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{{{{{{{U.S. District Judge Timothy Batten dismissed the lawsuit brought by former Trump attorney Sidney Powell in an attempt to decertify Georgia’s election. He said overturning the election would have amounted to “judicial activism.”

“They want this court to substitute its judgment for the 2.5 million voters who voted for Biden,” Batten, who was appointed by President George W. Bush, said in court in Atlanta. “This I’m unwilling to do.”

The decision leaves Georgia’s results intact, supporting state elections officials’ statements that there was no evidence of widespread fraud.

Georgia Secretary of State Brad Raffensperger said Monday that he’s certifying the election results again after a second recount again confirmed Biden defeated Trump.

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Powell’s lawsuit had combined a series of theories, many of them discredited, about how the election could have been rigged for Trump to lose in Georgia.

She alleged ballot-stuffing in Fulton County, vote-flipping in Ware County and a statewide statistical analysis to suggest Trump should have received more votes. Powell also falsely claimed that Georgia’s voting equipment company has ties to Venezuela and could have altered results.

Election officials have said those accusations weren’t backed up by facts.

The chief investigator for the secretary of state’s office has said video surveillance in Fulton showed “there were no mystery ballots that were brought in from an unknown location and hidden under tables,” according to her sworn declaration. No voting machines were seized or votes flipped in Ware, and a recount corrected a tabulation error, the county’s elections director has said.

“The fraud that has happened here has destroyed any public confidence that the will of the people is reflected in their vote,” Powell told Batten.

Attorneys for the state said there’s no justification to award Georgia’s electoral votes to Trump. State law requires the state’s 16 votes in the Electoral College to go to the candidate who won the popular vote, and Biden held a nearly 12,000-vote lead over Trump.

“Their claims would be extraordinary if true, but they are not,” according to a court brief by the state’s attorneys. “Much like the mythological ‘kraken’ monster after which plaintiffs have named this lawsuit, their claims of election fraud and malfeasance belong more to the kraken’s realm of mythos than they do to reality.”

Batten dismissed the case based on similar reasoning as the 11th U.S. Circuit Court of Appeals, which decided Saturday that a Trump supporter, L. Lin Wood, lacked standing to sue, and that federal courts have limited jurisdiction in cases contesting election results. Those kinds of cases should be filed in state courts, Batten said.}}}}


68 posted on 12/07/2020 11:25:43 AM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: TheBattman
“They want this court to substitute its judgment for the 2.5 million voters who voted for Biden,” Batten, who was appointed by President George W. Bush, said in court in Atlanta. “This I’m unwilling to do.”

Uh, did you read the complaint, "Your Honor"? That's still in debate. They alledge that the reported number of people in fact DID NOT vote for Biden, in fact that Biden votes are less than Trump's. So if they're right, then denying them the opportunity to prove it IS substituting your judgement for that of the voters. Dumbshit, er, Your Honor.

Related: What do you call an attorney that graduates in the bottom 5% of his class? "Your Honor"

81 posted on 12/07/2020 11:31:39 AM PST by Still Thinking (Freedom is NOT a loophole!)
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