D.C. judge says a case filed by Erick Kaardal was deeply flawed and appeared to amount to "political grandstanding."
A federal judge in Washington on Friday formally referred a Minnesota lawyer for potential discipline over a lawsuit filed in December seeking to overturn President Joe Biden’s wins in at least five battleground states.
U.S. District Court Judge James Boasberg said the suit was so flimsy and legally flawed that it could merit the attorney who filed it, Erick Kaardal of Minneapolis, facing some sort of punishment from the court.
“The relief requested in this lawsuit is staggering: to invalidate the election and prevent the electoral votes from being counted. When any counsel seeks to target processes at the heart of our democracy, the Committee may well conclude that they are required to act with far more diligence and good faith than existed here,” wrote Boasberg, an appointee of President Barack Obama.
Boasberg said Kaardal’s explanations for his actions were inadequate, so a referral to a court attorney-conduct panel was warranted.
“As he has not sufficiently allayed the Court’s concerns regarding potential bad faith, it will refer the matter to the Committee via separate letter so that it may determine whether discipline is appropriate,” the judge said.
The suit, Wisconsin Voters Alliance v. Pence, alleged that the election procedures in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin were unconstitutional because legislatures did not have the final say in certifying the victor in those states and in appointing presidential electors.
Boasberg said the case suffered from “numerous shortcomings,” including a protracted recitation of fraud allegations while disclaiming any intention to challenge that same fraud.