JUST A COUPLE OF LEGAL DEFINITIONS THAT SHOULD BE CONSIDERED...
TAKEN FROM WIKIPEDIA. ( JUST FOR REFERENCE PURPOSES).
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]
WITH DONALD TRUMP STILL ATTEMPTING TO STEAL ANOTHER ELECTION, I THOUGHT ANOTHER REVIEW WOULD HELP SHED SOME MORE LIGHT ON THE TRUE NATURE OF HIS SUPPORT. TO DO THAT, WHAT WOULD BE MORE APPROPRIATE THAN A LOOK AT ONE OF HIS "STRONGHOLDS."
The following results are so absurd, that it's tough to blame just one person or party. Of all the bogus results that I have come across in the 2016 and 2020 Presidential elections, this stands alone. THE FACT THAT NO POLITICAL PARTY/ORGANIZATION OR MEDIA OUTLET HAS COMMENTED ON THESE "UNIQUE" RESULTS IS TELLING, AND THAT TOGETHER WITH THE 2020 RESULTS IN FLORIDA AND OHIO SEEMS TO INDICATE THAT NEITHER PARTY CAN BE TRUSTED TO ACTUALLY OPERATE AN ELECTION WITH MINIMAL GUARANTEES OF HONESTY AND ACCURACY IN SOME STATES.
ALONG WITH THE BOGUS RESULTS FROM THE 2016 PRESIDENTIAL ELECTION, IT INDICATES A TREND TO ALLOW IMPROBABLE AND UNREALISTIC RETURNS IN SPECIFIC STATES TO GO UNCHALLENGED, WHILE AT THE SAME TIME ALLOWING UNEVIDENCED, IRRATIONAL AND INVALID ACCUSATIONS ABOUT ELECTION FRAUD AGAINST OTHER STATES BECOME NATIONAL NEWS BY REFUSING TO CONFRONT AN UNSCRUPULOUS DEMAGOGUE.
THIS IS NOT JUST A CORRUPT AND INCOMPETENT PRESIDENT AND HIS PARTY AT WORK. (DONALD TRUMP AND THE REPUBLICAN PARTY). IT WOULD NOT WORK UNLESS THE OPPOSITION PARTY OFFERED LITTLE OR NO RESISTANCE...AND THEY DON'T. (CHUCK SCHUMER AND SENATE DEMOCRATS.)
WITH THAT SAID, I PRESENT THE PRESIDENTIAL RETURNS FOR 2016 AND 2020 FROM THE STATE OF TEXAS.
| Party | Candidate | Votes | % | ±% | |
|---|---|---|---|---|---|
| Republican | Donald Trump Mike Pence | 5,890,347 | 52.06% | -0.17% | |
| Democratic | Joe Biden Kamala Harris | 5,259,126 | 46.48% | +3.24% | |
| Libertarian | Jo Jorgensen Spike Cohen | 126,243 | 1.12% | -2.04% | |
| Green | Howie Hawkins Angela Walker | 33,396 | 0.30% | -0.50% | |
| Write-in | 5,944 | 0.04% | -0.53% | ||
| Total votes | 11,315,056 | 100.00% | |||
| 2016 United States presidential election in Texas[31] | ||||||
|---|---|---|---|---|---|---|
| Party | Candidate | Running mate | Votes | Percentage | Electoral votes | |
| Republican | Donald Trump | Mike Pence | 4,685,047 | 52.23% | 36 | |
| Democratic | Hillary Clinton | Tim Kaine | 3,877,868 | 43.24% | 0 | |
| Libertarian | Gary Johnson | William Weld | 283,492 | 3.16% | 0 | |
| Green | Jill Stein | Ajamu Baraka | 71,558 | 0.80% | 0 | |
| Write-in | Various candidates | Various candidates | 51,261 | 0.57% | 0 | |
| Republican | John Kasich[b] | Carly Fiorina[b] | 0 | 0.00% | 1 | |
| Libertarian[32] | Ron Paul[b] | Mike Pence[c] | 0 | 0.00% | 1 | |
| Totals | 8,969,226 | 100.00% | 38 | |||
| Turnout (VAP) | 46.45%[33] | |||||
CHANGE FROM 2016-2020.
STATE TOAL- + 2,345,830, 26.2%
REPUBLICAN TOTAL- +1,205,300, 25.7%
DEMOCRATIC TOTAL- +1,381,258, 35.6%
THE REPUBLICAN AND THE DEMOCRATIC PARTIES INCREASED
THEIR COMBINED TOTALS 2,586,558 VOTES, 30.2%, WHICH IS
240,728 VOTES MORE THAN THE INCREASE FOR THE ENTIRE STATE.
WHAT IS REALLY INTERESTING IS:
THE # OF VOTES CAST FOR CANDIDATES
NEITHER REP. OR DEM. DECREASED BY : - 240,748
406,331-165,583= 240,748, OR 59.2% BETWEEN 2016-2020.
THE DECREASE IN THE # OF NON-REP./DEM. VOTES BETWEEN 2016-2020: - 240,748
IS VIRTUALLY IDENTICAL TO THE COMBINED TOTALS OF INCREASED VOTES
FOR BOTH PARTIES 2016-2020: 240,728.
SO LET'S CONSIDER THE FOLLOWING: THE STATEWIDE % OF THE TOTAL VOTE FOR
DONALD TRUMP REMAINED ABOUT THE SAME: 52.23% to 52.06% from 2016-2020,
WHILE THE DEMOCRATS INCREASED THEIR % OF THE STATE VOTE BY 43.24% TO 46.48%,
BOLSTERED BY A 35.6% INCREASE IN THE TOTAL # OF VOTES FOR THE PARTY.
...AND THEY STILL LOST TEXAS.
.
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Mitt Romney on Thursday decried the “great human tragedy” that has resulted from Donald Trump’s lack of leadership during the coronavirus pandemic and criticized fellow Republicans for politicizing mask-wearing.
“The extraordinary loss of life is heartbreaking,” the Utah senator told CNN’s Wolf Blitzer on Thursday evening. “And in some cases unnecessary. ... We’ve relaxed our standards as individuals, some states haven’t had mask mandates, and from Washington we have not had a constant, consistent plan and plea for people to wear masks, to social distance, to take all the measures that would reduce the spread of this disease.”
When asked about Republican governors dragging their feet on instituting mask mandates or social distancing measures, Romney said they needed to take the pandemic “very seriously and communicate that this is not a political matter; this is not a matter of liberty. This is a matter of safety and public health.”
Touching on the monthslong struggle within the Senate to approve a COVID-19 relief bill, Romney said he was “quite confident” that a package of some sort would be passed before the end of the year.
On Tuesday, the senator backed a bipartisan $908 billion proposal as a compromise between the $500 billion package supported by Senate Majority Leader Mitch McConnell (R-Ky.) and the $2.2 trillion one pushed by House Speaker Nancy Pelosi (D-Calif.). McConnell reportedly shot down the compromise proposal, but Romney still said he was still optimistic that portions of it would be utilized.
“We’ll see what [McConnell] incorporates in the final proposal,” Romney said. “We have a $900 billion bill; whether it becomes 800 or 700 or what the final number is uncertain. ... But I do believe that key provisions extending unemployment insurance, extending support for small businesses, vaccine distribution funds ― these elements are going to be included.”
Before the interview ended, Romney ― who was the sole Republican senator who voted to convict Trump for abuse of power in February ― added that the president’s unproven claim of widespread election fraud “strikes at the very foundation of democracy here and around the world.”
“People watch America,” Romney said. “If we can’t have a free and fair election, how can they have it in other nations of the world? This is critical for the whole cause of democracy. Russia and China have to be just laughing, smiling from ear to ear.”
Watch Romney’s full interview with Blitzer below:
