Posted on 12/06/2020 9:22:21 AM PST by Kaslin
For the non-lawyers who read these articles, it has probably become dizzying trying to keep straight all the different lawsuits being filed in state and federal courts in Pennsylvania, Wisconsin, Michigan, Arizona, Nevada, and Georgia.
To add to your confusion, the Trump Campaign filed another lawsuit yesterday in Fulton County seeking to “contest” the vote count in that County. The lawsuit itself is embedded in the story at that link.
In this story two weeks ago I said the Trump campaign had a chance to reverse the outcome of the vote in Georgia. I wrote in that story that the Campaign seemed to be employing an analytical approach that targeted the legality of a significant number of “mailed-in” ballots based on improper voter registration information. At that point in time the Campaign reported that it had uncovered a couple thousand ballots cast by voters who did not provide a legitimate residence address on their application. They also reported that they were looking closely at whether newly registered voters were also registered — and actually lived — in another state. At that point the indication was that the campaign was still in the early stages of its investigation of these kinds of issues.
The margin of Biden’s “win” in Georgia was only slightly more than 10,000 votes. If there was wide-spread registration by Democrat party interest groups of ineligible voters, and then widespread use of “mail-in” ballots by those same voters to take advantage of seemingly non-existent efforts to enforce “ballot integrity” measures that were passed along with expanded “mail-in” voting.
It seems to me that the campaign has, for the most part, rightly focused on filing actual election “contest” lawsuits in state courts — the method by which the votes cast and vote count is traditionally challenged — while leaving it for Rudy Giuliani and Sidney Powell to pursue the “systemic fraud” claims that involved potential foreign penetration and vote shifting through the Dominion election system devices and software. They have filed lawsuits making those allegations in various federal courts on federal statutory and constitutional grounds, but with little in the way of success because the Campaign has not joined them.
One state where the Campaign has had little luck in seeking to contest the outcome under state law is Pennsylvania. The campaign’s ability to do so in that state has been compromised by the Penn. Supreme Court handing down multiple decisions that undercut every basis for finding vote irregularity that the Campaign has been able to raise. Admittedly, the efforts in Pennsylvania have been a mess from the beginning, but the vote margin in Pennsylvania — unlike Georgia and Wisconsin — has been so large as to not give the Campaign any meaningful chance of success playing “small ball” — looking for pockets of illegal votes that aggregate to a number large enough to put the outcome of the election in doubt.
But the Giuliani and Powell effort has been effective from a “PR” standpoint as the stories told by witnesses about voting and vote counting irregularities have taken root in the public’s consciousness. They have brought legal actions in more than one state based on the same set of allegations and evidence — largely anecdotal, largely conclusory — that they have presented in the public hearings before legislative committees in Pennsylvania, Georgia and Arizona. The legislatures of all three states are controlled by the GOP, and hopefully the impact of the information is great enough to convince those states to abandon “mail-in” voting.
Let’s return now to the action filed yesterday in Fulton County. Within the allegations of the 64 page Complaint the Trump campaign claims they have witness testimony for the courtroom that will identify “illegal” votes in the following numbers:
Let’s return now to the action filed yesterday in Fulton County. Within the allegations of the 64 page Complaint the Trump campaign claims they have witness testimony for the courtroom that will identify “illegal” votes in the following numbers:
Under the Georgia election code, these issues are now subject to a courtroom trial where documentary evidence will be presented, and witnesses will testify and be cross-examined. A Judge will make a determination as to each claim. That outcome can then be appealed through the regular appellate process.
It does strike me as a curious choice that the Campaign opted to file in Fulton County. My reading of the election statute is that they could have filed in any county where votes were being challenged, and the Judge in that County could have made similar determinations about vote counting in other counties too.
There are 20 Superior Court Judges in Fulton County. All Judges stand for re-election in non-partisan races. I have no specific information about the Judges of Fulton County, but you would expect that they would reflect in significant degree the politics of the community that elects and re-elects them to the bench. So I am surprised that the Campaign would chose to file there when it seems that they could have selected a county less prominently aligned with the Democrat Party.
Noteworthy is that the relief requested in the complaint does not include the simple request to remove invalid votes from the vote total of Joe Biden, and determine the winner of the contest accordingly. The relief requested includes, among other things, a Declaratory Order from the Court that the State Officials decertify the election results, and that that the State be ordered to conduct another Presidential election as soon as possible.
In my earlier story on the process for contesting an election outcome in Georgia I noted this potential issue:
Here is what the statute says:
“(d) Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, election, or runoff to be conducted among all of the same candidates who participated in the primary, election, or runoff to fill such nomination or office which was declared invalid and shall set the date for such second primary, election, or runoff.”
The statute does not provide that the loser of the election who prevails in the election contest shall be declared the election winner. Rather, the remedy is to void the election results.
If the law in PA says that both parties must have access to examine the ballots including the signatures and the Republicans were thrown out I don’t see how any of these ballots can be considered in the count. This is hundreds of thousands of ballots. Why is this so hard for the judges to understand? They wouldn’t play in a casino that wouldn’t let them see the house’s cards so why should Republican voters?
here is the link to the actual lawsuit—
Have the feeling that in many cases, the judges just flat-out don’t WANT to understand.
Bad idea for them to have that mindset, in light of how 75-80 million people or more feel about it.
A LAWFUL election is conducted according to the state’s election laws [that do not conflict with the US Constitution]. There seems to be too little time to re-run an election and meet the dates set in Federal law for an inauguration.
I confess I am not sure whether the Federal laws allow for a delay in the inauguration that would accommodate a state’s do-over election.
FROM THE LAWSUIT-—
The Georgia Supreme Court has made clear that it is not incumbent upon Petitioners to
show how voters casting irregular ballots would have voted had their ballots been regular.
Petitioners “only [have] to show that there were enough irregular ballots to place in doubt the
result.” Mead v. Sheffield, 278 Ga. 268, 271, 601 S.E.2d 99, 101 (2004) (citing Howell v. Fears,
275 Ga. 627, 628, 571 S.E.2d 392, 393 (2002)).
In a sane world, this would invalidate the results in Fulton County, probably even the entire state. Unfortunately, we do not live in a sane world and there is no rule of law, I speak from experience. It’s up to the people to take action, but I don’t see that occurring.
would
this pertain to the senate race
“”If there was wide-spread registration by Democrat party interest groups of ineligible voters, and then widespread use of “mail-in” ballots by those same voters to take advantage of seemingly non-existent efforts to enforce “ballot integrity” measures that were passed along with expanded “mail-in” voting.””
AND - I’m waiting for someone to finish that rambling sentence. IF - then what?
Judge: “Case dismissed.”
The American legal system in 2020.
Voter fraud being exposed and politicians trying to cover their rectums!! Please help this go viral!
https://www.youtube.com/watch?v=26Nm5wP3BNQ
This WITNESS Deserves A MEDAL! “I signed something and if I am wrong I go to PRISON, did YOU?”
FROM THE LAWSUIT—
The results of an election may be set aside when a candidate has “clearly established a
violation of election procedures and has demonstrated that the violation has placed the result of
the election in doubt.” Martin v. Fulton Cty. Bd. of Registration & Elections, 307 Ga. 193-94, 835
S.E.2d 245, 248 (2019) (quoting Hunt v. Crawford, 270 GA 7, 10, 507 S.E.2d 723 (1998)
(emphasis added).
It has nothing to do with logic, facts or the law. It is about cowardice.
This is a political hot potato. The cowards are passing it off as fast as they can.
The left went so big on this it would totally collapse the system if it was ruled invalid.
Hence the gutless jurists.
FROM THE LAWSUIT-—
This is new. Before the Trump Team only said that underage kids had illegally Registered to Vote. Now they are claiming underage kids actually voted.
In violation of O.C.G.A. § 21-2-216(c), Respondents, jointly and severally, allowed at least
66,247 underage—and therefore ineligible—people to illegally register to vote, and subsequently
illegally vote. See Exhibit 3.
FROM THE LAWSUIT-—
This is also new. It was not a case of a person legally voting and then dying. No. 8,718 people had died before any voting could legally take place. And for the few others they could have legally voted and then died before Nov 3
In violation of O.C.G.A. § 21-2-231(a)-(b) and (d), Respondents, jointly and severally,
allowed as many as 10,315 or more individuals to vote who were deceased by the time of Election
Day. See Exhibit 3.
Of these individuals, 8,718 are recorded as having perished prior to the date the State
records as having accepted their vote. See Exhibit 3.
GEORGIA
Senators Introduce Petition to Call Special Session
PETITION.call and convene.SENATE.pdfPETITION.call and convene.SENATE.pdf
PETITION.call and convene.HOUSE.pdfPETITION.call and convene.HOUSE.pdf
(December 5, 2020) | Saturday, Sen. William Ligon (R – Brunswick), Sen. Greg Dolezal (R – Cumming), Sen. Brandon Beach (R – Alpharetta) and Sen. Burt Jones (R – Jackson) drafted a Petition calling for and convening a Special Session. The petition serves as notification to Governor Brian Kemp and Secretary of State Brad Raffensperger that an emergency exists such that a session of the General Assembly is being called for and convened on Tuesday, December 8, 2020, at 10:00 A.M. in order to attend to such emergency and for all purposes provided for pursuant to Article II, Section 1 of the Constitution of the United States.
This Petition comes after the Senate Judiciary Subcommittee was inundated with affidavits, signed under penalty of perjury, from citizens all over the state who testified to blatant election fraud and many violations of the law that have taken place during the 2020 General Election as well as during the follow-up recounts.
“We recognize our duty to move forward with this Petition due to the level of fraud and violations of law which took place during this 2020 election cycle. We urge others to join us,” stated Sen. Ligon. “We need at least 29 signatures in the Senate on the Petition before 9 AM, Tuesday, December 8, 2020. A similar Petition in the House requires at least 91 signatures by that same time. Now is the time to call your senators and representatives to stand up and be counted on this effort to restore integrity in the election.”
As the Petition makes clear, testimonial and other evidence given before the Georgia Senate Judiciary Subcommittee demonstrated a systemic failure to observe Georgia Election laws. Underage individuals and convicted felons registered and were allowed to vote. People voted who were not listed in the state’s records as having been registered to vote. Voters who moved to a different county more than 30 days prior to the election and failed to re-register were allowed to cast votes. Voters registered using bogus addresses such as UPS facilities and other stores, yet their votes counted. Ballots of individuals who were deceased prior to Election Day counted. Over and over again, ballots were counted outside the view of poll watchers or designated monitors, defying the law. Even the law itself was modified by an unconstitutional agreement which weakened signature verification requirements for absentee ballot applications and absentee ballots as set out in Code Sections 21-2-381 and 21-2-386.
According to committee members, that was just a part of the testimony that came before them and much more is still being submitted. Any certification of electors by the Governor of Georgia or the Georgia Secretary of State in light of such systemic failures, the Petition states, would not be in conformity with the Georgia Election Code enacted by the General Assembly pursuant to its plenary power. Therefore, following Supreme Court guidance in Bush v. Gore, 531 U.S. 98 at 104, a state legislature, “after granting the franchise in the special context of Article II, can take back the power to appoint electors.”
“We believe we have reached the point that the results of this election are untrustworthy,” stated Sen. Burt Jones. “Such pervasive disregard for election laws by our election officials requires a decisive response. It is time for our legislative body to do its job.”
# # # #
Sen. Brandon Beach is Chairman of the Transportation Committee. He represents the 21st Senate District which includes portions of Cherokee and Fulton counties. He can be reached at 404.463.1378 or by email at brandon.beach@senate.ga.gov.
####
Sen. Greg Dolezal represents the 27th Senate District, which includes parts of Forsyth County. He may be reached by phone at 404.656.7127 or via email at greg.dolezal@senate.ga.gov.
# # # #
Sen. William Ligon Jr. serves as Chairman of the Banking and Financial Institutions Committee. He represents the 3rd Senate District which includes Brantley, Camden, Glynn, and McIntosh counties and portions of Charlton County. He can be reached by phone at 404.463.1383 or by email at william@senatorligon.com.
# # # #
Sen. Burt Jones is the Chairman of the Insurance and Labor Committee. He represents the 25th Senate District which includes Baldwin, Butts, Greene, Jasper, Morgan and Putnam counties and portions of Bibb, Jones and Walton counties. He may be reached at 404.656.0082 or via email at burt.jones@senate.ga.gov.
http://secure.campaigner.com/csb/Public/show/5is4-2bzvwo—sn1lc-qkxshy9
I think the big legal hurdle will be fashioning a remedy.
Granted, there are mountains of evidence supporting the claims of fraud. No rational human can seriously dispute that, no matter how hard they try. In fact, the harder they try to pitch *no widespread cheating*, the more ludicrous it becomes. “ Not suitcases! Official Georgia State Ballot Holders!”
However, will overturning a presidential election ultimately prove to be the *only* legally appropriate remedy?
You can already predict that John Rattlesnake Roberts will spew some inane “balancing of the equities” crap. He will conclude that though there is compelling evidence of *some irregular voting*, the greater public interest is served by protecting the stability of our government, blah, blah, blah. Count on it.
Dems and fake news have been softening the ground for this via their psyop, ie making believe that Biden won the election and play acting as if he did.
Proving the cheating is easy. But, is there good law that mandates unwinding the election? How? Is it declared a nullify, thereby canceling *everyone’s* votes? What are the actual mechanics involved?
Incredible though it may be, there are misguided morons who actually *intended* to vote for Biden. Not many, of course but, we can’t toss out their votes, even though it’s for their own good.
The lower courts can point out that legal remedies for fraud exist on the state levels.
The state legislatures *could* have cowboyed up but, their aspirations to someday run on the Pierre Delecto Party ticket got the better of them.
The only path I can see would require a showing by a preponderance of evidence that “but for” the unlawful votes, President Trump would have won. The identified illegal votes would have to be the *only* reason the President was not re-elected.
This is a steep hill to climb and will require a lot of coordination. All of the state investigations will have to be synced up and the data aggregated. Will we have enough *provable* numbers?
There can be a quantum gap between what we know and what we can prove in court.
Remember, we are the plaintiffs. We’re the ones dragging all parties into court and forcing them to spend a lot of money. The onus is on us to prove our claims and convince SCOTUS that undoing the election is the *only* reasonable remedy.
FROM THE LAWSUIT-—
The new math. 1 million more absentee ballots received and 1000 fewer ballots rejected.
The state received over a million more ballots in the Contested Election than the 2016 and
2018 General Elections. Id.
156.
The number of returned absentee ballots that were rejected in the Contested Election was
4,471, yielding a 0.34% rejection rate. Id.
Page 36 of 64
157.
The number of returned absentee ballots that were rejected in the 2016 General Election
was 6,059, yielding a 2.90% rejection rate. Id.
158.
The number of returned absentee ballots that were rejected in the 2018 General Election
was 7,889, yielding a 3.46% rejection rate. Id.
They did NOT like her. She has a flamboyant personality, but she tells it like she sees it and that board hated that. They wanted to blow her off completely.
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