In Midnight Ruling
Obama nominated Federal Judge has ordered a recount of Michigan votes to start today at noon in a midnight ruling issued after the State’s AG intervened.
Following a 3 hour long emergency hearing on behalf of Jill Stein in Federal Courts that ended at shortly after 4 PM yesterday afternoon, U.S. District Judge Mark Goldsmith appointed by President Barack Obama has ordered a vote recount in Michigan begin by noon on Monday.
The order was issued on an emergent basis that bypasses Michigan state law which requires a two day waiting period prior to starting a recount with Goldsmith stating the law likely violates voting rights.
The ruling overturns a filing by Michigan Attorney General Bill Schuette’s action in State Court which blocked Stein’s petition for a recount last week after the Michigan Board of Canvassers deadlocked 2-2 in ruling on an objection from Donald Trump to Stein’s recount request.
Goldsmith ruled if the recount were to be delayed that is a likely threat that it would not be completed by December 13th deadline required to make sure the state’s electoral votes are counted by the electoral college on December 19th.
Goldmith’s noted that ruling does not overturn the filings by Schuette or Trump in objection to the recount , but instead ruled he is only allowing the allows the recount to start early so it can be completed on time while at the same time ruling once the the ruling begins it “must continue until further order of this court.”
In issuing the recount, Goldsmith also waived a $1 million dollar bond Stein is required to post for the recount stating “”With the perceived integrity of the presidential election as it was conducted in Michigan at stake, concerns with cost pale in comparison”.
Stein says won a little over 1% of the vote in Michigan were the official results show Trump defeated Clinton by 10,704 votes where the Michigan Secretary of State noted taxpayers will have to pay the bill for the difference the cost of the recount not covered by Stein’s filing fee.
It is estimated, on the low end, that it will cost around $5 million to conduct the Michigan recount while Stein’s filing fee for the recount was less than $1 million.
Fox News reports that the it could cost taxpayers up to $12 million to perform a recount in Michigan.
On Reddit, Trump supporters have put out a call for volunteers to monitor the recount effort:
A federal judge has just made a ruling today after midnight that Michigan must begin A HAND RECOUNT OF 4.8 Million votes today (monday) at 12:00pm eastern time:http://www.freep.com/story/news/politics/2016/12/04/michigan-recount-decision-jill-stein-donald-trump/94952282/
It is true that Michigan’s Attorney General is attempting to challenge this, but as it stands at this second, the Federal Judge’s ruling takes effect and must be followed.
Democrats. Yes, not the Green Party, but democrats have already put an infrastructure of volunteers ready to go because they knew this was coming. Republicans have been trying to buy time to sign up volunteers, now democrats could have the reigns to hand count all of these votes tomorrow UNLESS more republicans or independents sign up to volunteer to count ballots. You can sign up with the Michigan GOP here: https://www.migop.org
SIGN UP NOW TO HELP SUPERVISE AND COUNT VOTES. ONCE AGAIN HERE IS THE LINK
EDIT: THIS RULING CAME AFTER MICHIGAN’S AG INTERVENED. THE POST ON THE FRONT PAGE OF THE_DONALD RIGHT NOW IS OUTDATED. AS IT STANDS RIGHT NOW AT 1:04AM EASTERN TIME, A HAND RECOUNT WILL BE BEGINNING AT 12:00PM TODAY (MONDAY) BECAUSE OF A FEDERAL JUDGES ORDER THAT WAS RELEASED JUST AFTER MIDNIGHT
From the Detroit Free Press:
Judge orders immediate start of Michigan recount
A federal judge early Monday morning ordered a recount of Michigan’s presidential ballots to begin at noon on Monday, and for the state to “assemble necessary staff to work sufficient hours” to complete the recount by a Dec. 13 federal deadline.
Lawyers for Green Party candidate Jill Stein urged the action in an emergency request, and U.S. District Judge Mark Goldsmith held a rare Sunday hearing in federal court. It lasted three hours, and Goldsmith issued a written opinion just after midnight on Monday morning.
Goldsmith said a state law requiring a two business day waiting period to start the recount likely violates voting rights. Stein has shown “a credible threat that the recount, if delayed, would not be completed” by Dec. 13 — the federal “safe harbor” deadline to guarantee Michigan’s electoral votes are counted when the electoral college meets on Dec. 19.
“With the perceived integrity of the presidential election as it was conducted in Michigan at stake, concerns with cost pale in comparison,” Goldsmith said in his opinion.
In ordering the recount to begin at noon Monday, rather than Wednesday morning under the two-day waiting period the state planned to observe, Goldsmith ordered the recount, once started, “must continue until further order of this court.”
Despite assertions from lawyers for the Michigan Board of State Canvassers and the Michigan Republican Party that the question of whether a recount is needed is irrelevant to whether Michigan’s waiting period is constitutional, Goldsmith heard arguments about whether Michigan’s voting machines could have been hacked, and whether any such hacking could have affected the outcome.
Brewer told Goldsmith an unusually high under-count — ballots with no vote for president — of about 75,000, or eight per precinct, is “sufficient to change the result” of the election.
Brewer’s assertion that the outcome could change in Michigan caused Gordon to question whether Brewer, a former chairman of the Michigan Democratic Party, was acting for Stein or for Clinton.
Hayley Horowitz, another Stein attorney, said hacking attacks on the Democratic National Committee and the e-mails of Clinton campaign Chairman John Podesta, show “there is someone out there who has the ability and interest to do this.”
Lawyers for the state board and the Republicans said Stein has presented no evidence to back her allegations of possible hacking.
“There’s absolutely no evidence here — it’s fear and doubt,” said Assistant Attorney General Erik Grill, representing the state defendants. “All the votes in Michigan were counted. We have certified election results.”
Gordon argued that Michigan’s voting machines are not connected to the Internet and are secured in such a way that “the gremlins and the Martians and the Russian hackers” can’t get to them.
Brewer and Horowitz submitted affidavits from experts declaring Michigan’s machines can be hacked, regardless of whether they are connected to the Internet. “I can’t imagine a more fundamental issue than the machinery of our democracy not counting votes,” Brewer said.
Also, state officials disclosed at the hearing that the state election results, showing Trump as the victor, have already been certified and Snyder has already certified the Trump electors and sent that information to Washington, D.C. Denise Barton, an attorney representing the Board of State Canvassers, said that means the requirement that electors be certified six days prior to the electoral college meeting on Dec. 19 has already been satisfied.
[…]The logistics of a statewide recount are so great, “it’s kind of like Eisenhower invading Europe on D-Day,” Gordon said. “It’s a logistical nightmare.”
But Goldsmith noted the recount was originally expected to start last Friday. “It seems unlikely that all or most of these plans were significantly altered in light of the delay and the proximity of the delay to the original commencement date,” he said in his opinion.
As the election recount debate lingers in Michigan, a similar effort is now headed to federal court in Pennsylvania, where Stein’s campaign is pushing for a statewide recount of votes in the presidential election on constitutional grounds. The campaign is seeking legal intervention from the federal courts after dropping its case in Pennsylvania’s state courts, arguing the state courts were ill-equipped to handle the issue.