Marc Elias, whom former president Donald Trump once called Democrats’ “best Election stealing lawyer,” was rebuked by the 5th Circuit Court of Appeals for attempting to file an identical motion to one that had already been denied when it was filed months ago by the same attorneys.
Elias and his legal team “violated their duty of candor to the court” by neglecting to disclose the prior judgment, said the sanction order.
The court required attorneys for to pay legal fees and double the court costs to the state of Texas.
Deomcrat plaintiffs, including the Democratic Senatorial and Congressional campaign committees, were attempting to fight a state law that banned straight-ticket voting.
Elias claimed that he has resubmitted the rejected motion because he thought its denial no longer applied.
“Appellees’ only explanation for their redundant and misleading submission is that they construed the original denial of their motion to supplement the record as an order that applied only to the emergency stay proceedings,” said the court. “…There is no legal basis to support Appellees’ post hoc contention that motions to supplement the record apply only to one stage of an appeal.”
In addition to the financial sanctions, the court also suggested that the attorneys do their homework by brushing up on the court’s ethical guidelines.
“The attorneys listed on the motion are also encouraged albeit not required to review Rule 3.3 of the Model Rules of Professional Conduct (Candor Toward the Tribunal) and complete one hour of Continuing Legal Education in the area of Ethics and Professionalism, specifically candor with the court,” said the decision.
“Further violations of this court’s rules may subject the attorneys to further sanctions under this court’s inherent powers,” it added.
Among the things Elias is most notorious for is commissioning the Steele dossier on behalf of the Hillary Clinton campaign to smear Trump with accusations of Russian collusion.
Yet, Elias often has found himself at the pinnacle of hypocrisy as he plays loose with ethical principles to secure favorable outcomes for Democrats.
After arguing against the practice of ballot harvesting in a 2018 election challenge to a Republican in North Carolina, he reversed himself by coming out in favor of it during the 2020 election.
In the aftermath of the most recent election, as Democrats repeatedly sought to deny Trump’s allegations of vote fraud, Elias attempted to claim the machines in a New York race had under-counted the Democrat candidate using those exact arguments.
Likewise, after long maintaining that Trump could not use Congress to reverse the outcome of his own race against Joe Biden, House Democrats are now seeking to do just that in an Iowa race in which Republican Rep. Mariannette Miller–Meeks defeated Democrat incumbent Rita Hart by a margin of six votes.
Elias is representing Hart in her efforts to reverse the outcome, claiming that some ballots were improperly discarded.
“It’s not surprising that Rita Hart would hire an ethically-challenged lawyer to help her try and steal an election,” said Mike Berg, spokesman for the National Republican Congressional Committee.