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Kari Lake failed to meet a standard that is impossible to meet: When it is impossible for a party (any party) to meet the required standard to obtain legal relief, there is no justice under the law
American Thinker ^ | 12/26/2022 | Ted Noel

Posted on 12/26/2022 6:36:55 PM PST by SeekAndFind

Kari Lake has just lost her trial to overturn the election in Arizona. She presented uncontroverted testimony that the dimensions of the ballot on Election Day were changed from the dimensions that were tested before the election.

This caused the ballot readers great difficulty, since they are programmed to look for marks in specific locations, and the size change moved those marks.

This then led to great confusion, delays, and departure of voters who could not continue to wait their turn. Those non-voting voters were mostly in dark red areas, so the “errors” disenfranchised Republicans.

Lake presented uncontroverted testimony that the printers were reset to print on the different-sized paper, showing that election officials knew that there was a problem.

She presented even more uncontroverted testimony that election officials did not tally the total number of ballots before transmitting them to the central office, contrary to bright letter regulations and law. And finally, she presented uncontroverted testimony that over a quarter million ballots were counted but had no chain of custody, again contrary to law. That “oversight” could allow many thousands of ballots—not votes—to be snuck in to be counted.

As Kari Lake noted, the election was run “outside the law.” Yet Maricopa County Judge Peter Thompson ruled that Lake didn’t meet her burden of proof. He relied on case law that says:


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


TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections; US: Arizona
KEYWORDS: arizona; justice; karilake; voterfraud
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That’s a pretty tall mountain to climb. Believing that the Democrats cheated is not enough. And the Judge basically ruled that Lake didn’t prove malevolent intent.

Put bluntly, there’s no way that Lake would be able to do that because she would have to go through the discovery process, get emails, documents, and take depositions to develop proof of intent. In short, the time between the election and the trial was too short to meet the standard of proof. We saw this before in Donald Trump’s election lawsuits. There was more than adequate reason to believe that the election was stolen, but not enough time to develop the case.

1 posted on 12/26/2022 6:36:55 PM PST by SeekAndFind
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To: SeekAndFind

THIS IS GOING TO BE A HUGE BARRIER TO ANY DISPUTED ELECTION EVEN WITH CLEAR EVIDENCE OF MALFEASANCE!

Uncontroverted testimony ought to be enough to verify the truth of a proposition. In this case, we have both ballot printer and ballot custody issues of sufficient magnitude to cast a significant pall over the election. Many voters signed in but didn’t vote due to those delays.

Sloppy custody was either by a deliberate action to allow in extra ballots, or by negligence in instruction and supervision. In either case, it was misconduct by election officials. But it doesn’t prove intent, the impossible standard in a compressed schedule.

This will always be the excuse from hereon. There is not enough time to prove intent, in the meantime, the state will be without a government, therefore, the plaintiff will lose the case BY VIRTUE OF TIME CONSTRAINT.


2 posted on 12/26/2022 6:41:20 PM PST by SeekAndFind
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To: SeekAndFind

“Clear and convincing” and they had to have someone show up to court and admit under oath they’d intentionally cheated?

Was a fake trial with the conclusion already decided.


3 posted on 12/26/2022 6:41:27 PM PST by TigerClaws
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To: TigerClaws

The Cartels made sure Ms. Lake would never be allowed to make a case. They are not about to give up their goldmine.


4 posted on 12/26/2022 6:44:52 PM PST by chopperk
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To: SeekAndFind

It seems the only way, without shooting, would be to have the GOP cheat so bad that the dems melt down and demand a change. Unfortunately, the GOP is very much like the Washington Generals playing the Harlem Globetrotters.


5 posted on 12/26/2022 6:45:46 PM PST by Dutch Boy (The only thing worse than having something taken from you is to have it returned broken. )
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To: SeekAndFind

Innocent until proven guilty, no time to prove guilty. That’s a pretty clear green light for Democrats to freely steal elections. But then, it’s always been that way.


6 posted on 12/26/2022 6:45:49 PM PST by robel
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To: SeekAndFind

One must then ask themselves why this Judge took this case then to just shoot it down? IMO it wasn’t his decision, his betters used it as a ruse to continue to dumb down what morons that are left out there that still thinks we still live in a Republic and that Gov. is noble.


7 posted on 12/26/2022 6:46:46 PM PST by DAC21
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To: SeekAndFind

The soap box and now the ballot box have been removed as ways to effect change. These fools had better realize (and soon) what the remaining box entails.


8 posted on 12/26/2022 6:46:56 PM PST by 43north (America doesn't need an election. We need an exorcism.)
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To: SeekAndFind

There is no reason at all for the court to hold the last two points they claim. There is no reason the court MUST assume the election officials acted in good faith. They may claim they WILL assume this, but theres no reason the MUST assume this.


9 posted on 12/26/2022 6:47:15 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: SeekAndFind

Oh if the parties were reversed...then the burden of proof would have been met.


10 posted on 12/26/2022 6:48:48 PM PST by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: 43north

Any chance of relief on appeal?


11 posted on 12/26/2022 6:48:52 PM PST by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!it)
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To: chopperk

What about a civil suit naming election commission employees?


12 posted on 12/26/2022 6:50:34 PM PST by blackdog (The head, hands, and heart, serve even further than the purse. )
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To: SeekAndFind

How about the fact that she counted the votes IN HER OWN ELECTION???!!!
Nope. nah no evil intent there eh?
Freakin’ dirty bastards!
America is so screwed.


13 posted on 12/26/2022 6:53:13 PM PST by MS.BEHAVIN (Women who behave rarely make history.)
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To: SeekAndFind

Then if this mountain is so hard to climb, we need to start mass cheating also. It’s the obvious answer.


14 posted on 12/26/2022 6:55:59 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up..)
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To: SeekAndFind

With this many irregularities, the election should be declared indeterminable and thrown out and a new election ordered. This would be the only fair resolution.


15 posted on 12/26/2022 6:58:53 PM PST by JeepersFreepers (The heart of the wise inclines to the right but the heart of the fool to the left. (Eccl 10:2 NIV))
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To: SeekAndFind

There is more proof that these elections are rigged than there is for all other rigged elections on earth added together.

Russia,Iran,Venezuela, Uganda, China the evidence is almost all entirely mathematical inference and election irregularities like the printers.

We have all of that and HD video, endless affidavits etc....

Insanity.

At some point in the future folks will look back at those 81million votes and it will be like looking back on Bonds’ HR record, it will be obvious even to the dimmest wit.


16 posted on 12/26/2022 6:59:06 PM PST by Freest Republican (This space for rent)
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To: SeekAndFind

A coalition of Arizona voters needs to bring a suit that they suffered damages by Maricopa County for disenfranchising their right to have their vote counted due to all of the reasons previously stated but without charging intentionality. You shouldn’t have to prove intenality, just the fact that the votes were screwed up and not counted should be enough...it would be for a Democratic Party candidate.


17 posted on 12/26/2022 7:06:09 PM PST by Rowdyone (Vigilence)
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Peter Thompson is a disgrace. The nation knows what he did.


18 posted on 12/26/2022 7:13:52 PM PST by TakebackGOP
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To: DesertRhino

Exactly. If elections are no longer what they once were but contests of cheating skill, so be it.


19 posted on 12/26/2022 7:29:39 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: All

.
BUT .., you can’t flip a quarter without hitting a Judge that is willing over look the letter of the Law to help Dems, or get Trump.

So, I disagree with the premise the stated Law wouldn’t help
A Democrat bringing the action.

.


20 posted on 12/26/2022 7:37:24 PM PST by AnthonySoprano (Statute of Limitations is going to elapse on Hunter Biden )
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