The Michigan Court of Appeals has ruled that Jill Stein is not an aggrieved candidate and the recount must stop after a hearing today.
After a hearing earlier today, Michigan State Attorney General Bill Schuette has just announced on Twitter that the the Michigan Court of Appeals has ruled Jill Stein is not an aggrieved candidate and the recount must stop.
Schuette also announced that the Court of Appeals ruled that there is no conflict with its ruling and the ruling of the Federal Court so the so recount should stop immediately.
Schuette also informed followers his office is filing to dissolve the Federal Courts TRO.
The ruling comes after it was revealed that nearly half of over half of Hillary Clinton’s Detroit votes face disqualification because recount officials have found that the machine vote counts are not matching sealed counts in several areas across the state that voted heavily for Hillary.
The 2 to 1 ruling issued by the Court of Appeals was not an immediate win for Schuette as the court ruling allowed the Federal Courts ruling to stay in place for the time being.
Obama appointed U.S. District Judge Mark Goldsmith issued a Temporary Restraining Order in a midnight ruling on Sunday ordering Jill Stein’s recount to begin on an emergent basis.
However, in the Court of Appeals ruling the federal court determined the order issued by Goldsmith to allow the recount to proceed in the first place could be dismissed if state courts ruled the recount to be out of order with state law.
The also ruled that Jill Stein is not an aggrieved candidate which under Michigan state law would Goldsmith’s ruling out of order with Michigan Law.
As Michigan’s Attorney General Schuette stated he will file with with state court’s tomorrow to have Goldsmith’s order dismissed under these grounds.
Meanwhile, liberal media is spinning the ruling as a victory for Jill Stein to aggravate Hillary supporters and technically they are correct as as the ruling does allow for the recount to continue under Goldsmith’s TRO.
At the same time, the 6th U.S. Circuit Court of Appeals also issued a separate ruling stating the recount should be allowed to continue under Goldsmith’s TRO.
Neither of these Federal court rulings over turn the Court of Appeals ruling that the recount should be halted.
However, the victory is short live because the Court of Appeals ruling allows the state of Michigan to resolve that TRO should the state find the TRO is out of order with Michigan state law.
So Stein’s victory today is a case of winning a battle but losing the war as the Michigan Attorney General will file to have Goldsmith’s order dismissed tomorrow.
From AG Bill Schuette:
Michigan AG: Court of Appeals rules recount must stop.
Court of Appeals rules there is no conflict with Federal Court and Michigan’s Attorney General’s office is filing to dissolve the Federal Court’s TRO.
Update:
Finally a new source reporting without overly high levels of partisan spin.
From the AP:
MICHIGAN
A recount that started Monday might end after the state appeals court said Stein has no standing to have the votes recounted. The court said she finished fourth in the election and doesn’t qualify as an “aggrieved” candidate under Michigan law.
The court ordered the state election board to reject her recount petition. The board meets again Wednesday.
Attorney General Bill Schuette said the decision means the recount “must stop.” But Stein’s attorney, Mark Brewer, insisted the recount isn’t over.
The ruling came a day after U.S. District Judge Mark Goldsmith ordered an immediate statewide recount of roughly 4.8 million ballots. Eight counties have started, including the largest, Wayne County.
But Goldsmith’s decision dealt with the timing of the recount, not whether Stein had standing. Schuette said he would ask Goldsmith to set aside the ruling in light of the state court’s decision.
Trump won Michigan by about 10,700 votes over Clinton.
Also Tuesday, a Republican-controlled committee in the Legislature approved a measure that would require candidates who lose by more than 5 percentage points to pay 100 percent of the estimated recount cost. The bill would apply to Stein, though Democrats questioned the legality of changing the rules “in the middle of the game.”
