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Thursday, November 26, 2020

Mailvox: an analysis of the Powell filing in GA

An experienced attorney analyzes Sidney Powell's legal filing in GA concerning the electoral fraud aided and abetted by GA politicians and election officials. The 104-page PDF complaint can be found here. Note that she also filed a lawsuit in MI, which is not analyzed here.

I have been a practicing attorney for 25+ years. The last 15 years I have spent mainly federal court representing persons accused of crimes, so I am quite familiar with federal court, federal procedure and other matters. Here is my take on Ms. Powell’s complaint. I aim to be dispassionate, not because I do not care but because we should be honest. I am not going to smooth over issues just because I hope Ms. Powell wins.

My point is to give background and overview and to advise on what to watch in the future. I have tried to make this post generally neutral and informative. I could not locate exhibits, which are crucial, but they are cited many times in the complaint. So, here are my few observations as an attorney with decades' in federal court:

1. In early October, 2020, a federal district judge in this same district (Northern District of Georgia) ruled after several years of litigation that the Dominion software used to monitor this election has substantial issues and it will affect an election. The Plaintiffs were Democrats who filed suit in response to the 2016 election. They sought an order forcing Georgia to use different software. They conducted discovery and hearings over years, including 3 days of expert testimony about how these very voting machines work. The court ultimately denied the request because it was simply too late to change the voting machines since the election at that time was roughly a month away. New cases are supposed to be assigned to judges randomly but I would not be surprised if this case were given to that particular judge since she spent so much time reviewing the litigation and conducting evidentiary hearings. Her findings of fact could be incorporated into this hearing under the legal theory of res judicata.

2. The complaint was clearly rushed. At times it was rough and unpolished. There were numerous grammatical errors. But the gist is quite clear and it is clear that the lawyers drafting the complaint certainly knew what they were doing. They dotted the 'I's and crossed the 'T's so the complaint is not likely to be kicked on a procedural or jurisdictional claim such as standing (a legal doctrine that says that someone who brings a lawsuit must have skin in the game), but I would expect a more polished product if they had more time. However, the copy I have does not have the blue ECF 'filed' stamp, so this may not be the final complaint that gets filed. That becomes really important below.

3. The complaint makes good use of a wide variety of legal sources from both political parties (specifically naming a statement from Democratic Senators Warren, Klobuchar and Wyden from 2019) regarding Dominion software, including evidence from the previous litigation. Essentially the plaintiffs say, among other things, "Look, for the past 15+ years, Republicans, Democrats and a wide variety of international media groups have pointed out the problems with Dominion software so it shouldn't be a surprise we are here. And the very problems they have pointed out are problems we see in this election."

4. The complaint relies upon a variety of evidence to support its claim. One is an examination of the history of Dominion software. another is expert testimony regarding the voting patterns seen in this election. Another is eyewitness testimony of ballot switching. Another is evidence of votes being case by ineligible persons. Another is evidence of a pattern of similar conduct in several high population counties. Viewed together, Plaintiffs make a strong case. But it's one thing to say something and another to prove it.

5. One area where plaintiffs do a good job is in pointing out the number of votes affected by the alleged fraud. One reason this is crucial is that Biden's certified margin of victory in Georgia was only about 12,000 votes. And the complaint does a good job of laying out substantial procedural and constitutional irregularities with roughly 96,000 votes and further problems with additional votes. The problematic votes far outnumber Biden's margin of victory, which is hugely significant. Put another way, if Biden wins by 500,000 and they claim that there are problems with 100,000 votes, even if those 100,000 votes are gone, Biden still wins. If the problem votes are gone, Biden's victory may be gone as well. The complaint does a good job of pointing out not just the alleged problems but the number of votes affected by those problems.

6. What now? The plaintiffs are asking for an evidentiary hearing. That would allow them to present evidence in the form of witness testimony, expert testimony and exhibits that would support their claim. Because it is a civil case, they only have to prove their case by a preponderance of evidence, that is, they only have to prove that it was more likely than not that there was fraud and that the fraud influenced the election. They do not have to prove their case beyond a reasonable doubt. 

The court may refuse an evidentiary hearing, in which case Plaintiffs would appeal and argue that they should be given hearing. Given the evidence laid out, I expect that the court will at least order an evidentiary hearing that will be conducted on an expedited scale. (it helps that there's an evidentiary hearing set in Nevada). After the evidentiary hearing, the court can grant their request, which would be to de-certify the election and force a manual re-count/audit overseen by independent auditors to verify each vote. Or the court could deny it. Realistically this case is likely to be appealed, which is one reason that the District (trial) court is likely to hold an evidentiary hearing. Because an appeal is almost certain no matter who wins the case, the judge's legal decision in this case is likely not nearly as important as the judge's factual decisions. The judge's factual decisions will likely be relied upon by appellate judges even if they disagree with the judge's legal conclusions. If there is an evidentiary hearing, pay careful attention to the judge's factual findings, especially as described below.

7. What to look for. There are a few things to watch for if there is a hearing. For one, federal (NOT state, and this is hugely important for federal jurisdiction) law requires that all records related to the election of a President, VP and senators be kept for at least 22 months after an election. If the court sets a hearing, watch for a request for that evidence. If the court orders an evidentiary hearing, I would expect the court would order that evidence provided to the Plaintiffs and to the court. If that evidence is not provided, that is, if the Georgia Division of Elections does not have the data that is required by the federal statutes, there will be hell to pay. I cannot imagine that anybody would be so monumentally stupid as to either erase such information or to not keep such information. However, Plaintiffs specifically allege that the voting machines do not keep copies of original paper ballots and are designed to avoid this audit trail. See ¶98 of the complaint. This is one area where the complaint's rushed nature is an issue, although the complaint does not appear to be filed because it's missing the blue ECF numbers showing it has been filed. Maybe the copy I got is just a leaked rough draft. 

In making this allegation, the complaint quotes some findings and includes a footnote that should have the citation for what was quoted. That particular footnote, number 14, is missing. Having worked with Word to include footnotes, it would not surprise me if it were deleted accidentally during formatting. If this is the complaint that gets filed, I expect that given the time constraints Plaintiffs counsel will soon seek to file an amended complaint and include footnote 14. If that footnote is still missing, it looks really bad for Plaintiffs. If that footnote is included and their allegations about the lack of a paper trial in Dominion machines is true, that single factual finding alone is enough to derail any certified election results from states relying upon Dominion machine. I am not joking. The statute that requires election officials to keep records is a criminal statute, meaning that election officials who willfully do not keep such records can go to prison. Whether they will or not is not the issue. The issue is that this will be a crucial matter to look at because if nothing else, Plaintiffs can say, "Here are major voter irregularities and if the defendants had followed the law, this court would have had the evidence to determine whether these irregularities are just an odd statistical coincidence or based on fraud. But defendants deprived the court of the ability to do its job despite their clear legal obligation to do so." That's not really where the defendants want to be. 

The plaintiffs will also seek to compare votes cast with voter registration, specifically people that have moved from Georgia and are no longer eligible to vote. Plaintiffs allege that over 20,000 votes were cast by people who had moved out of Georgia and were no longer eligible to vote. Strike those 20,000 votes as illegitimate and who knows what happens to Biden's lead. These two issues are huge because they are black and white. There can be no reasonable dispute. Either they have the records or they don't. Either 20,000 votes were cast by non-residents or they weren't. If Plaintiffs can prove these two points, the court is likely to give them wider latitude about other matters. If they can't prove these two points, Plaintiffs will find their case is much harder than anticipated.

8. After that, there are other evidentiary issues on which the court may or may not take evidence. Plaintiffs make a big deal about how the 'water leak' at election headquarters was fraudulent and resulted in only a few people being along with voting machines for several hours. I anticipate the court will take some evidence on that but it won't be enough for Plaintiffs to prove that the voting machines were unsecured on election night through the defendants’ fraud. Plaintiffs will have to prove that during that time votes were actually altered in some way, that is, deleted or switched from one candidate to another or added or something and they must prove that the number of altered votes would be within the margin of error for the Biden victory margin. This ties in with the audit trail. Put another way, if Plaintiffs can show that: 1) the water leak was non-existent; 2) that as a result of the 'water leak,' the machines were in the hands of just a few people for several hours; 3) that in those hours the voting pattern changed dramatically and unpredictably, then Georgia better have those machines and those machines better have an audit trail or some judges are not going to be happy.

There are similar lawsuits pending in several other states and issues dovetail with this one. A judge in Nevada has ordered an evidentiary hearing on December 3. That hearing focuses upon fraud in mail-in ballots, which is not so much the focus here. The focus here is more on problems with Dominion software, which will be harder to prove, although the lack of an audit trail will be crucial for this issue. Plaintiffs will catch a big break if the judge who did the litigation on Dominion software gets this case because the judge will know the issues with Dominion and have the background to get up to speed quickly. If the judge who handled the Dominion litigation handles this one, she would be able to get an opinion out fairly quickly because she already wrote a 150 page opinion about the problems with Dominion. If she gets an opinion out while litigation about Dominion is pending in other states or appellate courts, look for Plaintiffs/Trump to use the decision to try to influence the other cases involving Dominion, especially if she makes a factual finding that the machines do not have an audit trail and this is by design.

I have no idea about the likelihood of success. Plaintiffs make an excellent argument. That is, what they allege is indeed serious. It's not a complaint that you read and wonder "What the hell were these lawyers smoking when they filed this?" Maybe Plaintiffs are wrong. Maybe they can't prove what they allege. But that is different than "what were they smoking?" If they can prove what they allege, the court has the power to grant their request to de-certify the election and audit the votes. But courts are generally loathe to overturn elections. If the Plaintiffs' evidence (key word is evidence, not allegations) ultimately comes down to really improbable voting patterns, Plaintiffs are not likely to win. Plaintiffs need to be able to say, "Here is how voter fraud occurred and here are the number of fraudulent votes cast/changed/deleted/added because of that fraud." If they can't do both, or at least do both in sufficient numbers to cast Biden's margin of victory into doubt in Georgia, they won't win. If they can do both, this case will get real interesting real fast. If this court finds that Dominion voting machines do not keep records that allow an audit of votes in a Presidential election despite a clear federal statute to do so, then I truly have no idea where this ends up. In that case, I am truly glad that RBG is not on the court any longer.

On one last note in an already too-long email, it will be irony of ironies if the Dominion software litigation in Georgia turns out to be the key to this whole thing when it was Democrats themselves who started that litigation in response to the 2017 election. 

UPDATE: the shill response to the GA filing is "LOL, spelling errors!"

The one things judges hate, even the most conservatives ones, is when you start making a mockery of the court. Going to court unprepared and will spelling errors is just going to get on the judges bad side.

Oh, the irony.... The Dunning-Kruger is strong in this one. 

UPDATE: This subsequent post by the original poster, made prior to the Powell filing, appears to be accurate:

We haven’t heard from the higher ups in hours. I haven’t been told to worry yet, but the shift around here is palpable. The suit is...comprehensive. A lot of it talks about the Dominion software and the pay-to-play implications of having it installed in Georgia, the modifications to the system and the alleged money that changed hands between officials at dominion and state officials in Georgia. There’s a lot of discussion about some executive for Dominion that made a bunch of red flag modifications to the system right before the election that were against protocols or something. Then there is a lot from whistleblowers who testify to taking part in vote switching and ballot adding.

There are 8 references to Dominion CEO Eric Coomer across 4 pages of the filing. There is also an amount of testimony from whistleblowers.

Labels:

69 Comments:

Blogger Gettimothy November 26, 2020 5:11 AM  

Thank you to the experienced attorney.

Prayers up for Sidney from Durham.a

Blogger Arthur Isaac November 26, 2020 5:37 AM  

I was listing to Nick Rekieta too last night. This "dispassionate" lawyer crap is wearing extremely thin. If we can never have free and fair elections again based on a legal technicality or the reluctance of a court to overturn an election then it is time for the ammo box, full stop. We can consider talking to the dispassionate classes towards the beginning and give them an education on civics and the necessity of workable social contracts to maintain good order in government.

Blogger Nathan Braun November 26, 2020 5:39 AM  

Wait, the democrats sued to make sure dominion software was not used?

lmao

Blogger glueballs November 26, 2020 5:49 AM  

This comports with the purportedly leaked complaint I reviewed. Its excellent for a cursory one.

An unmentioned character in this drama is John Anzalone and his outfit. See: https://algpolling.com/team/

I grew up doing sports and community theater with the right fine elder gentleman. He is a key contributor and active participant on what became known as the Podesta Emails. His parents, especially his truck-driving dad, whom I and my family found rather charming, just like son John, and I hugged him at my dad’s wake, is a forked-tongue snake.

Look for John Anzalone of Montgomery Alabama to figure in all of this nationwide. He is not a mere pollster. Then hope that he is held to account.

Blogger Lazarus November 26, 2020 5:54 AM  

But courts are generally loathe to overturn elections

Maybe so, but there are precedents. Guiliani cited one at the Penn. hearing and I found some with a DDG search.

None of them on this scale, of course, because this is unprecedented historically.

Blogger bobby November 26, 2020 6:13 AM  

The points about legal conclusions/findings versus factual ones are quite important. It's a much simpler matter to ask an appellate court to overturn a legal conclusion that it is to overturn a finding of fact. The trial court gets all kinds of latitude and discretion in making factual findings, while legal conclusions need to be right.

So, if evidentiary hearings are held, it's a double-edged sword. You examine evidence to determine facts. If the trial court makes factual findings that shoot down the lawsuit, an appeal does little good. If the trial court makes factual findings that help the plaintiffs, but then dismisses the lawsuit because of its legal conclusions, the appeals court basically starts over, adopting the trial court's factual findings and then re-examining the legal conclusions.

So, the factual findings arising out of the evidentiary hearings become paramount. They absolutely need to get that part right the first time.

Blogger Inquisitor Benedictus November 26, 2020 6:15 AM  

>Plaintiffs need to be able to say, "Here is how voter fraud occurred and here are the number of fraudulent votes cast/changed/deleted/added because of that fraud."

So to win an audit to determine the number of fraudulent votes, the plaintiffs already need to know that number? That seems odd. I'm guessing this attorney means the plaintiffs need to establish that a significant number of votes were (potentially) fraudulent.

Blogger Dole November 26, 2020 6:20 AM  

Cross the Rubicon!

Blogger Mr.MantraMan November 26, 2020 6:32 AM  

Remember the story of the shredding service truck showing up at a GA election office/warehouse that was filmed by someone with a cell phone camera just outside the chain link fence? I do.

"Burst pipe" who was called in to at least shut off the water, what happened to any ruined materials in that building if true?

Blogger GA Voter November 26, 2020 6:43 AM  

Thank you for your analysis. I remain optimistic over the case's success.

Anonymous Anonymous November 26, 2020 6:48 AM  

I found as lot of copies of this PDF online but I couldn't find the original. Maybe that's my lack of experience on US Courts as I am not American, but I went to the website of the court listed in the document and there you need a log in to track such filings (I think the system is called PACER; Public Access to Court Records or similar) and so I couldn't get any further.

The spelling errors are odd. On the one hand such basic mistakes are common in Nigerian scam emails, for example, which raises suspicions. On the other hand, in this case they actually look like artefacts of the PDF production process.
It's very rare for anyone who speaks/writes English to spell the same word wrongly in two different ways in the same sentence like that. And especially so in the Title.
But having worked with lawyers and knowing their tech-newbie ways, I'm at least 75% sure those errors were introduced in the PDF production process and weren't there in the original.

But as we know, time will tell. I doubt sincerely the judge is unused to such things, all of them having been lawyers themselves at some time.

Blogger glueballs November 26, 2020 6:53 AM  

@8 Dole


Cross the Rubicon!

The courts and legislature will strain mightily to avoid a Rubicon crossing. This is both good and bad for us.

I pray you are prepared to sit out a spate of nastiness this winter in the US. Should I survive, here in Old Town Chicago, ‘twill be a fine thing.

I am an active SCOTUS bar member and federal trial lawyer in the IP and tech space.

Blogger Mr.MantraMan November 26, 2020 7:14 AM  

Coomer is the guy who purportedly was telling antifa that there was no way Trump was going to win the election. If I were a muckety muck of any company outside of bong sales I would not talk to antifa about anything, ever.

Blogger The Lab Manager November 26, 2020 7:20 AM  

Again, I'll never tire of having to thank the loathsome and sub-human Al Gore for inventing the internet so we can have easy access and read for ourselves what is in these court filings. In addition, the testimony of poll workers in these different states is also an eye opener. If this is not fixed this year, no point with elections in 2022 or beyond.

Blogger Matrick November 26, 2020 7:30 AM  

Some are saying that the judge is an Amy Totenberg. A liberal Obama appointee. She was the judge for the October suit concerning the voting machines, at least.

Blogger Salt November 26, 2020 7:37 AM  

Might the audit trail run through Germany?

Blogger boron November 26, 2020 7:38 AM  

Thank you very much for posting the clearest unbiased explanation of the Georgia mess that's available on-line for non-lawyers

Blogger B November 26, 2020 7:39 AM  

"In early October, 2020, a federal district judge in this same district (Northern District of Georgia) ruled after several years of litigation that the Dominion software used to monitor this election has substantial issues and it will affect an election. The Plaintiffs were Democrats who filed suit in response to the 2016 election. They sought an order forcing Georgia to use different software. They conducted discovery and hearings over years, including 3 days of expert testimony about how these very voting machines work. The court ultimately denied the request because it was simply too late to change the voting machines since the election at that time was roughly a month away."
_________________________________________________________
So this judge ruled that the Dominion software could improperly affect an election but said it was OK to use it in the November 2020 Presidential election "because it was simply too late to change the voting machines since the election at that time was roughly a month away."

What's wrong with this picture?? This is nuts!

Blogger VD November 26, 2020 7:41 AM  

Some are saying that the judge is an Amy Totenberg. A liberal Obama appointee. She was the judge for the October suit concerning the voting machines, at least.

That may be, but keep in mind that if she already knows about Dominion, there is little chance she wants to jump aboard that sinking ship.

Blogger Lazarus November 26, 2020 7:43 AM  

Arthur Isaac wrote: If we can never have free and fair elections again based on a legal technicality or the reluctance of a court to overturn an election then it is time for the ammo box, full stop.

I hope the judges in these cases take that into consideration, because that is exactly what is at stake here.

Blogger pyrrhus November 26, 2020 7:48 AM  

I'm a former litigator in Illinois...Obama "won" his first election against a popular incumbent who was a civil rights pioneer by claiming fraud in her nominating petition signatures, which is seldom successful...But Obama had friends...In general,I agree that courts are reluctant to overturn elections for vote fraud, despite the theoretically low standard of proof, but that is more for personal, political and societal reasons than legal reasons...

Blogger PM November 26, 2020 7:49 AM  

For your consideration: the odds of the God Emperor be re-elected (as offered on Betfair's Politics Betting Exchange) dropped from 21 to 14 overnight.

Blogger szook November 26, 2020 7:49 AM  

If they can indeed pull this suite off (and I agree this argument looks sound), it'll be high time for one of those civ-national patriotic illustrations to crop up. This time it'll have to be George Trump standing in the boat, crossing the Rubicon.

Blogger pyrrhus November 26, 2020 7:57 AM  

Courage is not common anywhere in our society, and certainly not on the bench...Unfortunately, that has protected the politically connected fraudsters to the extent that vote fraud has completely destroyed the two party system in Illinois, with Democrats running everything and the State being bankrupt....The same would happen if Democrats prevail in this election.

Blogger JD Curtis November 26, 2020 7:59 AM  

"I also observed that the watermark on at least 3 ballots were solid gray instead of transparent, leading me to believe the ballot was counterfeit"

Blogger Slippin JImmy November 26, 2020 8:02 AM  

These lawsuits are as much about giving state legislatures cover to decide the election as they are about getting the courts to overturn it.

Blogger Ominous Cowherd November 26, 2020 8:23 AM  

Inquisitor Benedictus wrote:So to win an audit to determine the number of fraudulent votes, the plaintiffs already need to know that number?
According to the lawyer who emailed Vox, the plaintiff must show that there was fraud, and that it affected the outcome. Plaintiff has to prove there could have been N fraudulent votes, and that N is larger than the margin of victory, so that fraud could have changed the outcome. If the preponderance of evidence supports both claims, plaintiff is likely to win something, perhaps the requested remedy.

So, no, you don't have to complete the audit to get the audit ordered: you have to demonstrate that there was fraud, and that it was big enough that it could have changed the outcome. Thenthe auditing kraken are released.

Blogger Timmy3 November 26, 2020 8:32 AM  

Courts also loathe to disenfranchise votes and they extend voting times to ensure more votes. However, they don’t seem to mind the disenfranchisement of conservative voters by both the dilution of their votes through fraud and the tossing of their votes. This is test of upholding voter laws and standing for opposition votes. Thus, the equal protection argument.

Blogger Avalanche November 26, 2020 8:39 AM  

@9 ""Burst pipe" who was called in to at least shut off the water...

Yeah... except ... as always, go overseas to get closer to the truth?

https://www.news.com.au/world/north-america/us-politics/slow-leak-text-messages-cast-doubt-on-georgia-officials-burst-pipe-excuse-for-pause-in-counting/news-story/19176f5113512210517c82debe684392

Officials in Georgia have not been able to produce any invoices or work orders related to a "burst pipe" at Atlanta's State Farm Arena that was blamed for an abrupt pause in vote counting on election night.

The only evidence for the burst pipe, released under freedom-of-information laws, was a text message exchange in which one senior employee at the stadium described it as "highly exaggerated … a slow leak that caused about an hour and a half delay" and that "we contained it quickly – it did not spread".

"Beyond the lack of documentary evidence of the inspection or repair of a ruptured pipe, we are being asked to believe that there is not one single picture of this allegedly ruptured pipe, at a time and in a place where virtually everything is recorded and documented," Georgia lawyer Paul Dzikowski, who obtained the text messages, told news.com.au in an email on Wednesday night.

Good article and good on GA lawyer and the Georgia Open Records Act requester!
https://www.thegatewaypundit.com/2020/11/breaking-exclusive-open-records-request-finds-no-invoices-work-orders-reported-election-day-water-main-break-atlanta-found/

Blogger tuberman November 26, 2020 8:39 AM  

12. glueballs

>> The courts and legislature will strain mightily to avoid a Rubicon crossing. This is both good and bad for us.

Yeah, you have to be correct with this assessment. Yet, the other side is all-in, so even with these forces doing their best to avoid chaos, chaos will still happen. The Globalists will deny the courts and legislature findings that go against their wishes. I know you understand this.

The outcome: To stop the chaos that globalists will throw at the country, after they lose, will take something almost the same as Crossing the Rubicon.

It will be done.
----------------

And, Have a Great Thanksgiving to all who celebrate it.

Blogger Erich Schwarz November 26, 2020 8:41 AM  

Can somebody who has effective contact with Powell's team tell them about their Footnote 14 being missing?

I'm sure it's a stupid Word-to-PDF misformatting problem, but I have just confirmed the omission, and it's not trivial for their case.

--Erich Schwarz

Blogger Stilicho November 26, 2020 8:43 AM  

Had a chance to skim the complaint this morning. I generally agree with the attorney cited in the OP. He places too much emphasis on any individual fraud being suffi cient to change the outcome because it is the aggregrate potential for the various frauds to change the outcome that matters. He also place too much emphasis on footnote 14, because is simply a citation to a media report. Proof of that resides in the Dominion system itself--either the defendants can produce actual paper ballots from the machines that match the reported tallies or they cannot. He is right that standing alone that failure is enough to invalidate the election in GA.

This copy of the complaint was posted on Powell's website so was probably the copy filed or very close. An amended complaint can be filed at any time before the defendants file a responsive pleading, so any mistakes or oversights can be corrected. Even after that there is no way a court would not allow an amended complaint if needed on a matter like this.

Blogger Balkan Yankee November 26, 2020 8:45 AM  

Lin Wood has also filed a lawsuit challenging the Georgia election result, which means the Trump team is pursuing a dual-pronged approach in that state.

That strikes me as a strategic way to proceed, but I'm not an attorney and hesitate to judge prospects for success.

Blogger Rick November 26, 2020 8:51 AM  

@CodemonkeyZ

“Make egregious typos in the first line of an important document to get biased reporters and the MSM to cover something that they would otherwise ignore.

Weaponized spelling errors.”

Blogger Stilicho November 26, 2020 8:56 AM  

The primary democrat game plan will be to simultaneously deny, hand wave, cllaim it doesn't matter/change the result, and to try to run out the clock.

What will be interesting to see is if any of the named defendants admit any of the allegations.

Blogger My Shield Is Disgust November 26, 2020 9:24 AM  

The Romans had the Cataline Conspiracy, and we have the Coomer Conspiracy. I hope it’s as funny in 2000 years as it is now.

Blogger Daniele Grech Pereira November 26, 2020 9:26 AM  

Call me juvenile, but "Eric Coomer"? This can't be real.

Blogger FUBARwest November 26, 2020 9:40 AM  

Rekieta's blackpilling has been an odd sight this past week+. He clearly believes it was stolen but is pushing that nothing will happen and people have to accept that Biden is president even if he didn't win and there is nothing anyone can do. Which is strange coming from a lawyer but also for anyone reasonable intelligent. It means the point of voting is gone and so is any form of republic effectively.

I don't understand why or what he has been doing.

Blogger RC November 26, 2020 9:46 AM  

I read through both GA and MI last night. Their must have been a reason that they wanted to file by midnight because both complaints looked very rushed and put together by sleep-deprived attorneys, especially Michigan's.

Both are substantive and engage the enemy, focusing on the 14th. I'll pull the PACER versions shortly and see if I can get the exhibits.

Blogger Bearbrained Schemer November 26, 2020 9:48 AM  

Happy Thanksgiving to all.

I have faith that the truth will come out and prove that Trump won my home state of Georgia. I pray that the shenanigans are discovered with our state officials and they are sentenced to the full extent of the law.

It's exciting to think that the what is discovered here regarding Dominion could provide a path to overturn or nullify all of the other states' fraudulent election results.

It is truly a great time to be alive.

Blogger d November 26, 2020 9:55 AM  

If I understand the theme, we're hoping the racketeering judiciary saves the day by keeping the submissive Tweeter in office for another four merciless years of burka mandates, foreign invasion, worshipping felonious Africans and their judeo-atheist handlers, and criminalizing small businesses?

Advocates of this residue of christendom have two possible futures, aborting the wickedocracy themselves, or being aborted by it.

Blogger Nate November 26, 2020 10:13 AM  

the fact that this is relying on a lawsuit filed by democrats with similar allegations and concerns is an absolute bombshell. I would image that is why the mood at Biden HQ fell through the floor.

Blogger Jeff aka Orville November 26, 2020 10:29 AM  

@42 and it was by Stacy Abram's hand no less.

Blogger Unknown November 26, 2020 10:32 AM  

"If the Plaintiffs' evidence (key word is evidence, not allegations) ultimately comes down to really improbable voting patterns, Plaintiffs are not likely to win."

Yes, but getting geeks to understand that is like pulling teeth.

Another non-geeky suggestion: for the entire length of any hearing, the court needs to experience the following. Hundreds of truckers clogging the streets around the courthouse, blowing their horns continuously. And protestors gathered in the lobby with Trump flags, chanting "STOP THE STEAL."

Blogger Unknown November 26, 2020 10:39 AM  

I'm pretty sure Trump deliberately utilizes spelling errors, to bait the media into giving his talking points coverage. Petty Liberal midwits cannot resist being clever little gammas, so they signal boost it unknowingly. It's like rhetorical judo.

Blogger Latigo3 November 26, 2020 10:55 AM  

Thank you for this post, a lot of information to digest, but well worth it. I think it has been mentioned, but just the name chosen for the software company is interesting to say the least. Looking at their page response for November 25th is funny, why is everything in bold caps? Why are you having to shout so much? As Shakespeare wrote, "the lady doth protest too much, methinks".

Blogger Arthur Isaac November 26, 2020 11:03 AM  

Want to know something anti-geeky? The bolt on my AR slamming closed on a hot round.

The vote fraud is manifestly obvious. The response should be as well.

Blogger Arthur Isaac November 26, 2020 11:07 AM  

Happy Thanksgiving everyone! I pray for safety and sanity around a table crowded with family and friends. And that the Lord would embrace you in His Spirit even if your table is not abundant or crowded. I pray for a heart of thanks that you may have the peace which transcends understanding, especially in a time of strife. Happy Thanksgiving!

Blogger ZaijiaN November 26, 2020 11:08 AM  

This is begging for a meme from The Hunt for Red October:

"You ass, you've killed US!"

Blogger Ominous Cowherd November 26, 2020 11:21 AM  

Up from the pond wrote:Another non-geeky suggestion: for the entire length of any hearing, the court needs to experience the following. Hundreds of truckers clogging the streets around the courthouse, blowing their horns continuously.
You don't need a truck to install an air horn. You don't even need a vehicle. Also, megaphones are commonly available. If you live in driving distance of one of these courthouses, you have an opportunity.

Blogger Cinqueports November 26, 2020 11:40 AM  

1. The Complaint as filed should be available on PACER. I don't have my PACER login information on my laptop, so I'll have to wait until tomorrow to access it on my office desktop. I doubt that this is the final filing - lawyers and their staff will almost always do a spelling and grammar check in Word before converting to PDF for filing.
2. A Complaint like this is ordinarily accompanied by a motion for temporary restraining order and preliminary injunction. A TRO can be granted ex parte for a period of 14 days and extended for another 14 days for "good cause." A motion for a TRO must be accompanied by proof that the opposing parties have been notified of the filing or that diligent efforts have been made to provide such notice. This explains why the first poster would have had access to a copy before the Complaint was filed.
3. The grant or denial of a TRO is not appealable. However, the grant or denial of a preliminary injunction is immediately appealable. A court's failure to set a prompt date for a hearing on preliminary injunction can be compelled by mandamus to the Circuit and by like proceedings in SCOTUS if the Circuit fails to act promptly. The Circuit Justice for GA is Thomas. That is important.
4. The attorney is correct that the Circuit and SCOTUS can reverse a District Court judge on legal errors without any deference to the trial judge (plenary review). Factual findings may be overturned for "clear error." Clear error is a high burden, but not impossible. If the evidence supporting fraud is not dependent solely upon the credibility of witnesses (e.g., it is corroborated by hard data that can be definitively authenticated) that burden is more easily overcome.
5. I have a slight disagreement regarding res judicata - which can only be applied if the party or parties against whom it is invoked was a party to the original proceeding.
6. If the defendants cannot produce the required election audit trail then that raises the issue of spoliation of evidence. If evidence that should be there cannot be found, then a finder of fact can infer that had the records been produced they would have been unfavorable to the party with a duty to produce them.
7. Missing records can be important in another way. A plaintiff need not prove a negative proposition. If the records that could have either proved or disproved a fact go missing due to malfeasance of any sort then the burden of proof can shift. And that is a legal proposition, not a factual one (important for appeal purposes as noted above).
8. Whether the original poster is genuine or not is unknowable. But his story is entirely plausible.

Blogger eclecticme November 26, 2020 11:50 AM  

I watched the PA hearing. From memory, Rudy Giuliani said it was one leaking toilet

Blogger Dafo November 26, 2020 12:03 PM  

Thank you for passing on this detailed analysis.

Blogger Seeingsights November 26, 2020 12:29 PM  

There were 100,000 fraudulent votes in the 1982 Illinois gubernatorial election. You can read about it here:

https://www.heritage.org/election-integrity/report/where-theres-smoke-theres-fire-100000-stolen-votes-chicago

Blogger Homo Insidious November 26, 2020 1:30 PM  

Arthur Isaac wrote:Happy Thanksgiving everyone! I pray for safety and sanity around a table crowded with family and friends. And that the Lord would embrace you in His Spirit even if your table is not abundant or crowded. I pray for a heart of thanks that you may have the peace which transcends understanding, especially in a time of strife. Happy Thanksgiving!
Happy Thanksgiving to you as well, and to all here assembled.

Your handle's similarity to the name of one of my favorite YouTubers, who is always very careful to conceal his personal politics, intrigues me. What a delight if it turned out you were he. Probably just a coincidence, though.

Blogger Unknown November 26, 2020 1:32 PM  

The fact is this: manipulating elections is a time-honored American tradition! Hanging chads & allegations of fraud in Ohio. Hussein may have used this system in his elections. The fix was in for HRC but failed because Trump support was stronger than expected. Daley fixed Cook Co. for JFK in 1960. Hell, Tilden said Hayes cheated him in the 1876 election! Election fraud has a long history.

Those Dems were fearful of those “Trump fascists” using the Dominion software against them! They should be afraid of Clowns In Action interfering!

Blogger van helsing November 26, 2020 1:34 PM  

Kris Kobach ought to dig into evidence on his "lost" elections.

Blogger Azure Amaranthine November 26, 2020 2:16 PM  

"That may be, but keep in mind that if she already knows about Dominion, there is little chance she wants to jump aboard that sinking ship."

And if she does she can be immediately torpedoed with her earlier opinion statement when the result is immediately appealed.

Blogger Arthur Isaac November 26, 2020 3:07 PM  

@Homo Insidious, I doubt it. I have a technical channel with about 20 followers. And I keep my politics in my comments. I'll probably lose my job some day. I don't invite it by undue indiscretion though.

Blogger Beau November 26, 2020 3:07 PM  

It would be a nice touch once the dust settles on this for Trump to issue Presidential Medals of Freedom to the brave men and women who swore affidavits to witnessing election fraud. These hardy souls who risked personal abuse, harassment, and even death threats to preserve freedom are American citizens most deserving of this recognition.

Blogger Narayanan November 26, 2020 5:00 PM  

for me showmanship and gamesmanship would require that I would want different judge get case and the judge from previous litigation be called as witness - is that allowed / possible

is the judiciary accountable to people in any shape or form?

any better way to hold all accountable?!

Blogger Arthur Isaac November 26, 2020 5:42 PM  

I want the judge in front a military tribunal explaining how they aren't a traitor or part of the criminal conspiracy to violate our civil right in an act of treason in league with foreign actors.

Blogger RC November 26, 2020 7:29 PM  

"Kris Kobach ought to dig into evidence on his "lost" elections."

I was involved in Kris' campaigns.
Kobach is a good, intelligent man and would have made a good governor or senator, but he lacks the ability to connect with people in general. I could go on, but I sincerely doubt he won. He is his own worst enemy, completely wasting a beautiful Trump rally in his 2016 gubernatorial race and underleveraged valuable visits by Don Jr and others. Too bad but he lost because he is just a bad candidate.

Blogger Jefferson Kim November 27, 2020 3:04 AM  

Congrats Vox Day for this post making it to 4chan top commented posts on /pol. Thread 293337132

Blogger Jefferson Kim November 27, 2020 3:05 AM  

Here is the archive of the 4chan post https://archive.is/DiEeR

Blogger Unknown November 27, 2020 7:51 AM  

Here is the original in Sidney Powell´s own site: https://defendingtherepublic.org/

Blogger MrNiceguy November 27, 2020 2:51 PM  

I heard him speak back in 2010 or so, before he actually got into politics. He was teaching at UMKC law school at the time. I'm really disappointed his political career hasn't gone well, but I think you're right about his campaign ability.

I know he was working with the Trump admin early in the term. I remember at that rally, (2018, not 2016 btw) Trump joked about hoping he didn't win so he could keep working with him.

Blogger spacehabitats November 28, 2020 9:50 AM  

As a physician who uses electronic medical records, I am quite familiar with software that is designed to create an airtight audit trail. Keeping a credible audit trail in vote tabulation software should be child's play. ANY holes or "gliches" in that trail should be prima facie evidence of election fraud.

Blogger blouis79 November 28, 2020 2:11 PM  

Expert witness says it does.

https://www.scribd.com/document/486105599/Affidavit-of-Dr-Navid-Keshavarz-Nia-Phd#fullscreen&from_embed

Presumably the contents of the german scytl server will be coming.

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