Foggy wrote:
It looks like the Attorney General is trying to HELP her get that FAC to be the operative complaint, even though she had no leave to file it. Instead of saying she had no right to file it, the AG is acting as if it was filed properly. I don't see the strategy, except to keep it in Federal Court and jerk her chain because she has no idea how to prosecute a RICO claim ... hell, she can't even make the distinction between civil and criminal RICO.
Let's say these are your options:
1. Slog out the original complaint and get it dismissed on, say, timeliness (or one of the other obvious threshold grounds).
2. Throw a net around not only Orly, but also the other nutjobs, and get a federal court to dismiss it all -- against Orly and her trophy plaintiffs
and with respect to her oh-so-scary RICO claim, blah, blah, blah. (Think about it: she's been posturing lately to bring in Secretaries of State from Maine to
CaliforniaHAWAII where the usurping all began !! .) Also, let's get a ruling pertaining to the general election in addition to the primary that's already moot.
I'd suggest that if you choose #1, it may be cheaper in the short run, but you leave the door open for Orly to re-file her RICO crap and anything else she can think of. What's more, the other pet plaintiffs can play their "own" games -- deja vu all over again.
If you're the AG, the optimal result is dismissal against all plaintiffs for all claims (current and potential metastasized variants) with prejudice.
Edit: Keep in mind that the bar of res judicata generally precludes a party from retooling an attack that should or could have been asserted in a prior dispositive proceding. (Yeah, I'm oversimplifying, but that's probably the gist of it.) Therefore, even though Orly has not explicitly implicated any Mississippi officers in her absurd RICO claim, this was her chance. Get it dismissed now and she (and the remoras sucking on her belly) may have lost it forever.
Assuming the silly RICO and the ballot challenge will be dismissed after whomever is presiding judge in SMDC reads the AG's well argued brief, are defendants able to submit motions seeking costs, sanctions, punitive damages and to have the
The AG's Exhibit A should be a good place for the unnamed Federal judge to ask plaintiff some questions ....
blast off.
Discovery would then be available to defense counsel to haul in Orly's FMs and birthers from all over.....this could be HUGE !!
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on her blog, and a "cool" smiley by posting 8).
