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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: PGalt

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

/talking & singing to self


41 posted on 12/07/2020 2:18:22 PM PST by PGalt (Past Peak Civilization?)
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To: Reno89519

Well, we waited for nearly a week and there were no Trump attorneys here so we had others step in. I, for one, a, thankful someone is fighting for us.


42 posted on 12/07/2020 2:19:44 PM PST by LilFarmer
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To: Old Retired Army Guy

Gen Flynn has expressed the same opinion, saying it is insane to vote again with the same corrupt process.

Of course, what Powell and Wood have been looking for is for the corrupt GOP pols in the state to fix the first corrupt election they oversaw, since that would make a second election unnecessary.


43 posted on 12/07/2020 2:19:51 PM PST by 9YearLurker
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To: ManHunter

There is a pattern. Just as the fraud followed the exact same pattern in every swing state! so are the dismissals.

Makes me think the masterminds were not only behind the fraud, but making sure they had SOS, state government and judiciary in their back pockets.


44 posted on 12/07/2020 2:22:09 PM PST by LilFarmer
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To: ManHunter

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.

It’s the way their mind works. Pretzel Logic.


45 posted on 12/07/2020 2:22:32 PM PST by PGalt (Past Peak Civilization?)
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To: 9YearLurker

FLORIDA IS DONE WITH THEIR NON DIMINION VOTING MACHINES.
GEORGIA SHOULD ASK DE SANTIS TO LOAN GEORGIA ITS MACHINES
FOR THE RUNOFF.

THIS WOULD ELIMINATE THE CORRUPT VOTING MACHINES, AND I AGREE WITH FLYNN YOU DON’T TRUST THOSE VOTING MACHINES IT DOESN’T MAKE SENSE.

OTHERWISE SWITCH TO PAPER BALLOTS.


46 posted on 12/07/2020 2:30:27 PM PST by Zenjitsuman (w)
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To: SeekAndFind
taxation without legitimate representation..seems we have been down this road before....
47 posted on 12/07/2020 2:41:04 PM PST by rolling_stone ( EAT )
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To: Zenjitsuman

“””FLORIDA IS DONE WITH THEIR NON DIMINION VOTING MACHINES”””


Do you have a link to that info?

I know that as of a few weeks ago 18 of Florida’s 67 counties were still using Dominion machines. Most of those 18 counties were small (averaging about 10,000 registered voters). There were 3 larger counties (more than 200,000 registered voters) still using Dominion-—and yes those 3 counties using were Democrat strongholds. Surprise, surprise.


48 posted on 12/07/2020 2:41:23 PM PST by Presbyterian Reporter
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To: SeekAndFind

I listened to the arguments in the live hearing. The judge was certain that there was no standing and that the state Supreme Court should hear this case instead. paul’s argument was that this is indeed a federal case because it involves Larger US Constitutional issues such as equal protection not take precedent over any state law. for example, if the state had an election where African-American voter counted as only 3/4 of a vote but white persons vote was counted at 1 1/4 of a vote then certainly the judge would agree that the federal law supersedes any action that was taken at the state level and would immediately except this case to remedy the problem. However this judge already had his mind made up no matter what Powell said. He sounded like a clear MSNBC and CNN watcher Even if he is a Republican. he also thought he would be going out on a limb because even if Georgia was corrected chocolate still not win the election because of the other states to which Powell corrected him he is certainly not well informed judge. did did this voice text so please forgive any grammatical or spelling errors.


49 posted on 12/07/2020 3:15:08 PM PST by hollywood12345
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Comment #50 Removed by Moderator

To: Zenjitsuman

Are you hollering at me? ;-)


51 posted on 12/07/2020 4:15:40 PM PST by 9YearLurker
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To: pierrem15

I don’t like to see the police shot at. The problem is, we
have watched as they covered these treasonous bastards on the
streets for six months now.

This ‘S’ isn’t going to be tolerated much longer. If officials
and law enforcement haven’t got the stones to carry out their
oaths of service, someone is going to step up.

Who knew? /s

Terrorism isn’t going to be tolerated. End of story.


52 posted on 12/07/2020 4:16:14 PM PST by DoughtyOne (I'm calling for terrorist and criminal reform. Defund them now.)
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To: SeekAndFind
You can’t sue early, you’ve not been harmed.
You can’t sue after you’ve been harmed because you should have known you’d be harmed and sued earlier.
You can’t sue because you don’t have standing
53 posted on 12/07/2020 4:44:42 PM PST by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves)
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To: DoughtyOne

I don’t like it either, but they are letting themselves be turned into the armed backup of the left-wing militia, only intervening when the patriots defend themselves.


54 posted on 12/07/2020 4:49:28 PM PST by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: Mr. K

Good luck getting that appeal through.


55 posted on 12/07/2020 5:03:09 PM PST by cmj328 (We live here.)
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To: pierrem15

I agree.


56 posted on 12/07/2020 5:08:49 PM PST by DoughtyOne (I'm calling for terrorist and criminal reform. Defund them now.)
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To: SeekAndFind

“Standing” is a judicially created excuse for denying litigants access to the courts and based only on the whims of a judge with an agenda.

How is it that environmental wacko groups can get standing when the federal government makes a decision about logging, fishing, or any number of issues. They don’t have standing because they is no harm to them, but liberal judges give it to them anyway


57 posted on 12/07/2020 7:28:07 PM PST by WASCWatch ( WASC)
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To: Savage Rider

Corrupt judges will twist and misapply laws and court rules to mean whatever suits their purpose and corrupt intent.


58 posted on 12/07/2020 7:33:03 PM PST by WASCWatch ( WASC)
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To: Corporate Law

ping


59 posted on 12/07/2020 7:48:30 PM PST by timestax
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To: PGalt

i actually like them too lol


60 posted on 12/07/2020 9:16:03 PM PST by Bob434
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