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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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To: SeekAndFind

This should have been a Trump case, not independent attorney and electors.


21 posted on 12/07/2020 12:50:09 PM PST by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Workers)
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To: Vendome

Had nearly identical thoughts. Not sure where this Department of Pre-Crime comes from... Is the Judge related to Kreskin?


22 posted on 12/07/2020 12:53:36 PM PST by Dead Corpse (A Psalm in napalm...)
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To: Little Ray

Catch 22


23 posted on 12/07/2020 12:55:02 PM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: PGalt

If ifs and buts were candy and nuts we’d all have a Merry Christmas


24 posted on 12/07/2020 12:56:39 PM PST by Bob434
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To: SeekAndFind

To summarize the court: Actual fraud is not a ground for a complaint.


25 posted on 12/07/2020 12:57:29 PM PST by Petrosius
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To: DoughtyOne

No - he is a George W. Bush appointee though.


26 posted on 12/07/2020 1:04:16 PM PST by sipster
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To: SeekAndFind
All these judges seem to be arguing that there is no way to adjudicate a fraudulent election using the legal system.

I doesn't appear to me they have thought through the consequences of that argument.

27 posted on 12/07/2020 1:08:06 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: pierrem15

Same difference. Smile...


28 posted on 12/07/2020 1:11:38 PM PST by DoughtyOne (I'm calling for terrorist and criminal reform. Defund them now.)
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To: pierrem15

We’re going to run out of lamp posts


29 posted on 12/07/2020 1:15:40 PM PST by Dead Dog
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To: Old Retired Army Guy

You don’t have to be SOLD on Powell, or Wood, or any other litigator fighting for Trump. All you have to know is whether she has the evidence. While technicalities are important, the judges are not even looking at the evidence. If the Republican electors do not have standing and will suffer harm, who does? Why can’t a fraud case during a federal election be brought in Federal court? What are your opinions on the issues?


30 posted on 12/07/2020 1:17:15 PM PST by Savage Rider
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To: TTFX

Think long term. If you just have legislatures appoint electors that may fix this fraud for POTUS, but that becomes the standard going forward because EVERY election (even down ballot elections) will have charges of fraud. Also if Repugs can do it in swing states they control, so can Dems in swing states they control. So voting by the people will never matter again. That is not the solution. Fraud free voting by the people is the ONLY solution. Just look at 3rd World Elections. Voter Roll, Voter ID, Election Monitors, Paper Ballot, Purple Finger Dye. Simple but effective. We are so bad we can’t even compete with 3rd world elections.


31 posted on 12/07/2020 1:21:28 PM PST by SDShack
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To: DoughtyOne; Dead Dog
I saw a video of a patriot rally today in WA or yesterday where they were attacked by Antifa as usual.

This time they fought back much more aggressively. One guy with the patriots fired a pistol and an Antifa guy was grazed.

Of course the cops arrested the patriot, even though their right to protest was violently attacked by Antifa.

This is a powderkeg waiting to go off. And if the cops kreep siding with Antifa, they'll soon be shot often enough to learn to call in sick whenever there's a demo.

32 posted on 12/07/2020 1:26:48 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: Old Retired Army Guy

The thing with the ‘Spider’ “expert witness” in Arizona was just bizarre.
https://twitter.com/bradheath/status/1336027651623055360/photo/1


33 posted on 12/07/2020 1:29:09 PM PST by RedStateRocker (Nuke Mecca. Deport all illegals. Abolish the DEA, IRS and ATF,.)
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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.

Courts have thrown that out over and over again.

34 posted on 12/07/2020 1:55:30 PM PST by cmj328 (We live here.)
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To: cmj328

That should be appealed. State legislatures have the absolute right to make their own rules for elections.

If getting a voter ID is so hard then just add that to the bill.


35 posted on 12/07/2020 1:57:30 PM PST by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: Mr. K

bttt


36 posted on 12/07/2020 1:59:04 PM PST by linMcHlp
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To: Bob434

LOL! I actually like fruitcake, Bob. I am one. Just peace-gaming in my fruitcake head.


37 posted on 12/07/2020 2:15:14 PM PST by PGalt (Past Peak Civilization?)
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To: SeekAndFind

Sounds pretty similar to the dickhead in Pennsylvania who said it was filed too late. As I said in a different thread, what’s the statute of limitations on election fraud, 10 minutes?

Hell, he even contradicted himself (surprise!). It was filed too late, but should have gone to the Georgia Superior Court; it can’t be both in a federal court. He contends that it’s a state election? One more dipshit judge who knows nothing about the Constitution.


38 posted on 12/07/2020 2:17:00 PM PST by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: Old Retired Army Guy

Powell has never said a word about boycotting the senate runoff. Stop spreading this misinformation


39 posted on 12/07/2020 2:17:20 PM PST by LilFarmer
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To: Golden Eagle

Yep, as if on cue.


40 posted on 12/07/2020 2:17:41 PM PST by LilFarmer
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