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Sidney Powell to Appeal Dismissal of Georgia Lawsuit [Judge said Plaintiffs Have No Standing to Sue and Filed the Case too Late]
Epoch Times ^ | 12/07/2020 | Ivan Pantchoukov

Posted on 12/07/2020 12:24:20 PM PST by SeekAndFind

The legal team led by former federal prosecutor Sidney Powell will appeal the dismissal of the election lawsuit tossed by a federal judge on Monday.

Powell told The Epoch Times in an email that they “will proceed as fast as possible to the Supreme Court.”

U.S. District Court Judge Timothy Batten dismissed Powell’s lawsuit on Dec. 7, opining that the plaintiffs have no standing to sue, should have brought the lawsuit to a state court, and had filed the case too late.

“There’s no question that Georgia has a statute that explicitly directs that elections contests be filed in Georgia Superior Court,” Batten, an appointee of President George Bush, said in explaining his decision following an hour of oral arguments in court on Monday. “They are state elections. State courts should evaluate these proceedings from start to finish.”

Batten signaled his skepticism about the lawsuit at the opening of the hearing, choosing some of the talking points emphasized by the defendants to introduce the case.

Powell filed the lawsuit on Nov. 25 on behalf of the presidential electors for President Donald Trump. One of the core allegations of the lawsuit concerns election machines and software by Dominion Voting Systems. The lawsuit cited several affiants to claim that the Dominion machines were manipulated to illegally alter the outcome of the Nov. 3 election.

“Their primary complaint involves the Dominion ballot marking devices. They say that those machines are susceptible to fraud. There’s no reason they could not have followed the administrative procedure act to object to the rulemaking authority that had been exercised by the secretary of state. This suit could have been filed months ago when the machines were adopted,” Batten said.

Plaintiffs asked the court to decertify the results of the election, a remedy the judge deemed extraordinary.

(Excerpt) Read more at theepochtimes.com ...


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections; US: Georgia
KEYWORDS: anothercrapblog; appeal; georgia; lawsuit; sidneypowell; timothybatten
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1 posted on 12/07/2020 12:24:20 PM PST by SeekAndFind
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To: SeekAndFind

W strikes again.


2 posted on 12/07/2020 12:28:12 PM PST by Phillyred
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To: SeekAndFind

UI am not sold on Powell. She and her Buddy Lawyer were telling the people of GA to boycott the recall election. That is madness and made me wonder where she was coming from. I was on her side until I heard that crap. She is going to have to retract that stuff and explain herself before I will listen to her again.


3 posted on 12/07/2020 12:29:07 PM PST by Old Retired Army Guy
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To: SeekAndFind

“Their primary complaint involves the Dominion ballot marking devices. They say that those machines are susceptible to fraud. There’s no reason they could not have followed the administrative procedure act to object to the rulemaking authority that had been exercised by the secretary of state. This suit could have been filed months ago when the machines were adopted,” Batten said.

1. We kinda thought they would pay according to Hoyle. Now that they haven’t you’re saying we should have objected to a crime that hadn’t been committed?

2. Yer a dick


4 posted on 12/07/2020 12:29:51 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: SeekAndFind

Be prepared for Trump haters disguised as Republicans (or actual Republicans who hate Trump anyway) to litter this thread with how useless this all is, and that we should just all get back on the plantation, STAT.


5 posted on 12/07/2020 12:30:36 PM PST by Golden Eagle (Born Free, as free as the wind blows..... https://www.youtube.com/watch?v=Jg9558phUwg)
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To: SeekAndFind

Standing. The no justice system.


6 posted on 12/07/2020 12:30:53 PM PST by Nuc 1.1 (Liberals aren't Patriots. Remember 1789! )
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To: SeekAndFind

This is funny ‘cuz if they had filed the suit within the timeframe the judge indicated, it would have been dismissed as with ‘no standing’ because the plaintiffs had not been hurt yet...


7 posted on 12/07/2020 12:31:05 PM PST by Little Ray (The Left and Right no longer have anything in common. A House divided against itself cannot stand.)
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To: SeekAndFind

If Chinese 5000 eyes corroborated with US intel...

If, if, if, if...

https://www.youtube.com/watch?v=_TlIrjugukY

Imagine...

https://www.youtube.com/watch?v=EJ72bYyEtBg

/foggy idea


8 posted on 12/07/2020 12:32:50 PM PST by PGalt (Past Peak Civilization?)
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To: Old Retired Army Guy

First you threaten to boycott the election <— We are here
Then you actually boycott the election
Then you don’t consent to the government
Then you prevent its agents from exercising control over territory and people

Why should Guaido boycott the Venezuelan elections but not Georgians?


9 posted on 12/07/2020 12:32:59 PM PST by cmj328 (We live here.)
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To: SeekAndFind

Any citizen has a stake in this.

Is the judge a foreign national?


10 posted on 12/07/2020 12:33:50 PM PST by DoughtyOne (I'm calling for terrorist and criminal reform. Defund them now.)
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To: SeekAndFind

At this point I am not overly concerned with the Lin Wood case being denied at the 11th Circuit Court and the Sidney Powell case being denied this morning in a Fed District Court.

Both were filed in the Federal Courts. If this election mess ever gets to the SCOTUS, the Trump Team can probably argue that other plaintiffs tried to bring the issues via the Federal Courts but were denied. Not being a lawyer—not sure if that matters.

The Trump Team has its lawsuit in the GA State Courts against Fulton County et al. If the GA State Courts drag their feet in any ruling, that seems to benefit the Trump Team in any arguments with SCOTUS should SCOTUS actually do anything.


11 posted on 12/07/2020 12:34:20 PM PST by Presbyterian Reporter
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To: SeekAndFind

good. has to go to the USSC asap.


12 posted on 12/07/2020 12:35:43 PM PST by dadfly
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To: cmj328

There will always be a certain amount of people who will consider it crucial to vote for politicians who throw elections for the opposition, inexplicably. This is somehow twisted into being pragmatic. Moribund Mitch is counting on people like this, who are afraid to live without his protection and wholesome goodness.


13 posted on 12/07/2020 12:38:57 PM PST by Chunga85 (Where are the "non-rinos"?)
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To: SeekAndFind

Hey Chiefs...

The Art of War and The Art of the Deal vs The Art of the Steal

It’s time


14 posted on 12/07/2020 12:42:15 PM PST by PGalt (Past Peak Civilization?)
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To: dadfly

Clarence Thomas is over Georgia, the way Sam Alito is over Pennsylvania


15 posted on 12/07/2020 12:42:32 PM PST by BigEdLB (All animals are equal, but some are more equal than others-George Orwell)
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To: Phillyred

All fraud suits are being dismissed for the same reasons. ‘No Standing’, and failed timely filing or ‘Laches’. This is Catch-22. If attempting litigation before an election...the same judges would throw it out for ‘lack of standing’ because there would be no ‘outcome’ that was contested because the election had not taken place. But waiting till after an election incurs the ‘laches’ dismissal for refusing to file timely. Likewise LIBERAL Fed Judges have no problem overriding STATE election laws using the Equal Protection Clause, but ‘CONSERVATIVE’ Fed Judges like this one say ‘no standing’ because this is a State Issue. No Equal Protection for conservatives..ever!
The courts have designed the perfect Catch-22 for never fixing election fraud, and the demorats know it and have exploited it so there will never be a fair election again. No one should expect the SC to fix this either based on how all this has gone so far.
The only way to fix this is for state legislatures to mandate voter ID and only in-person voting. Mail in voting and ballot harvesting should be banned, and absentee voting should be strictly controlled with numerous ID checks and witnesses. Of course this will be struck down by some liberal court, so once again the fraud will continue. There really will never be another honest election in this country. The Republic is dead.


16 posted on 12/07/2020 12:44:06 PM PST by SDShack
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To: SeekAndFind

I would submit that the steal was across state lines and there our votes are not .87, giving anyone in America whose vote was tabulated on a Dominion system “Standing”.


17 posted on 12/07/2020 12:45:30 PM PST by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.for corruptiion)
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To: BigEdLB

Justice Thomas has some serious Democrat payback to meter out.


18 posted on 12/07/2020 12:48:27 PM PST by reviled downesdad (Some of the lost will never believe the Truth.)
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To: SDShack

The only way to fix this is for state legislatures to mandate voter ID and only in-person voting.


Why don’t Republican legislatures simply elect Republican electors?


19 posted on 12/07/2020 12:49:20 PM PST by TTFX
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To: BigEdLB
Clarence Thomas is over Georgia, the way Sam Alito is over Pennsylvania

That just means those justices have the ability to institute some emergency injunctions when appropriate - and even those injunctions could be appealed to the whole court. Those justices don't get to dictate things to those states or decide on their own to take cases. You'd need an entire Supreme Court hearing/case/decision to change things, and there's a real time problem with safe harbor tomorrow and EC voting in 4 business days.

Even on an expedited schedule the shortest court case takes 3 days to hear/complete.
20 posted on 12/07/2020 12:49:41 PM PST by Boise3981
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