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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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To: Taxman

Ping


21 posted on 12/26/2022 7:42:11 PM PST by Taxman (SAVE AMERICA! VOTE REPUBLICAN IN 2023 AND 2024!)
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To: SomeCallMeTim; 43north

Soap box, Ballot box, jury box, cartridge box.

Jury box hasn’t been used up yet.

Do an appeal.


22 posted on 12/26/2022 7:42:37 PM PST by WildHighlander57 ((the more you tighten your grip, the more star systems will slip through your fingers.) )
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To: SeekAndFind

This is Taxation without Representation 2.0 and we must either accept this as our reality or plan a 2nd Party of Tea.


23 posted on 12/26/2022 7:47:24 PM PST by R0CK3T
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To: SeekAndFind; All
"In short, the time between the election and the trial was too short to meet the standard of proof [!!! emphasis added]."

Don't despair patriots!

Just because we haven't seen the long-ignored Section 2 of the 14th Amendment used in our lifetime, that section a penalty for states where ballot boxes have been rigged, let's not overlook the following.

The "In short" statement above gives Lake another piece of evidence that reasonably satisfies the catch-all "or in any way abridged" trigger of that section imo.

"14th Amendment, Section 2: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." [Apportionment of Representatives]

In other words, thanks to the judge dismissing a case that the law allegedly didn't give Lake enough time to prove, she now has more power for triggering Section 2 to put more Arizona crooks in jail than she had before the case began imo.

As mentioned elsewhere, we're possibly seeing Arizona violate Section 2 before our eyes imo.

"We saw this before in Donald Trump’s election lawsuits."


Trump's legal team needs to street reading Free Republic.

As a side note to Section 2, please consider the following. The post-Civil War congressional Republicans who drafted Section 2 made it to discourage southern Democrats (my word) from rigging the ballot boxes that Democrats are now alleged to have done for 2020, and now 2022 elections!

"Because slavery (except as punishment for crime) had been abolished by the Thirteenth Amendment, the freed slaves would henceforth be given full weight for purposes of apportionment. This situation was a concern to the Republican leadership of Congress, who worried that it would increase the political power of the former slave states, even as such states continued to deny freed slaves the right to vote." —Apportionment of Representatives

24 posted on 12/26/2022 8:05:42 PM PST by Amendment10
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

p


25 posted on 12/26/2022 8:36:59 PM PST by bitt (<img src=' 'width=50%>)
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To: Rowdyone

I think a petition to recall if possible would be better

In the petition demand no mail in ballots and strict observation of the voting


26 posted on 12/26/2022 9:19:28 PM PST by patriotspride (Third generation Vet. Never forget the true cost of freedom)
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To: Freest Republican

This country is not going to be taken back through voting. That ship has sailed. There is really only one alternative and it’s scary.


27 posted on 12/26/2022 9:37:06 PM PST by Right Brother
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To: 43north
President Biden and Congressman Swalwell have already threatened american separatists with nuclear weapons.


28 posted on 12/26/2022 10:24:22 PM PST by magooey (The Mandate of Heaven resides in the hearts of men.)
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To: TigerClaws

Maybe, just maybe, its time to sew up a new Flag. One with a blue cloth and a single white Star. There is a bonnie song about it too.


29 posted on 12/27/2022 12:16:44 AM PST by Forward the Light Brigade ( Ride to the sound of the Guns!)
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To: SomeCallMeTim

I believe Republicans will get no justice in an AZ appeals court and unlikely justice in the US Supreme Court.

Chief Justice Roberts has moved more times than not to side with the Leftists in these big cases, and Amy and Kavanagh have been often contrarians, except for restoring to the states their right to set the legal standard, *for or *against, abortion and protocols, etc.

Justice is not working for half the country. A correction will have to be made, or not.


30 posted on 12/27/2022 12:19:50 AM PST by RitaOK (Vinmva Christo Rey! Publik Skules/Academia = The Farm Team for more Marxists coming. Infinitum. )
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To: WildHighlander57

She is.


31 posted on 12/27/2022 12:21:50 AM PST by RitaOK (Vinmva Christo Rey! Publik Skules/Academia = The Farm Team for more Marxists coming. Infinitum. )
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To: SeekAndFind

The standard for fraud is clear and convincing which is lower than criminal cases where the standard is beyond a reasonable doubt. It fits squarely between preponderance of evidence (think negligence) and beyond a reasonable doubt. It certainly isn’t impossible.


32 posted on 12/27/2022 1:09:37 AM PST by thegagline (Sic semper tyrannis! Goldwater 2024)
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To: SeekAndFind
I remember thinking at the time that the defense was using one crime (not tabulating ballots at the polling place per election procedures) as a defense of another crime (not being able to prove that ballots were "injected" at a later point in the chain of custody).

If the ballots were counted at the polling place before being shipped to the central tabulation center, then they would be able to prove that additional ballots were inserted.

The judge allowed one crime to be used to excuse another crime.

-PJ

33 posted on 12/27/2022 1:13:02 AM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: SeekAndFind

Here is the ruling.

https://www.clerkofcourt.maricopa.gov/home/showpublisheddocument/4531


34 posted on 12/27/2022 1:57:08 AM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: thegagline

The standard for fraud is clear and convincing which is lower than criminal cases where the standard is beyond a reasonable doubt. It fits squarely between preponderance of evidence (think negligence) and beyond a reasonable doubt. It certainly isn’t impossible.


That part of the standard isn’t at issue. The part where the County’s failure to run a proper election, where you have to prove specific intent by specific persons to botch it, and failure to be able to present full chain of custody records being an unassailable defense for the County is what is at issue.

Even the defense argued at closing that even if ballots were injected into the process that it couldn’t be proven. THAT is the impossible burden.


35 posted on 12/27/2022 2:05:31 AM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: 43north

Yes, a bunch of 76-year old Vietnam vets with revolvers really scare the DOJ and Pentagon.

Most kids today (16-30) cannot fire a weapon, build a fire or even open a can of beans. They play video games and watch Tik-Tok. There are exceptions, but most urban-suburban HS-college-fighting age boys are not strong and completely worthless in survival. If Door Dash is late, they have a hissy fit.

J6 showed that even if you PROVE the elections were stolen, they deny that and the VOTING MACHINES, TECH COMPANIES, MEDIA, COURTS and COPS/FBI/DOJ and POLITICIANS are in on the STEAL. They don’t even hide it. I saw video of a Congressional staffer handing out bats to people from a closet on J6. People SHOT and beaten to death, no charges.

Get over this place, it’s cooked. Be self-sufficient. The 18-year old in 1945 or 1968 doesn’t exist en masse.


36 posted on 12/27/2022 2:52:41 AM PST by wac3rd (Somewhere in Hell, Ted Kennedy snickers....l)
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To: WildHighlander57
Jury box hasn’t been used up yet.

Get yourself charged in a blue district, lets say DC, and watch your jury box disappear.

37 posted on 12/27/2022 2:54:35 AM PST by BlackbirdSST (Trump WON!!! He will win 2024!)
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To: SeekAndFind

The judicial fix was in from the start. That was how Maricopa County knew they could steal the election in plain sight and get away with it.


38 posted on 12/27/2022 3:03:25 AM PST by Rockingham
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To: SeekAndFind

Kari Lake’s first mistake was believing she would get a fair shake in a court room.


39 posted on 12/27/2022 3:04:44 AM PST by DaiHuy (I support LGBTQ. (Lets Get Biden to Quit.))
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To: SeekAndFind

What’s the sense in voting anymore?


40 posted on 12/27/2022 3:09:55 AM PST by McGruff (Don't underestimate Joe's ability to f*** things up - Barack Obama)
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