Good morning.
At 10 am there will be a hearing in Atlanta for Sidney Powell’s “kraken” conspiracy lawsuit to overturn the Georgia elections. Just this morning, a judge in Michigan tossed a similar effort to overturn that state’s results.
Here’s a quick primer on the GA case.
“Much like the mythological 'kraken' monster…their claims of election fraud and malfeasance belong more to the kraken’s realm of mythos than they do to reality.”
“The security of the state’s electronic voting equipment was not compromised.”
This weekend, the defendants dismantled it in a brutal motion to exclude her “expert” witnesses.
It’s too detailed to describe but here it is.
https://t.co/0z9soJ3Vtv
Judge Timothy Batten, a GWB appointee, on the bench.
He tells the parties this hearing is being audiocast nationally so...be forewarned.
Legal problems include: standing, untimeliness, state claims not federal claims made.
It's breathtaking:
Have a federal judge rule that "massive fraud" occurred, scrap the entire election in Georgia and effectively name Donald Trump the winner.
"This case simply does not belong in this court," he says.
Belinfante says the suit seeks "to substitute judicial fiat" for "the will of the people."
There is by now a growing body of case law that cuts against almost everything Powell has argued.
"At this point," she says, "there is simply no question that Joe Biden has won Georgia's election."
"Voters not lawyers choose the president. Ballots not briefs decide elections."
Statistical analysis, video, etc.
He asks her about federal/state claim issue.
Powell swears without explanation that she has raised federal claims.
Powell: These are federal claims.
Powell: Bush v Gore allows it.
*Shrug emoji*
Powell says she came forward with her claims as fast as possible.
She is saying this is a massive case with worldwide importance.
Frankly, she sounds crazy.
She mentions the Fulton County video...
She is completely ignoring Judge Batten's schedule and is likely flirting with disaster.
Powell says yes, there's more fraud everywhere--everywhere!--in Senate seats, House seats, gubernatorial seats...
"This is nowhere near over," she says.
He asks: How do your clients survive the motion to dismiss on standing?
Powell says electors have standing.
Appeals courts, he adds, have made it clear they don't want federal court handling this issue. They want state courts doing it.
Extreme importance felt by a litigant is not a legal argument as far as I can tell.
She's back to the conspiracy theory evidence:
The military intelligence canard.
The "lie" about the water leak.
The "suitcase" votes....
Plaintiffs also do not have standing, Batten rules.
Powell could have questioned the use of Dominion voting machines in GA months ago, not three weeks after the election.
"As if such a mechanism even exists and I find that it does not," he says.
More from Law
Some WESC submissions that are worth a read....(my thread of bookmarks)
Judge Paula Grey is president of the Gender Recognition Panel
She doesn't make any recommendations, but she sets out how the process currently works
Which chimes with my analysis of the GRP User Panel and statistics https://t.co/XixEz7lNJv
She is also co-author if the Equal Treatment Bench Book and writes about how the judges are trained by Gendered Intelligence
There is the government's own response
https://t.co/bOn9XecAkz
On single sex spaces they say the law is clear that service providers are able to restrict access to spaces on the basis of biological sex where there is clear justification.
The response from @womensaid is significant.
Their members want trans survivors to get support they need but not by undermining their ability to serve women with female staff & female only services
They highlight lack of clarity
https://t.co/p7096sZcos
This was their position in 2015
They have moved on alot - they have been consulting with members since last year, and have had the courage to say what their members told them, not what Stonewall wanted to
Judge Paula Grey is president of the Gender Recognition Panel
She doesn't make any recommendations, but she sets out how the process currently works
Which chimes with my analysis of the GRP User Panel and statistics https://t.co/XixEz7lNJv
She is also co-author if the Equal Treatment Bench Book and writes about how the judges are trained by Gendered Intelligence
There is the government's own response
https://t.co/bOn9XecAkz
On single sex spaces they say the law is clear that service providers are able to restrict access to spaces on the basis of biological sex where there is clear justification.
The response from @womensaid is significant.
Their members want trans survivors to get support they need but not by undermining their ability to serve women with female staff & female only services
They highlight lack of clarity
https://t.co/p7096sZcos
This was their position in 2015
They have moved on alot - they have been consulting with members since last year, and have had the courage to say what their members told them, not what Stonewall wanted to