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Sidney Powell to Appeal Dismissal of Georgia Lawsuit
By Ivan Pentchoukov, The Epoch Times, December 7, 2020:
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.
Powell also alleged the existence of several other categories of potentially illegal votes, each sufficient to dispute the outcome of the election. She disagreed with the argument that the plaintiffs do not have standing or brought the suit too late.
“For those reasons we request the court to deny the motion to dismiss, allow us a few days, perhaps even just five, to conduct an examination of the machines that we have requested from the beginning and find out exactly what went on and give the court further evidence it might want to rule in our favor because the fraud that has happened here has destroyed any public confidence that the will of the people is reflected in their vote and just simply cannot stand,” Powell said in closing her argument.
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