One step forward; however, in the longer term I fear this is two steps back… The next lawfare chess move looks transparent, but maybe I’m wrong.
In the Atlanta ballot lawsuit Henry County Superior Court Chief Judge Brian Amero has granted the ability of Fulton county, the county elections board, and county courts clerk, as offices, to be removed as defendants in the lawsuit filed by Garland Favorito and nine plaintiffs. However, Judge Amero kept the lawsuit alive by granting the plaintiffs’ request to add individual members of the county board of elections as respondents.
The problem this presents is transparent. The next move by Lawfare lawyers representing opposition to the case will be for each of the individual members to now claim sovereign immunity as none of their specifically individual actions will be identified as contributing to any ballot fraud. This level of legal confidence seems present in the defense statements after the ruling was released:
“Don Samuel, an attorney for the Fulton elections board, said he planned to file motions to dismiss the claims against the board members because there are no allegations they had a role in counting the county’s ballots.” (link)
Favorito released a statement showing confidence in the result. However, CTH is not so sure.
Perhaps the plaintiff lawyers have a good argument to focus on the individual board members, but in my experience any petition therein would have to show direct evidence linking a specific person to the specific harm claimed by the plaintiff.
If the Fulton County board of elections is not responsible for the way the ballot counting was handled, it seems challenging to identify a specific member of that board who would be responsible. I’m not a lawyer, but that’s the way the defense argument seems to be framed.
The bottom line in this private civil lawsuit is the harm needs to be identified in order for the discovery, the actual inspection of the 147,000 absentee ballots, to be conducted. The plaintiff is alleging harm based on the sworn depositions of election workers. However, the defense is telling the court that a specific person will need to be identified as responsible for the alleged fraud the election workers are claiming to have witnessed. This is a typical Lawfare catch-22.
The solution for this is obviously the Georgia Senate ordering an audit of those ballots via a legislative subpoena. However, it doesn’t appear the Georgia legislature has taken any steps toward that goal.
I may be wrong, but I am less optimistic now than before.
I live in Ga and have successfully sued elected government officials if, you define success or winning when elected officials deciding to settle rather than go through discovery or trial. That said, I am not an attorney but I do know that in Ga, unless the law has changed, a government employee may be held personally liable if their actions violate the law. Now do not interpret these remarks as any prediction of the Fulton case. File this post in the For What It’s Worth folder !!!
You are correct, “if their actions violate the law.”
That is however why Sundance is saying the outlook on this is bleak. (I agree) For this to survive the next step you would need to show that any one of the BoE was directly involved in the accusation at hand. In this case the accusation is “fraud” and there is nothing in any of the evidence that currently points to a BoE member being even remotely involved.
Even if you could your next steps would be brick walled like Antrim county Michigan was. Why, would be best stated as saying a judge can not substitute in palace of the of the legally responsible body of authority… That is the state Senate.
This is the wrong venue for the issue at hand and thus far the Republican Georgia legislators have been very clear cut in their desires to protect this fraud.
That is where the buck stops and we’d be better off directing all fire in the right direction.
This is a good example of why the Legislature ordering an audit it better than the Court system which is for arbitrating disputes between parties who cannot otherwise settle.
Listen to Bannon and his interview with John Fredericks (who has been deeply involved with this case since its inception) and you might change your mind. This was a victory.
I agree. The switch to deposing each defendant independently is not what the criminals wanted to have happen, at all.
Didn’t the BOE order or approve of the Fulton Election Office stopping the ballot count at 1am???
if arizona is hundreds of thousands of ballots short, maybe that will provoke more georgia investigation.
(correction) Maricopa County, AZ is hundreds of thousands of physical ballots short (reportedly)…the rest of the state has another 1M+ votes cast that have not been reviewed for validity yet
Maybe the sworn evidence suggests a link to one of the pending new defendants. Have not seen the details, guessing may go either way. But sounds like we will learn what kind of character this judge is made of.
One of the future details to be presented to the court will be evidence of ballot tampering by the Georgia election officials.
This simply illustrates the uselessness of trying to use the Court system to resolve this: any decent lawyer can derail the case or at least permanently gum it up. Instead, the people of the State must force their Legislatures to act. As an independent branch of state government, a Legislature can investigate whatever it pleases – in this case, to determine whether state employees who report to them did or did not do their solemn jobs. An imminently legitimate avenue of inquiry . . .
But, they must be forced. As FDR once quipped: “I agree with you. Now, make me do it.”
State legislators – Plenary power to order arrest? ( Assisted by any local sheriff?)
Bingo! You are correct in this, all fire needs to be directed at the Senate election committee. There seems to be a very large media driven protection racket going on to help prevent that from happening.
The abdication of responsibility doesn’t mean the SoS, Governor, House, House leadership or anyone else is to blame. It simply means the Senate is using those positions to hide behind and defect pressure.
The alt Media has become the Alt-MSM in this ordeal by falsely convincing people to look elsewhere for strawman and fall guys. It’s protection of a political party at it’s finest.
Could it be that they should file another suit in parallel. Who could argue that what we are seeing is NOT organized crime?
“The meaning of RICO law, or the “Racketeer Influenced and Corrupt Organizations Act,” is that it is a law that allows authorities to punish offenders engaging in criminal activities, particularly racketeering. For example, RICO law punishes crime bosses who order their subordinates to carry out criminal activities for them.”
But if there is no suit, there is no discovery to uncover RICO acts unless government agencies are involved. I see the ruling as a “no-win” because any case against a named defendant will not be able to be backed up with hard evidence of criminal wrong-doing. Even double-counting will be attributed to sloppiness, not intentional. Discovery that would get access to emails and texts of all parties is necessary.
how can they claim that double counting attributed to sloppiness, when you have a video that shows them counting the same ballots over and over again. they call it incompetence, ya right, nothing more than frauding the American voter, every time they recounts the same fraud ballots American voters votes are cancelled out,
They had no role in the county’s ballots? Why the hell are they there then?
I’ll say it again…the left will burn this entire country to the ground before they will allow these audits to have any effect whatsoever on the 2020 election and the GOP establishment will help them.
The sooner everybody realizes what we are actually facing, the better off we will be.
Two thumbs up.
The leftist Democrat deep state is in a steel cage death match.
The rinos continue to play Marquis of Queensbury nice.
Power will be seized from the Democrat criminals only when republicans can grab the nettle and go into the gutter
This Republican Party will never do that.
Most of them don’t even want to do that.
so what exactly are you saying, are you afraid and want to stop because they threaten destruction, so we should just cave to them and let them have everything they want. are you one of them with this back door threat. the d-rats have been doing this for a very long time and now is the time for conservatives to stand and fight with resolve. We know the d-rats will do whatever it takes, even criminality, to gain and keep power, power over the people to tell us how to act and what to think, not happening. we know there m.o. and it will not work any longer. the left / d-rats have already killed 50 people rioting, 2000 cops injured, 1500 businesses destroy and 2 billion dollars of damage. d-rats need to be defeated by the ground swell of American patriots who do not bend to the will of the disgusting d-rats. d-rats are anti America, anti Constitution, anti Rule of Law, anti Freedom and Justice, they are evil corrupt liars, haters, cheaters, intimidators, manipulators and complete and total hypocrites. Conservatives do realize this and we will not back down.
“so what exactly are you saying, are you afraid and want to stop because they threaten destruction, so we should just cave to them and let them have everything they want.”
Who tf are you replying to? Nonsensical statement.
They may try, but they have families too. They want to act like the mafia, they will be punished like the mafia
Boris Epshtein on WarRoom had a more optimistic perspective as did John Fredericks. They said this judge has given five verdicts iin our favor consecutively and the MSM is claiming victory for their side!
It seems that the judge shifting the defendants in the voter fraud from the County to individuals is a positive thing if they are Individually responsible. Cowardice is contagious, which is why they shoot deserters. Losing one’s home, savings, investments and personal property is wonderfully effective in focusing the mind.
Let the Games Begin!
I agree, if they’re individually liable they’re more likely to crack or flip. There’s too much media attention with Arizona poised to announce fraud for this judge to commit career suicide by tossing this case. Plus all the dead bodies. Easier to do the right thing here, because we know they tried bribing him
Our Federally elected officials should pass a law mandating States audit Federal elections. This way, citizens of one State are not adversely impacted by voter fraud in another State.
Common sense……..built in trust in system….and that’s why we won’t see it.
Quite true! We should all reject the implied notion that ‘states have the constitutional right to cheat if they so desire owing to the fact that no one has legal standing to look over their shoulders, thus allowing them the prerogative to fudge their vote totals and with no effective accountability.
Just imagine our money-grubbing Dems accepting a new tax law that allows payers to use tax forms ONLY as a means of figuring out their correct tax amounts, but without the requirement of submitting those tax forms in order to substantiate the amounts they send the government?!!
In the case of Georgia elections, their preposterous procedures merely presume the correctness of the legal right to vote of all Georgians, as well as the correctness of their identities.
Why not do the same re income taxes? In other words, simply presume that tax amounts submitted are correct given the taxpayers signed oath affirming the truth of their accuracy.
(cont.)
Re this particular lawsuit, there is one very positive sign: Judge Amero commented during this hearing that there is a compelling public interest in TV coverage of the trial. Just think that through! Strongly implied is that this will be an honest legal proceeding in front of an honest judge who sees a valid claim that the public needs to see! If not, why on earth would he invite cameras if this case were to be swept under the rug????
I think he is all smoke and mirrors.
“Why not do the same re income taxes? In other words, simply presume that tax amounts submitted are correct given the taxpayers signed oath affirming the truth of their accuracy.”
Perfect Analogy, thank you!
Oh they are trying to do that with the current house bill… And pray that they don’t successfully do it.
I’m sure your intention is true, you however are advocating for what most call the “deep state” to take over elections.
Federal intervention is never the answer to anything! That’s how we got here.
The board of elections is responsible on all counts
Perhaps the coup realized that the RICO Act is the key to their destruction? So why not take out its inventor? And perhaps the solution to this problem.
How Giuliani reinvented the RICO Act – 1 minute and 30 seconds duration.
August 14, 2014
Former New York City mayor Rudy Giuliani tells Feherty about how he reinvented the RICO Act to prosecute organized crime in this exclusive clip from Feherty.
https://www.golfchannel.com/video/how-rudy-giuliani-reinvented-rico-act
He was a Federal Prosecutor- I don’t think bringing on the Feds would be a wise move on a State responsibility.
As long as RINOS Kemp and Rasberry calls for an audit nothing will happen.
BE ADVISED: 45 mins. ago Rik Garland called in his neo-marxist stenography pool to announce he and his Dept. of Just-Us are suing the Ga./Fulton County audit principles for their “Attempt to deprive blax thier RIGHT TO VOTE“. Anybody want to lay odds THIS is the reason for Amero’s muted “ruling”? I say he was in touch with Garland/Just-Us and Amero pulled up because he KNEW this was coming. The two of them probably spoke just before this black robed monk ruled on the latest stunt. And here it is. I knew theyd pull this shxx as several other states are planning audits now with Maricopa pending shortly. A reckoning approaches with increasing velocity.
Reckoning? Expect a high velocity distraction or false flag just in time to prevent that
I think this is why Arizona went first.
This judge must have went to the same law school as former fired FBI director James Comey who declared Hillary had no “intent”. It’s about time that some of these miscreants of the law are disbarred tarred and feathered.
Judge is dragging this out- the old time warp scam, like counting ballots for days, always proves to be a con job and slight of hand.
Not a lawyer but do not understand why you cannot sue whomever was responsible for the counting….after all there must have been one person that had overall command……..
I suppose the best analogy (for me) may be a pilot of the plane might well be in control……but the person controls the plane and its pilot should be the ones you go after!
Essentially the one who signed off the result and signed for monies must be in control.
It may turn out, as it did in AZ, that Dominion reps were handed the responsibility for the counting.
In AZ some observers swore in affidavits that they saw Dominion reps acting totally in charge with election workers deferring to them.
Why can’t they just make the GA Sec of State and/or the Governor the Defendant?
The communist stranglehold continues to tighten.
https://therightscoop.com/breaking-biden-ag-suing-to-stop-georgia-election-law/
Mike Pence is proud of certifying the 2020 election results. WAT????????
https://currently.att.yahoo.com/att/cm/departure-trump-world-pence-says-045210846.html
The Left is launching their take down of the Nov 3 audits because they recognize that the truth is gaining momentum. My Mama witnessed & by God’s hand, ultimately was able to help her Mama & siblings escape from Belarus/Ukraine. After five years of starvation, bullets flying, bombings dropping, they made it to the USA. This same playbook is now being released again. Where would any of us or our children try to escape to? I believe that the same God & Creator of all, knows exactly what will happen. I trust in HIM.
“The next lawfare chess move looks transparent, but maybe I’m wrong.” You’re wrong. The lawsuit continues, depositions continue, and now the individual members of the board remain liable.
So, when Stacey Abrams sued Governor Kemp and the State of Georgia why wasn’t her lawsuit thrown out due to SOVEREIGN IMMUNITY!
So who signed off on the contract for Stacey Abrams’ company to supply the temp workers who we have evidence of engaging in the fraud? There was a clear conflict of interest in that official act using taxpayers dollars that might be a crack into an audit. Did the board members who are now parties instigate it, formally approve it, or winked at a staff action?
Not a lawyer and not completely up to speed on this issue but it sure seems suspicious to me.
Truth is legal US voters don’t want their votes cancelled out by an illegal vote.
The Federal govt should pass laws making it mandatory for all States to audit their elections in Federal elections for accuracy.
This way, States who run legit elections are not impacted by States which don’t. Only Feds can pass this.
I know, too simple and reasonable.
Only parties against are those who cheat in elections and media who may not be able to announce a winner on election night.
If they were in charge then they are complicit as a whole
Yeah, I am not a lawyer either, Lawfare has yet again put another nail in the coffin of freedom. Nice work, freakin lawyers.