Attorney General Bill Schuette (file photo)
Attorney General Bill Schuette (file photo)
Update, 7:40 p.m.: Perhaps befitting of a presidential election that was full of drama and twists, federal and state courts issue rulings today that directly clash. Still, the recount continued.
The U.S. Court of Appeals rules that the recount could continue. Soon after, the Michigan Court of Appeals says the recount request shouldn't have been granted because Green Party nominee Jill Stein has no legal standing in the matter, Tresa Baldas, Kathy Gray and Paul Egan of the Detroit Free Press report.
Original article, Tuesday morning
Michigan Attorney General Bill Schuette on Tuesday sharply criticized the federal judge who gave the green light for the state recount to begin on Monday, saying it is a matter of state law, not federal.
Schuette said he is attempting to join in a federal appeal of the order by U.S. District Judge Mark Goldsmith, a 2010 appointee of President Barack Obama, Paul Egan of the Detroit Free Press reports. Donald Trump's attorneys are also trying to derail the recount.
Schuette, commenting on Goldsmith's decision that came just after midnight on Monday, called it "a midnight hour, Eric Clapton," stealth ruling. Clapton has a song called "In the Midnight Hour."
The Freep reports:
Although a ruling on federal constitutional law takes precedence over a state court ruling, Schuette said his attorneys plan to aggressively argue to stop the recount at a hearing in the Michigan Court of Appeals today, because the issue at hand is one of state law, not federal law. If there are conflicting rulings from state and federal court, the case could ultimately end up in front of the U.S. Supreme Court, he said.
"Michigan law prevails," Schuette said. "You can't make up -- like the federal judge is attempting to do -- a constitutional right to a recount."
