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Democracy

A lawyer explains why Trump's legal case falls flat in an entertainingly informative Tik Tok

A lawyer explains why Trump's legal case falls flat in an entertainingly informative Tik Tok

Welp. Here we are, America. Exactly where millions of us expected we would be if President Donald J. Trump didn't the win an election that he wanted, expected, and thought he was entitled to win. His refusal to concede, alleging fraud and cheating without any solid evidence, is not the least bit surprising. Heck, he told us himself that it was coming. If he lost, this was the plan all along—deny the results, claim fraud, and don't back down.

That doesn't change the fact that it's effing insane, of course, and the fact that we're sitting here watching a sitting president undermine a free election in America should be deeply concerning to every American.

Instead, we have arguments like this:

"But what about all the fraud and the stealing and the..." NO. No thank you to all of that. These are the deluded musings of a malignant narcissist who is literally incapable of admitting defeat and should not be entertained or enabled.

"But don't you care about having a fair election, with legal votes counted and illegal votes not counted?" Yes, of course. The idea that we should only count legal votes and throw out illegal votes is not some great epiphany that needs to be stated—that's literally just an election. Our states' voting systems are set up with checks and safeguards and fail-safes to make sure that that's what happens, and those system generally work as they should.

That being said, there are always some irregularities and tallying issues that pop up in every election, which is why we have processes in place to check for them. We just don't usually put a microscope-of-doubt on the process as it chugs along. That microscope has resulted in people seeing only bits and pieces of the process, which leads to erroneous assumptions at best and baseless accusations at worst. And when those assumptions and accusations are broadcast from the supposed leader of the free world, it leads to chaos, confusion, and crisis of democracy.


This is where we are. Good times.

The one thing we should all agree on is that a candidate does have the right to legal challenges if they truly do see issues that aren't being caught by the normal process. If Trump wants to throw his or his supporters' money at lawsuits, more power to him. But those lawsuits have to have actual evidence to back them, as attorney Joanne Molinaro pointed out in a viral TikTok video this weekend.

Most of us who aren't lawyers yawn at legalese, but Molinaro's entertaining and informative explanation of how this actually works is fabulous.

"Let's talk about the Federal Rules of Civil Procedure!" Molinaro begins. "First, Rule 8 and the Supreme Court requires that all complaints include FACTS, not legal conclusions. Next, let's talk about Rule 9(b), which says that fraud complaints are SPECIAL! In order to survive dismissal, a fraud complaint needs to allege who did the fraud, the date and time they did the fraud, where they did the fraud, and how they did the fraud. So general allegations like 'how could he get that many votes when no one came to his rallies?' is just not gonna cut it, honey. It also has to allege damages, i.e., enough votes were affected that it would actually change the results."

"And finally I bring to you my favorite rule!" she continued. "Under Rule 11, when you file a complaint you are making a representation to the court that the facts contained in your complaint actually have evidentiary support. If a complaint doesn't have evidentiary support or if it's unlikely to lead to evidentiary support, it will not only be thrown out, you'll be subject to sanctions!"

While holding a piece of her hair, which might just be the best part of the video, Molinaro explained, "While it's true that Rule 11 rarely gets enforced, when a lawyer starts talking 'But Rule 11??' what they're actually trying to say is that the complaint is full of sh*t."

A lack of evidentiary support is why Trump's lawsuits so far haven't gone anywhere. Many have been dismissed outright, in fact. And today The Wall Street Journal reported that the 28-member delegation of international observers invited by the Trump administration has given high marks to the way last week's elections were conducted and is criticizing President Trump for his baseless allegations of systematic fraud.

Again, the notion that the outcome of the election is illegitimate is nothing but the rantings of a man who can't handle losing and the sycophantic enablers who enjoy the power they receive in his orbit. Unfortunately, that man is the president of the United States and his words and behavior matter.

Thankfully, that won't be the case for much longer.

All images provided by Prudential Emerging Visionaries

Collins after being selected by Prudential Emerging Visionaries

True

A changemaker is anyone who takes creative action to solve an ongoing problem—be it in one’s own community or throughout the world.

And when it comes to creating positive change, enthusiasm and a fresh perspective can hold just as much power as years of experience. That’s why, every year, Prudential Emerging Visionaries celebrates young people for their innovative solutions to financial and societal challenges in their communities.

This national program awards 25 young leaders (ages 14-18) up to $15,000 to devote to their passion projects. Additionally, winners receive a trip to Prudential’s headquarters in Newark, New Jersey, where they receive coaching, skills development, and networking opportunities with mentors to help take their innovative solutions to the next level.

For 18-year-old Sydnie Collins, one of the 2023 winners, this meant being able to take her podcast, “Perfect Timing,” to the next level.

Since 2020, the Maryland-based teen has provided a safe platform that promotes youth positivity by giving young people the space to celebrate their achievements and combat mental health stigmas. The idea came during the height of Covid-19, when Collins recalled social media “becoming a dark space flooded with news,” which greatly affected her own anxiety and depression.

Knowing that she couldn’t be the only one feeling this way, “Perfect Timing” seemed like a valuable way to give back to her community. Over the course of 109 episodes, Collins has interviewed a wide range of guests—from other young influencers to celebrities, from innovators to nonprofit leaders—all to remind Gen Z that “their dreams are tangible.”

That mission statement has since evolved beyond creating inspiring content and has expanded to hosting events and speaking publicly at summits and workshops. One of Collins’ favorite moments so far has been raising $7,000 to take 200 underserved girls to see “The Little Mermaid” on its opening weekend, to “let them know they are enough” and that there’s an “older sister” in their corner.

Of course, as with most new projects, funding for “Perfect Timing” has come entirely out of Collins’ pocket. Thankfully, the funding she earned from being selected as a Prudential Emerging Visionary is going toward upgraded recording equipment, the support of expert producers, and skill-building classes to help her become a better host and public speaker. She’ll even be able to lease an office space that allows for a live audience.

Plus, after meeting with the 24 other Prudential Emerging Visionaries and her Prudential employee coach, who is helping her develop specific action steps to connect with her target audience, Collins has more confidence in a “grander path” for her work.

“I learned that my network could extend to multiple spaces beyond my realm of podcasting and journalism when industry leaders are willing to share their expertise, time, and financial support,” she told Upworthy. “It only takes one person to change, and two people to expand that change.”

Prudential Emerging Visionaries is currently seeking applicants for 2024. Winners may receive up to $15,000 in awards and an all-expenses-paid trip to Prudential’s headquarters with a parent or guardian, as well as ongoing coaching and skills development to grow their projects.

If you or someone you know between the ages of 14 -18 not only displays a bold vision for the future but is taking action to bring that vision to life, click here to learn more. Applications are due by Nov. 2, 2023.
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