DannyTN's summary of Sidney Powell's GA filing

Self ^ | 11/26/2020 | DannyTN

[DannyTN]

The link leads to the full filing. The summary below is my own.

Here is my summary of the counts in Sidney's Georgia filing, I may have missed some. Especially count 5 where I stopped after a lot seemed repetitive. I also did not try to capture all of the estimated counts in the filing. The request for relief at the end was not summarized and posted verbatum.

Count 1 Defendents violated the Elections Clause and 42 U.S.C Rule changes and cure procedures conflict with state legislation.
This count includes

• workers not following procedures when counting,
• mail-in ballots sent to people who had not requested them,
• votes from people who had moved out of state

Count 2 Denial of Equal Protection. Secretary of State and Georgia counties violated the 14th Amendment, 42 U.S.C. § 1983

This count includes

• Opening ballots prior to election day in violation of legislative statute,
• improper procedures with lack of auditable logs,
• a large number of identical pristine ballots that were likely fraudulent,
• breach of chain of custody of voting machines the night before the election,
• failure to treat voters in all counties the same,
• the banning of observers,
• not allowing observers to review all envelopes,
• use of Dominion Democracy Suite software,
• workers switching votes from Trump to Biden,
• allowing ineligible ballots to be counted,
• use of Dominion software which allowed eligible ballots to be switched between candidates or lost altogether.

Count 3 Denial of Due Process 14th Amendment § 1983 Disparate treatment of Absentee/Mail-In Voters among different counties.
subjecting one class of voters to greater burdens or scrutiny than another.

Count 4 Denial of Due Process on the Right to Vote 14th Amendment Art 1 § 4, CL. 1; Art II § 1, Cl.2; Amend 16 U.S.C. § 1983.
This count includes all previous allegations,

• failure to count legal votes,
• failure to count votes free from distortion by illegal votes,
• failure to verify signatures,
• abnormally low signature rejection rate compared to states which have had mail-in voting for years.

Count 5 There was Wide-Spread Ballot Fraud OCGA 21-2-522
This count includes all previous paragraphs.

• Enough irregular ballots exist to put the election in doubt.
• Glitches in the Dominion system have uniform effect of hurting Trump and helping Biden.
• Fraudulent acts show votes being switched from Trump to Biden during the recount,
• lack of procedures to follow the election code,
• use of Dominion despite evidence of serious vulnerabilities,
• misrepresentations about a pipe burst that sent everyone home,
• while some poll workers remained and kept working on the machines,
• failure to maintain logs on the voting system for a genuine and sound audit,
• ballots received that were never requested,
• third parties voted an untold number of unlawfully acquired absentee or mail-in ballots,
• 20,311 voters had registered as having moved out of state,
• at least 96,600 mail-in ballots were fraudulently cast,
• 136,098 ballots were illegally counted as a result of improper manipulation of the Dominion software,
• mail in ballots were requested by 3rd parties or sent erroneously to persons and voted fraudulently,
• undetected by a failed system of signature verification

For these reasons, Plaintiff asks this Court to enter a judgment in their favor and provide the following emergency relief:

• 1. An order directing Governor Kemp, Secretary Raffensperger and the Georgia State Board of Elections to de-certify the election results;
• 2. An order enjoining Governor Kemp from transmitting the currently certified election results to the Electoral College;
• 3. An order requiring Governor Kemp to transmit certified election results that state that President Donald Trump is the winner of the election; 101
• 4. An immediate order to impound all the voting machines and software in Georgia for expert inspection by the Plaintiffs.
• 5. An order that no votes received or tabulated by machines that were not certified as required by federal and state law be counted.
• 6. A declaratory judgment declaring that Georgia Secretary of State Rule 183-1-14-0.9-.15 violates the Electors and Elections Clause, U.S. CONST. art. I, § 4;
• 7. A declaratory judgment declaring that Georgia’s failed system of signature verification violates the Electors and Elections Clause by working a de facto abolition of the signature verification requirement;
• 8. A declaratory judgment declaring that current certified election results violates the Due Process Clause, U.S. CONST. Amend. XIV;
• 9. A declaratory judgment declaring that mail-in and absentee ballot fraud must be remedied with a Full Manual Recount or statistically valid sampling that properly verifies the signatures on absentee ballot envelopes and that invalidates the certified results if the recount or sampling analysis shows a sufficient number of ineligible absentee ballots were counted; 102
• 10. An emergency declaratory judgment that voting machines be Seized and Impounded immediately for a forensic audit—by plaintiffs’ expects;
• 11. A declaratory judgment declaring absentee ballot fraud occurred in violation of Constitutional rights, Election laws and under state law;
• 12. A permanent injunction prohibiting the Governor and Secretary of State from transmitting the currently certified results to the Electoral College based on the overwhelming evidence of election tampering;
• 13. Immediate production of 36 hours of security camera recording of all rooms used in the voting process at State Farm Arena in Fulton County, GA from 12:00am to 3:00am until 6:00pm on November 3.
• 14. Plaintiffs further request the Court grant such other relief as is just and proper, including but not limited to, the costs of this action and their reasonable attorney fees and expenses pursuant to 42 U.S.C. 1988.

[Mr. K]

That’s fine if they did wipe the machines.

In court of law if you are required to maintain documentation but you do not, it can be assumed that the information was bad for your case.

[DannyTN]

"What happens with that filing? Does a judge go through each count and accept or reject it, and give reasons for the acceptance or rejection?"

I imagine that the lawyers for the defendants get to file a response. And then any statements of fact that are challenged by the defendants will probably result in a hearing.

The judge will then go through the counts accept or reject each and decide what relief is warranted.

Or the judge can summarily dismiss the suit like the PA judge did, and it gets appealed to the circuit court.

Like the lawyers said about the PA suit, whichever side loses will appeal and the appeals will end up going to the Supreme court. And the Supreme court will end up ruling on it.

In the meantime, Trump's lawyers are recommending to legislatures to take back their constitutional power that they delegated to the Secretaries of State and step in and declare the election failed and to vote themselves on which electors to send. Watch the PA hearing on 11/24 to see the lawyers recommend that several times to the PA legislative committee hosting the hearing.

If the state legislature acts, then the courts will likely defer to the state legislature. If not the courts will rule one way or another.

[jmacusa]

The guns are loaded. Time to fire. I’m praying for a miracle and Trump is back in The White House.

[politicket]

I think this suit gets tossed in GA

Agreed. But I don't think it will from the Appellate Circuit.

[pollywog]

Wow! Thank you so much for taking the time to write this all
out for us.

[Teacher317]

The 14th Amendment specifically mentions consequences like denying funds to those in violation, and even reducing their states’ representation in Congress.

[mazz44]

Injury in Fact, Causation and Readressability are the requirements in Federal Court. All information included in the case filing fullfill such requirements. The issue will come down to “Remedy”. Which, most likely will be kicked down the road to the Supreme Court. Unless, courage grips the lower courts.

[RummyChick]

I have told you that the issue of standing is complicated. I don’t go into the weeds on it.

Deciding Standing it is a bit of an art form....and often litigated up the chain.

Do you your own due diligence to understand it.

[Gideon7]

The PA legislature will be too chicken to act.

[kanawa]

👍

[Extremely Extreme Extremist]

Great job, thanks.

[DannyTN]

Maybe but the PA legislative committee wasn’t too chicken to hold a public hearing on it.

To the extent that people can get around the censuring and watch the hearing, then the facts are out there now. How will they be viewed if they don’t act.

[thinden]

great job dannyTN.

you made it easy to read & understand.

too bad attorneys can’t do this.

[EinNYC]

Thanks for doing this for us, Danny. You did a great job in making a lot of complex info accessible for others.

[DannyTN]

too bad attorneys can’t do this.

You would think a nice summary would help their cases. I got to believe a judge would appreciate it.

[gloryblaze]

ping

[kiryandil]

I hate to say it, but that non-legal reasoning may trump all of the legal issues. It sounds exactly the way Roberts would think, i.e.,: "These allegations, if true, would so upset our notions of fairness and democracy, would so likely lead to civil unrest if acted upon, that it would be dangerous to give them a hearing."

The Eloi on Twitter and in Antifa may make a lot of noise - but wait'll the Morlocks with the guns decide that Roberts' "laws" don't apply to them any more.

And start holding the banana-republic overseers DIRECTLY responsible, while avoiding their gunthug enforcers...

[Scott from the Left Coast]

“ It sounds exactly the way Roberts would think”

Yeah Roberts will think that way, sure enough. He can write a dissent to the 5-4 majority ruling.

[damper99]

Good luck with the filings. Judges will toss them out even if they have merit. In terms of preventing Biden from being sworn in, it’s all a waste of time.

[Boomer]

If there is no rule of law, there is no rule of law.

I'm thinking the same thing. If this criminal conspiracy to subvert our lawful elections is not corrected then we no longer need courts or politicians. It will be anarchy with the only the strongest surviving and many of them will perish in the civil war. In fact it will be the pols who are targeted first most likely since they and the courts will be responsible for allowing it to happen in a country that's supposed to be ruled by law; not intimidation.

Seriously; if this farce isn't corrected we will be in a De facto asymmetric civil war that will build into nationwide unrest. The politicians haven't seen the right get pissed yet but they will if this is left as is.