Joseph A. Camp
@JoeyCamp2020
1h
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You can expect to see a significant amount of election-related litigation, most of which will be baseless and quickly dismissed. Here are the key reasons:
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Wider Battlefields: Elections are not just fought on the campaign trail; they play out across various platforms such as social media, television, newspapers, radio, advertisements, yard signs, postal mailers, emails, and even in court. Each of these avenues requires substantial financial investment and effort from both parties.
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Strategic Lawsuits: Even if a party knows a lawsuit has little chance of success, it can still be used strategically. Filing a case can be relatively inexpensive, but the defending party must spend considerably more to respond and obtain a dismissal, creating a financial burden.
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Unpredictability of Litigation: Litigation can be unpredictable. A party might win at one level of court only to lose on appeal. This uncertainty is inherent in the legal process.
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Tactical Legal Maneuvering: There are cases where lawsuits can serve dual purposes. For instance, I once filed a lawsuit knowing the District Attorney would oppose me. When they did, I used their opposition in a related criminal defense case, ultimately leading to the dismissal of charges against me.
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Litigation Privilege: Certain otherwise inadmissible evidence, such as illegally obtained material, may become admissible through litigation. For example, an illegal recording made in a two-party consent state may be protected and legally published if introduced as evidence in a civil case due to litigation privilege.
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Numbers Game: Litigation can sometimes be a matter of persistence. Much like applying for jobs or schools, one may face multiple rejections, but continued efforts can yield success. This concept applies to legal challenges as well—filing numerous cases increases the likelihood of a favorable outcome in one.
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No Downsides at the Presidential Level: For a presidential campaign, there is no significant downside to extensive litigation. Whether winning or losing, legal challenges help shape the laws and clarify uncertainties in the electoral process. Without litigation, legal ambiguities would remain unresolved.
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Constitutional Right to Litigate: Litigation is a fundamental right. While some matters, such as landlord-tenant disputes, are litigated frequently and have established case law, issues related to presidential elections are rare and unique. New laws introduced between elections often lack judicial interpretation until election litigation arises.
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Mutual Claims of Legal Abuse: Both sides in an election will likely accuse the other of abusing the legal system. While this may be true in some cases, such as with Trump’s extensive litigation beyond traditional election disputes, both parties will aggressively use the courts to address every issue, no matter how small.
In short, election litigation is a natural and expected part of the process, often serving strategic, financial, and legal purposes for both parties.
https://gab.com/JoeyCamp2020/posts/113430254896779833