Stand with Texas Democrats fighting to block GOP-backed voting restrictions

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Texas Democrats flee state in effort to block GOP-backed voting restrictions

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David,

Today, Texas House Democrats left the state and broke quorum to fight back against state Republicans’ continued attacks on Texas’ freedom to vote.

We need to stand with the brave lawmakers who are doing everything in their power to stop voter suppression in our state. Will you add your name now as a sign of support?

ADD MY NAME »

Republicans wasted no time during the legislative special session to begin trampling on Texans’ freedom to vote.

They’ve introduced multiple bills aimed at adding new identification requirements for mail voting, banning early voting options, and creating new criminal penalties for breaking election code while empowering partisan poll watchers.

Democrats are risking arrest by standing up for what’s right. We need to have their back. Please, add your name today.

Thank you,

Boot Texas Republicans

Paid for by Boot Texas Republicans

REMEMBER THIS, A CASE NOW ON TWITTER: ABUSE OF PROCESS AND MALICIOUS PROSECUTION.

 Politics · Trending

Sidney Powell

A virtual court session is underway to determine if Sidney Powell, Lin Wood and other lawyers will face sanctions for their lawsuit attempting to overturn Michigan's 2020 election results in favor of former president Donald Trump

Trending withJudge Parker, Fink

An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as an intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts.

The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings.[1] Abuse of process can be distinguished from malicious prosecution, in that abuse of process typically does not require proof of malice, lack of probable cause in procuring issuance of the process, or a termination favorable to the plaintiff, all of which are essential to a claim of malicious prosecution.[2] "Process," as used in this context, includes not only the "service of process," i.e. an official summons or other notice issued from a court, but means any method used to acquire jurisdiction over a person or specific property that is issued under the official seal of a court.[3] Typically, the person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution. Subpoenas to testify, attachments of property, executions on property, garnishments, and other provisional remedies are among the types of "process" considered to be capable of abuse.

Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.

Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper basis for an abuse of process action.

Declining to expand the tort of malicious prosecution, a unanimous California Supreme Court in the case of Sheldon Appel Co. v. Albert & Oliker, 47 Cal. 3d 863, 873 (1989) observed: "While the filing of frivolous lawsuits is certainly improper and cannot in any way be condoned, in our view the better means of addressing the problem of unjustified litigation is through the adoption of measures facilitating the speedy resolution of the initial lawsuit and authorizing the imposition of sanctions for frivolous or delaying conduct within that first action itself, rather than through an expansion of the opportunities for initiating one or more additional rounds of malicious prosecution litigation after the first action has been concluded."[1]

Sign On: Support Medicaid Expansion Now. Bob Fertik, Democrats.com

 DAVID -

Did you know the American Rescue Plan created incentives for 14 GOP-led states to join the rest of the country and expand Medicaid immediately - covering millions of Americans, creating over 1 million jobs, and adding more than $350 billion to their local economies over the next 3 years? [1]

Of course, Republicans are doing whatever they can to stop it from happening. The good news is we can expand Medicaid without them.

In fact, two of those states - Missouri and Oklahoma - already did!

Those state Democratic parties, local democratic leaders, and healthcare professionals worked together to pass Medicaid Expansion by taking it straight to voters at the ballot box and WON!

They provide a model for the other 12 states - South Dakota, Florida, Georgia, North Carolina, Kansas, Alabama, Mississippi, Wyoming, South Carolina, Wisconsin, Tennessee, and Texas - to follow.

Congress can also close the Medicaid coverage gap without Republican support using the process of budget reconciliation - that only requires a majority vote to win - by including Senator Warnock’s Medicaid expansion amendment in the American Jobs Plan reconciliation bill. [2]

Sign now to demand the Democratic Party - from leaders in Congress and the Democratic National Committee to every state and local Democratic Party and leader in between - deliver on President Biden’s American Rescue Plan and expand Medicaid to over 2.2 million Americans in need by any means necessary now.

Thanks for all you do,

Bob Fertik

[1] The Economic and Employment Effects of Medicaid Expansion Under the American Rescue Plan, Commonwealth Fund May 2021

[2] The Medicaid Coverage Gap: State Fact Sheets, Center on Budget and Policy Priorities

BREAKING DOWN THE MUELLER REPORT: DISHONESTY AND CORRUPTION CAN BE FOUND ANYWHERE.

(Remember, this re-posting of articles on the Mueller Report is in response to what former  Trump DOJ spokesperson Sarah Isgur said on ABC’s This Week on Sunday. THIS IS WHAT SHE SAID:"The SCO was charged with investigating whether the Trump campaign criminally colluded with Russians to influence the 2016 election. They did not find sufficient evidence to bring charges—that’s exonerating. My larger point was that Trump didn’t care—hence the acts of obstruction!"

BACK TO THE ANALYSIS:

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Sometimes it is amazing to see the degree of desperation that is used to RESCUE OR BAILOUT PROMINENT INDIVIDUALS FROM THE "REALITY" OF A GIVEN SITUATION. It could be creating "FACTS" or "TRUTHS" that can easily be refuted, or ignoring information that contradicts a desired or pre-determined conclusion. 

If you have visited this site on a regular basis, my articles and posts on DONALD TRUMP MAKE CLEAR THAT HE IS AN EXCELLENT EXAMPLE OF SAYING OR DOING JUST ABOUT ANYTHING TO IGNORE THE CONSEQUENCES OF HIS ACTIONS, BOTH IN AND OUT OF THE WHITE HOUSE. In addition, at least in Donald Trumps case, It is beneficial to have Allies who are willing to ignore Logic, Reason, or Duty in order to protect him from the Legal Consequences of his actions. 

What do I mean? Well, the current controversy regarding the MUELLER REPORT is a perfect example. 

When we discuss the Findings and Conclusions in the Special Counsels Report, it is necessary to set up Universal Guidelines that are applicable to all parts, and are not left to the Whims and Prejudices of whomever happens to be the Media Darling of the day, able to blurt out entertaining one liners that are of little value, unless undermining the strength of our CONSTITUTIONAL REPUBLIC is your goal. 


Make sure all Terms are properly defined, especially when it comes to possible allegations of criminal activity, or actions that interfered with the LEGAL OPERATION OF THE 2016 ELECTION.There is no way to properly assess conclusions, if one, both, or all sides are playing "SEMANTIC" Games. 

THE SOURCE AND THE QUALITY OF EVIDENCE, EITHER PROVIDED TO, OR UNCOVERED BY, the Office of the Special Counsels Investigation, is assessed properly and openly. NO INDIVIDUAL OR GROUP, PUBLIC OR PRIVATE, CAN BE ALLOWED TO PASS JUDGMENT AND FORM PUBLIC POLICY FROM SUCH JUDGMENTS,WITHOUT PROPER JUSTIFICATION. 
(AND NO...TAKING THE PRESIDENTS OR THE ATTORNEY GENERALS WORD IS NOT PROPER JUSTIFICATION.)

IT'S TIME FOR CONGRESS TO REMEMBER WHERE ITS CONSTITUTIONAL DUTIES LIE: ANY AND ALL  COMMITTEES OR AGENCIES, RESPONSIBLE FOR PROTECTING AND SAFEGUARDING THE PUBLIC INTEREST, MUST MAKE A THOROUGH INVESTIGATION. FURTHER, THIS PROCESS MUST BE FREE OF INTERFERENCE FROM ANY OFFICIAL(S), ELECTED 
OR APPOINTED.

ALL OFFICIALS; FEDERAL, STATE, OR LOCAL AND ALL RELEVANT INDIVIDUALS OR AGENCIES MUST BE HELD ACCOUNTABLE FOR DECISIONS MADE. NO POLITICAL OFFICE HAS A CONSTITUTIONALLY GUARANTEED "GET OUT OF JAIL FREE CARD," WHERE ANY ACTIONS THEY TAKE ARE BEYOND SCRUTINY OR OVERSIGHT. This seems to be Donald Trumps and William Barrs way of thinking, but I don't buy into it, and hopefully neither will the majority of Americans. 

TO BE CONTINUED....