Last week a Georgia judge agreed to allow plaintiffs to review Fulton County absentee ballots, the physical ballots, in a process yet determined (future order forthcoming). The custody of the ballots would remain under the control of the Fulton County election officials, but the auditors will be permitted access to them. This could be significant as there are 145,000 specific Fulton County absentee ballots at issue. [Background Here]
Previously an expert testified a difference of approximately 21% (of “low resolution” absentee ballot batches) from what the state reported to what the auditors were able to see. A large number of the scanned ballots appear to have been counted twice. The only way to really tell if any of the batches contained duplicated or photocopied ballots would be to look at the physical ballots (preferred) or to look at high-resolution images of the physical ballots. Last week a judge agreed.
However, yesterday Fulton County officials asked a court to dismiss the underlying lawsuit because they do not want those absentee ballots to be inspected. [pdf filing HERE]
GEORGIA – […] The motion to dismiss, which was filed on Wednesday, argued Garland Favorito and the other plaintiffs never served the county and that the Superior Court of Fulton County lacks jurisdiction in the case. Attorneys also argued that Fulton County is not a proper party to the case.
“It is an improper party because it is not the final policymaker with control over elections,” the motion said. “The Elections Code states that where there is a board of elections, that entity acts as a superintendent and conducts elections and primaries.” (read more)
I would like to hear from some of you lawyers out there about the merits of the motion to dismiss.
marc: Merits? That’s setting an awfully high bar.
Great answer! Actually the only one in these circumstances.
Seems contradictory to argue that you were never served and that you are not a proper party to the case. If you’re not a proper party why would it matter if you were served? Seems like a prime example of the legal tactic of throwing as much mud as you can against the wall and hoping some of it sticks.
“No Standing” or “not a proper party” are variations of a theme that courts have employed to ignore the election fraud. If the court rejects this contention, I wonder if the complainants have enough resources t appeal until a court venue will agree to their argument?
Word is that the Judge delayed tomorrows meeting. Which means the ballot scan has also been delayed. I cant find anything official, so I cant be certain.
https://www.theepochtimes.com/georgia-judge-postpones-election-ballot-examination-after-county-files-motion-to-dismiss_3833447.html?utm_source=partner&utm_campaign=gp
Delayed until June 21st at the earliest is ridiculous. Every single time we get close, the rug gets yanked out.
Have we lost the country? Is this even a democracy any more?
The beautiful thing about what you wrote is it illustrates the most fundamental point: we no longer have to believe the lie.
The Government in all three branches and at every level has declared all elections are legitimate regardless of what anyone thinks, nobody has the right to ask questions, and the result the Government announces is the only result that can even be discussed.
If those are the rules, then we no longer have to pretend that elections matter, and we no longer have to pretend that the government derives its legitimacy through a democratic process. It’s only legitimacy now comes from its ability to terrify people into accepting whatever results it claims.
Barring some sort of massive snowball effect (ala the Fauci Virus) the only way to attack the illegitimacy of the above system is to refuse to participate in it.
100,000,000 people need to sit out the 2022 election if these audits are impeded.
“The beautiful thing about what you wrote” is what you wrote! EXCEPT for your conclusion! You see, friend, that’s what they want. We would then move from having ‘scarcely any power at all,’ to having ‘absolutely no power at all.’ Stretching out as much as possible our eventual demise only works in our favor, and against them. The longer the process lasts, the greater the likelihood that something significant might fail to materialize for them, and then freedom gets one more ‘undeserved’ chance to reassert itself.
They care less 100-million sit out. If they cared about the 100-million, they would not use fraud to maintain power over the 100-million. They already demonstrated the dispatch of 100-million by making sure they had 100,000,001.
Sitting out any election is like joining those who perpetrated this tyranny.
Vote.
Need more voices coming from of those of us caught in the NOVEM-19 COUP – a
result of the COVID-19 FLU.
100 million need to steal the election back away from them
a coordinated vote with a sledge hammer
Yes and no.
Please, for the love of our country, stop calling it a democracy! The United States of America was never a democracy. The founders hated the idea of a democracy. We are a Constitutional Republic.
But to answer your question, yes. The United States of America stopped being a Constitutional Republic on January 20th, 2021. They used their power to take control of the USA. We are now a socialist democracy whereby those in power create the laws they want other people to follow.
Through slight of hand via congress the Republic was stolen in 1871.
Nobody wants to look that hobgoblin in the eye. It would undermine nearly every political doctrine and practice of the Antebellum era.
I heard it was taken back. We are no longer a corporate democracy. We are a Constitutional Republic!!!
Until We the People unite and stand up to put a stop to it. The only problem with the “Insurrection” of Jan 6 is we needed more people and we never should have left.
THANK YOU for your accuracy.
????????????
I’m guessing plenty of people are getting warm around the collar these days.
I’d love to be a fly on the wall during some of these zoom calls! Frantic search for ways to keep the lies suppressed as the sunlight just gets more intense every day.
DD
So now election codes and those who control elections are all of a sudden important?!?
Bring it all down.
If We the People in GA sued the Board of Elections, they’d claim that was wrong too. Or W-t-P don’t have standing.
I’m with you…burn it all down.
that is a good point, but then why doesn’t the people of georgia sue the GA Board of Elections.
I think we should. Sue them all, at multiple levels including kemp and raffenstraitor.
stop thinking a court of law or someone else will help us
justice will be from our own hands.
Robb Pitts?
Aptly named individual if there ever was one.
Robb is having an off day. He forgot to throw
out the race card. Normally that’s the first thing
that happens when the risk of getting caught occurs.
The ballots are the property of the county. Why would the BOS have any jurisdiction over an election that already happened? They’re really grasping at straws.
From the bad guys: “The ruling and any prospective findings cannot change the 2020 election results in Fulton County, as they have been certified and confirmed with recounts, the Atlanta Journal-Constitution reported.”
So, what’s the problem guys? You protest too much.
Let the fun begin.
If we do not nail them, they will continue to cheat for the next 100 decades. We demand that our votes be counted, not changed nor discarded.
Fraud vitiates all.
Great, succinct comment!
Supreme Court, here they come!
The Supreme Court has already turned their back on the People. It’s up to us now to unite and take back our country.
That is like going to Mexico and being robbed by the police. When the victim complains, the police say, “file a complaint.”
What did the lawyers do, get on a plane from Maricopa County with copies of their legal strategy? Lol.
Innocent people do not behave this way. They release everything and say “look for yourself”.
After we punch through this layer of cover-up, we reach the cover-up which was the election.
They didn’t dump millions of phony mail-in ballots to turn the election. They dumped millions of phony mail-in ballots to turn the election into a sick joke.
A riddle, wrapped in a mystery, inside an enigma – Churchill
The sainted Rush Limbaugh warned for many years that the Democrats were done, fed up with democracy. He didn’t know what paths they would follow, what methods they would pursue, but they would subvert American democracy.
If the Democrats have any say from this point on (and they do) American elections will be opinion polls and nothing more.
Rush talked constantly about how the D RATS were fed up with elections and would do anything to get rid of them. Rush, like Trump was always right.
Just read the motion. I am not a lawyer but I am concerned because it seems pretty straightforward and just the kind of lawfare crap that dominates our entire legal system. At this point, absent the plaintiffs response, my bet is that it gets dismissed.
I listened to the court hearing on 5/21/21 on whether to allow physical inspection of the ballots in which, the judge ruled in favor of the plaintiffs. I am not an attorney but my question would be why, during the hearing when Fulton County had the opportunity to present their desire or pleading (or what ever is the correct legal term) did they not do so. If I was a judge I would be a little upset with a defendant if they filed a motion to dismiss a case after a hearing. Sounds to me like they are trying to shut the barn door after the cows escaped !!!
The cows have not yet escaped… the barn door has not yet been fully opened. It’s only been 6 days since the ruling. But it’s typical shrewd Democrat Lawfare. They wait until the other side has fully exposed their case, then devise some twisted but barely legal argument to counter it.
Precisely.
Actually, it is precisely the kind of crap that Lawfare files.
“Arizona and now New Hampshire point the only possible way forward.”
Any lawsuit, even one brought by thousands of plaintiffs, can be effectively de-railed by “a not-so secret $100 million dollar payment to a corruptible judge.” (Truly: “Money is no object … how much do you want?”)
The only actor who can operate in any of these cases – as in Arizona – is the State Legislature. An entity which possesses “plenary” powers of its own as a co-equal branch of state government. The entity which each of these state officials directly report to … i.e. “their boss.”
My understanding is that the Georgia legislature is not in session. The Republicans can’t call themselves into session without a super majority, which they don’t have.
The governor, Kemp, could call them back but he isn’t inclined to do so (he created the mess and is complicit).
No idea when the Georgia legislature comes back into regular session.
Would love to hear from someone in Georgia or anyone else who knows more than I do about their situation.
Looked it up. Looks like next January ?
Any one on the fence re: parties should be flat on their back about now.
Neither is trustworthy, yet one shows glimmers of hope.
The other just hasn’t changed their letterhead to “Un-united Socialist States of America “
Déjà vu.
It should be common knowledge to all by now that Jovan was offered $10 Million to not take part in a certain audit.
“…argued Garland Favorito and the other plaintiffs never served the county and that the Superior Court of Fulton County lacks jurisdiction in the case. Attorneys also argued that Fulton County is not a proper party to the case.
“It is an improper party because it is not the final policymaker with control over elections,” the motion said. “The Elections Code states that where there is a board of elections, that entity acts as a superintendent and conducts elections and primaries.”
So Fulton Co wasn’t a proper defendant, but throw out the case anyway because Fulton Co, as a non-party wasn’t served. Is the Judge supposed to just choose something from the grab bag? I do agree that the County is not the final policymaker with control over elections — however, that would be the State Legislature, not some local Board. But the question here is control over the used ballots, files, and devices from a past election. Whoever has legal custody of those is the party to the suit. As always, these clowns want to conflate a fraud investigation with an election.
Hey, there are limits!!
Hands off. They stole it first.
What a country. Best government money can buy. And if you get in early, you not only get a guy to go your way, with the right setup ( & enough bucks ) you snatch up the whole election!
Kinda like chess. Kinda like pro sports. And YOU own the winging team!
Whatta country.
Money does not talk. It swears.
If you have twatter/Facebook folks who insist that the conspiracy of election fraud/cheating has been thoroughly and completely debunked, reply to them, you mean the same way that covid originating in the Wuhan lab and escaping by accident or on purpose was debunked in spring 2020 and now one year later all those fact checking big tech media are furiously backtracking without any self reflection and introspection?
Also the Russia conspiracy and two impeachments.
Next election, we need to bring sledgehammers to the polling place.
No more machine counters – one way or another the machines cannot be used ever again.
And then we mandate photo IDs for voting.
“Next election” is starting to sound like “Next year in Jerusalem”.
HR-1 passes ( Nancy Pelosi’s Death to America Act ) and the American dream is ashes.
You won’t be voting next time anyway. You are a dissident. New Americans are showing up on the boarder every day. They will be voting instead of you.
You may have failed to notice that aliya has brought more Jews to the Holy Land than remain in these United States.
Admittedly, it took 3/4 of a century to accomplish but the result was achieved because the seminal idea was faithfully observed.
Likewise, never give up on the prospect of our beloved Republic being restored to its former state of glory among the nations.
Trust God and work religiously toward that end.
I’ve been saying that since election day
the fact that they could pull it off in the first place tells me
that justice will only come from our own hands
its time to buy some BLM/antifag Merch
for Nov.
“It is an improper party because it is not the final policymaker with control over elections,” the motion said. “The Elections Code states that where there is a board of elections, that entity acts as a superintendent and conducts elections and primaries.”
This isn’t an “Election, nor a Primary”! This is a “Review of “CAST” absentee ballots.
“CAST”… past tense.
It is the “Actions” of the “final policymaker with control over elections”, that is in question.
To suggest the “policymakers with control over elections” are the ONLY ones able to determine if “The policymakers with control over elections” acted illegally, or allowed others to act illegally, is ludicrous.
That is pretty much what we have said all along. The SoS office had its investigators investigating themselves, allegedly, so of course they passed with flying colors. But that info is a sealed too. Has anyone heard anything on the thousands of complaints/testimonials/affidavits filed with them?
AUDIT EVERYTHING!
Any nickel chasing shysters who don’t want us to see the truth should send a crystal Clear message who is actually destroying this country and the voting system
The amount of people thinking the democrats want to pack the courts don’t realize it already happened…Daddy Bush, Clinton, Baby Bush, Obama. They packed the lower courts. Packed them so full you will have a difficult time finding a conservative judge in any blue state. Sadly, the red state conservative judges roll over too.
“The defendant would like to disqualify the surveillance video on the grounds it would prove him guilty, your Honor.”
Precisely!
The plaintiff has no standing because during the fraud Ruby was sitting down your honor.
The Three Stooges live!
From the article:
“Georgia Secretary of State Brad Raffensperger suggested the plaintiffs’ complaint was appropriate and criticized the county for its past handling of elections.”
These people have no shame. I would laugh out loud if this wasn’t so pathetic.
I am not sure if I should be more insulted that Sad Brad said this, or if he actually thot we would believe it?
Ok folks. It is time to let Florida off the hook. I propose and nominate Brad Raffensperger, for the 1st evah prototype of the new and improved, Georgia Man!
Ok, Ok, just kidding all you GA folks. I will quit for the day.
Brad needs security to go outdoors.
They hate us…
There’s a reason Hillary used the word ‘deplorable’, it’s because that is what they think about half the citizens of this country. Yes, they do hate us.
How much do you think Hillary and friends respect the fools who vote for them because their parents always voted for Democrats?
The “fools” would be the first Hillary would get rid. She is smart enough to know you can’t run a Country with idiots.
The official election results gave GA to Biden by a margin of 11,779 votes.
There is PLENTY of room in these 150000 ballots to overturn that fraudulent result
Bingo
Wow people getting downright desperate. The fraud that happened all over is all going to be revealed bit by bit. This is going to be a fun summer.
Recent polls reflect 50 percent of Republicans (basically 25% of all voters) don’t believe the 2020 elections were accurate.
How do you deal with this other than mandatory recounts?
How do you restore trust without this being validated?
How is an election process conceived which does not provide transparency? And at what cost?
I have said all along 5th graders, given one month, would come up with a more efficient, less time consuming, less cost with built in auditing than this process we pay billions for and cannot validate.
BTW, any legal voter, (Republican, Democrat, Independent etc) whose vote is cancelled by an illegal vote, has standing.
If an invalid vote was recorded, it impacted a legal voter.
The margin for Biden is basically my entire GA rural county. Those votes were cancelled.
Sorry. We don’t do fake polls here.
Such an odor of Kemp, Raffensweasel and the Georgia version of Lawfare emanates from this judicial request. Rinos’ scent of fear and spearheaded by the oh so frightened Democrats.
Both parties are complicit in election fraud. A gut check type of test for any shred of a constitutional republic that may remain.
A personal fear is that a variation of “no standing” has been a acceptable argument, all the way to the Supreme Court and Texas.. A need for local effective activism is a challenge to address.
Don’t forget Squirrely Sterling.
Just to clear things up for me…
Is the CTH article posted below on March 16 part of this same lawsuit. In other words, is the article in #1 part of the same chain of events as #2 & #3 or is #1 from a different case?
1) Mar 16 – Georgia Judge Gives Voter Integrity Group Access to Fulton County Election Ballots, “We have sworn affidavits from several poll managers who say they handled counterfeit ballots during the hand count audit” (Link)
2) May 21 – BREAKING, Judge Orders Physical Review of Fulton County Ballots – Expert Witness Testified High Percentage Discrepancy in Ballot Batches (Link)
3) May 27 – Democrat Officials in Fulton County Georgia Ask Court to Dismiss Ruling Granting Audit of 150,000 Absentee Ballots (Link)
(#3 is the current article we are now on.)
Taking another look at #1, it appears that the voter integrity group (Voter GA) discussed in #1 is not related to #2 & #3.
Georgia Judge Postpones Ballot Examination After County Files Motion to Dismiss
by Zachary Stieber
27 May 2021
https://www.theepochtimes.com/mkt_breakingnews/georgia-judge-postpones-election-ballot-examination-after-county-files-motion-to-dismiss_3833447.html
Remember, in any court proceedings the Leftist always wins!
Election fraud in Democrat ghetto cities like Atlanta, Chicago, Baltimore and Philadelphia has been accepted by Republican officials and law enforcement agencies as just another minority welfare program!
SURPRISE – SURPRISE
GA Judge stops audit, schedules hearing (maybe on June 21st). I am so sick and tired of this un-American BS!
https://www.thegatewaypundit.com/2021/05/breaking-georgia-judge-postpones-fulton-county-ballot-examination-set-friday/
That’s very disappointing.
Obfuscation.
Behavior of an innocent person: Pres. Trump gives Mueller EVERYTHING, including full access to campaign communications and all of his staff. Says “I’m innocent. Here’s everything. Prove I’m not.”
Behavior of a guilty person: scream that I have no standing, hide and destroy evidence, and accuse everyone who asks questions of sedition and insurrection. And threaten their families.
These democrats have no shame, you can’t cheat that brazenly, their day of reckoning is coming.
They have had lent of assistance from Republicans.
I’m a paralegal, not an attorney, and I haven’t read Georgia’s election code, but the Motion filed is the equivalent to what we call “Peremptory” exceptions – no right of action, no cause of action, insufficient service of process, etc. in Louisiana.
I don’t know who was or was not served, but if no one was served, they are correct that the suit cannot proceed. However, all that requires is for the Petitioner to cure the service deficiency (assuming there is no statute of limitations issue that now bars the suit). Ordinarily, a Petitioner would have at least a year before a statute of limitation would kick in, but I don’t know about the election law and what the statutes of limitation are where election issues are concerned there.
In other words, their allegations and reasons for requesting a dismissal are curable errors and the court should order the deficiencies cured, not dismiss the suit.
That’s the best they have? Improper/no standing?
That was litigated weeks ago, and Garland Favorito was established to have standing long ago.
Now they attempt to have dueling courts.
Could they go any lower? The depths of their lies and deceits must reach clear down to the depths of hell.
It’s simple liberal or rino judge no one sees the man behind the curtain. Conservative judge who is not a wimp with a moral compass exposes the man for all to see.
It’s Democrat Lawyers…. Until people realize our Republic is being destroyed by Lawyers, politician Lawyers and unelected Bureaucrat Lawyers nothing will change … The law profession is corrupt abs the complicit judiciary allows it…
Taking a step back, the thing to keep in mind is this; if documented, verifiable evidence of voter fraud is produced in the next 10 months, it would be a disaster for the Democrats in the 2022 elections–assuming HB 1 and SB 1 aren’t passed before then. If such evidence made it beyond Enemedia and Big Tech censors, then it begins a potential domino effect that cannot be stopped.
The Left / Dems / Ruling Class knows this. Hence, their frantic efforts to keep a lid on all this until they can get federalized voting rules in place to ensure one-party rule forever.
Wild Card Analysis: Ok, so what happens if a couple states (say, AZ and GA) manage to produce sufficient evidence of voter fraud on a scale that would have flipped the states to Trump? If this happens (I’m not optimistic) within the next nine to ten months, then of course, we’d be dealing with House Speaker Kevin McCarthy……
Heads they win, tales we lose.
“[W]e’d be dealing with House Speaker Kevin McCarthy……”
If this scenario were to unfold, whose position would be more precarious —his or ours?
74,000,000-to-one odds are Powerball numbers and Kevin’s balls are conspicuously missing.
Yep, I saw Ruby in the purple dress take the same batch of ballots from the suitcase under the table and run it through the machine 3 times.
Anybody can go to the surveillance video and watch her do it . . .
Yes but that video has been debunked……..so”they say”.
/sarc
This is a consequence of Joseph Robinette Biden’s premeditated election fraud.
The lawfare move worked, for now at least:
https://georgiastarnews.com/2021/05/27/judge-halts-audit-of-georgia-ballots/
Isn’t this a Democrat locale?
People without skills and education needed to honestly get the affluent lifestyle they crave, resorting to political corruption instead.
This needs to be brought out into the sunlight.
“‘It is an improper party because it is not the final policymaker with control over elections,’”
This is a disingenuous argument containing a kernel of truth.
State legislatures possess plenary authority (“final policymaker”) regarding federal elections. The state legislatures of Michigan, Georgia, Wisconsin, Pennsylvania, Arizona, New Hampshire and Nevada could unilaterally withdraw the certification of electors from the Electoral College and demand new elections.
Ultimately, they could arbitrarily appoint a second slate of electors to annual the votes cast for Joe Biden/Kamala Harris.
However, this plenary power is not what Democrat officials genuinely argue.
Their true design is for the legislature to be frozen out of the discussion and to leverage the courts as a means of frustrating the express intention of the electorate and its untainted representation to the Electoral College.
Let the wrath of God and the fire of Hell consume these snakes so that we may conclusively renew our Constitutional Republic.
Agreed but they have to be in session to use their plenary power (and want to use it).
Example: Georgia. They are not in session and won’t be until January 2022.
A special session could be called by (1) the governor. Kemp isn’t going to do that. (2) 60% of the House and Senate agree to a session. The Republicans have a majority but not 60%.
Haven’t researched other states but none of them can act if not in session.
That’s Team R for you. Losers by choice.
Citizens across America have taken over school boards through The Robert’s Rules of Order.
Some Georgia counties use The Robert’s Rules of Order.
Using The Robert’s Rules of Order may be like using a hatchet on a hangnail, but there is no judge as the middleman.
Well, he “postponed” the inspection Friday. Did someone get to him? We’ve got plenty of likely suspects not to mention the 3 letter agencies and China.
Inspect the ballots.
What’s the point of keeping the ballots for 22 months or whatever it is if you can never look at them again?
Shhh, Comrade!
Judge caved like a ?.
democrats are so over the top corrupt they just cannot, and now don’t even try, to hide it.
Expect the physical ballots to disappear before any audit can take place. Remember that Georgia Governor Kemp and his AG were part of the fraud and they will do everything necessary to ensure there is no audit to expose the incorrect count.
Holy Smokes are things moving fast.
The ink on this post wasn’t even dry, and history screamed by at warp speed.
All this smacks of fear of the known, which must stay hidden.
Boy they sure are afraid of what is going to be found. Only way we will ever have a fair election is to expose these Dem criminal and perhaps some Rhinos also.