POL BREAKING: PA Court Delivers ‘Big Legal Win’ To Trump, Mandates GOP Access To Ballot Counting [election legal challenges]

marsh

On TB every waking moment

McEnany Unveils 234 Pages Of Affidavits Alleging Election Irregularities In Michigan

Wed, 11/11/2020 - 13:45
Update: Read the affidavits and other evidence below:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4

* * *
Authored by Mimi Nguyen Ly via The Epoch Times,
White House press secretary Kayleigh McEnany late Tuesday announced 234 pages of what she said were sworn affidavits alleging election irregularities in a county in Michigan.


McEnany appeared alongside Republican National Committee Chair Ronna McDaniel on Fox News’ “Hannity,” where she shared several allegations listed in the affidavits—statements made under penalty of perjury - from Wayne County.
“We keep hearing the drumbeat of ‘where is the evidence?’ Right here, Sean, 234 pages of sworn affidavits, these are real people, real allegations, signed with notaries,” McEnany said.
“They’re alleging - this is one county, Wayne County, Michigan - they are saying that there was a batch of ballots where 60 percent had the same signature,” she told host Sean Hannity.

“They’re saying that 35 ballots had no voter record but they were counted anyway, that 50 ballots were run multiple times through a tabulation machine.”
WATCH: @kayleighmcenany runs through the shocking allegations of voter irregularities revealed in 234 pages of signed and sworn affidavits.

"These are real and anyone who cares about transparency and integrity of the system should want this to proceed to the discovery phase." pic.twitter.com/hesu7C9y77
— Trump War Room - Text TRUMP to 88022 (@TrumpWarRoom) November 11, 2020
McEnany also shared details of another affidavit where a woman alleged that “her son was deceased but nevertheless somehow voted.”
“These are one of many many allegations in one county, and a county no less, where poll watchers were in many cases threatened with racial harassment, they were pushed out of the way, and Democrat challengers were handing out documents, how to distract GOP challengers,” she continued.

“These are real, and anyone who cares about transparency and the integrity of the system should want this to pursue to the discovery phase.”
On Monday, President Donald Trump’s reelection campaign filed a suit in Wayne County Circuit Court alleging voter fraud in ballot-counting procedures. The suit alleges county election officials allowed various fraudulent processing of votes, including telling poll workers to backdate ballots and not verify signatures on absentee ballots. Several witnesses have filed sworn affidavits attesting to alleged election fraud. The plaintiffs, two poll challengers, are seeking a temporary restraining order on ballot counting. The case is pending.

Late Tuesday, the Trump campaign announced the filing of a lawsuit in the U.S. District Court in the Western District of Michigan that alleges pervasive election irregularities and violations in Wayne County and seeks a review of the Dominion Voting software which caused glitches in several states.

A number of media outlets declared Democratic nominee Joe Biden president-elect on Nov. 7 after they projected victories for him in Pennsylvania and Nevada, putting him over the 270 electoral vote threshold, although the vote counts have not been completed in those states. Vote counts also continue in Georgia and Arizona. Georgia and Wisconsin will have recounts of the votes, where results initially yielded a Biden lead.

Trump has alleged voter fraud and said any declarations of victory are premature, with his campaign having launched multiple legal challenges in Pennsylvania, Wisconsin, Georgia, Arizona, Nevada, and Michigan. The president said on Tuesday that his campaign is making progress and said that he will ultimately be declared the winner of the 2020 election.



RNC Chairwoman Ronna McDaniel speaks during a press conference at the Republican National Committee headquarters in Washington on Nov. 9, 2020. (Samuel Corum/Getty Images)

McDaniel told Hannity that the Trump campaign has received 11,000 incident reports and has compiled at least 500 affidavits from witnesses across various states.
“It is a long process and people need to be patient. The media keeps saying ‘where’s the evidence, where’s the evidence,’ because they’re not giving us time to show it,” she said.

“But even the evidence we’re putting forward they’re deciding ‘oh we’re not going to report it’ or ‘we’re going to break away from press conferences’ and we don’t want to hear from these 500 people who have signed affidavits talking about what they saw with this election.”
McDaniel’s comments come after Fox News late Monday swiftly cut away from airing a briefing by the Trump campaign, after McEnany appeared to allege that the Democrat Party had been involved in election fraud. The outlet claimed that McEnany did not have details to back up her allegations.

The Epoch Times isn’t calling the race until the legal battles are resolved, all results are certified, and the Electoral College votes are cast.
 

marsh

On TB every waking moment

Trump Files Emergency Injunction In Michigan Alleging Fraud; Demands Recounts Over 'Malfunctioning' Dominion Machines

Wed, 11/11/2020 - 06:55

The Trump campaign has requested an emergency injunction in a federal lawsuit aimed at preventing the State of Michigan from certifying the results of last week's election until election officials can certify that only legally cast, on time, and legally observed ballots are included in the count. The campaign is alleging several types of fraud, misconduct, and invalidated ballots based on a number of reasons - including 'malfunctioning' vote counting machines made by Dominion Voting Systems.



The Tuesday night filing in the US District Court for the Western District of Michigan alleges, among other things, that officials prevented GOP challengers from observing the count, scanned "batches of the same ballots multiple times," illegally accepted and pre-dated late ballots, including from unmonitored drop boxes, and that election workers illegally duplicated ballots," according to a statement from the campaign. The lawsuit requeusts that the court toss all ballots not observed by a GOP election challenger who has been "allowed to meaningfully observe the process and the handling and counting of the ballot."


Absentee ballot removed for counting at TCF Center in Detroit, Nov. 4 2020 (photo: Kimberly P. Mitchell, Detroit Free Press)

The complaint includes "more than one hundred credentialed election challengers" who have provided "sworn affidavits" that they were prevented from reviewing the ballot count, or validate the legitimacy of absentee ballots. Michigan Secretary of State Jocelyn Benson is accused in the suit of failing to follow state election code, which allowed "fraud and incompetence to corrupt the conduct of the 2020 general election."



GOP challengers allegedly blocked and intimidated:
  • Many challengers testified that their ability to view the handling, processing, and counting of ballots was physically and intentionally blocked by election officials.
  • At least three challengers said they were physically pushed away from counting tables by election officials to a distance that was too far to observe the counting.
  • Republican challengers who left the TCF Center were not allowed to return, while Democrats were, resulting in "many more Democratic challengers allowed to observe the processing and counting of absent voter ballots."
  • Many challengers testified that they were intimidated, threatened, and harassed by election officials during the ballot processing and counting process.

GOP election challengers demand to be let into the TCF Center in Detroit on Wednesday, Nov 4 2020

For reference, here's a video of people cheering as GOP poll watchers were thrown out of the TCF Center in Detroit as absentee ballots were counted.
Videos are leaking from inside TCF Center in Detroit showing them cheer as GOP poll watchers are being thrown out as absentee ballot counting is happening, the person filming this was made to delete it, democrat watcher outnumber republican by 3/1, corruption at the highest level pic.twitter.com/WqRPsAG6BS
— Don’t stop fighting ✊✌️ (@crystal78243104) November 4, 2020
Batches of ballots run through multiple times:

Multiple GOP challengers attested that "batches of ballots were repeatedly run through the vote tabulation machines," with one challenger saying she observed "a stack of about fifty ballots being fed multiple times into a ballot scanner counting machine." Another challenger claims they "observed a station where election workers were working on scanned ballots that had issues that needed to be manually corrected," adding "I believe some of these workers were changing votes that had been cast for Donald Trump and other Republican candidates."



When challengers did bring up issues with ballots, they were "ignored and disregarded," according to the complaint, with one claiming that "ballots with votes for Trump were separated from other ballots," and that when they raised challenges over ballot numbers which didn't match their envelopes, they were "disregarded and ignored by election officials," and the "ballots were processed and counted."

The filing also claims that ballots which could not be read by a machine were unlawfully duplicated out of the view of challengers, and weren't conducted by a bipartisan pair of election inspectors.



Faulty tabulation software:
The suit notes that in Antrim County, Michigan, voting machines manufactured by Dominion Voting Systems "were at fault" when they erroneously gave over 6,000 Trump votes to former Vice President Joe Biden. The 'error' - potentially affecting the same machines used in Wayne County - was blamed by Secretary of State Benson on a county clerk who failed to update certain "media drives."



Also noted were Dominion machine errors in Oakland County Michigan, which resulted in a Democrat being wrongly declared the winner of a commissioner's race by 104 votes - only to have their seat flip back to the rightful Republican candidate after the error was caught.

"These vote tabulator failures are a mechanical malfunction that, under MCL 168.831-168.839, requires a "special election" in the precincts affected," reads the filing.

Back-dated absentee ballots:
The filing also alleges backdating of ballots, after attorney and GOP challenger Jessica Connarn says she was told by a poll worker told her they were "being told to change the date on ballots to reflect that the ballots were received on an earlier date."

Connarn has provided a photograph of a note handed to her by the poll worker as evidence they were instructed to change the date so that absentee ballots received after 8:00 p.m. on Election Day would be counted.



Poll workers count absentee ballots for the city of Detroit at the TCF Center in downtown Detroit on Tuesday, November 3, 2020. (Photo: Ryan Garza, Detroit Free Press)

The Trump campaign also says that ballots were deposited in remote, unattended drop boxes which are "essentially equivalent to a polling place where a person can deposit a ballot," but "there is no validation that the individual deposing a ballot in the box is an individual who is qualified to cast a vote or to lawfully deliver a ballot cast by a lawful voter." The filing says that according to Michigan law, a remote ballot drop box "must use video monitoring of that drop box to ensure effective monitoring..."

Now we wait to see if over 100 affidavits and Trump Campaign attorney Thor Hearne are able to persuade a Michigan judge to halt certifying Joe Biden winner the state.

Meanwhile in Philadelphia...
BREAKING: list of Philadelphia Republican poll watchers put on “no-entry” list

From Philly Election Canvas: even @CLewandowski_ was put on it pic.twitter.com/nO6QZ8Y0va
— ELIJAH SCHAFFER (@ElijahSchaffer) November 10, 2020
 

Orion Commander

Veteran Member
If I was a poll watcher 6 feet would not help. I can't see that far. I would need to be right behind and watching over the shoulder. How can you garenttee (sp) that far away?
 

marsh

On TB every waking moment
Costantino v. Detroit
The Great Lakes Justice Center is suing Detroit and Wayne County for voter fraud in the November 3, 2020 election.

DOWNLOAD COMPLAINT

DOWNLOAD MOTION FOR TEMPORARY RESTRAINING ORDER

Introduction
The Great Lakes Justice Center had the privilege of representing Mrs. Costantino and Mr. McCall, Jr. in their lawsuit against Wayne County for election fraud.
Full Case Name: Cheryl A. Costantino and Edward P. McCall, Jr. v. City of Detroit
File No.:
Court:
Wayne County Circuit Court
Great Lakes Justice Center Role: Representing Plaintiffs.
Date: November 8, 2020.

Summary
The Great Lakes Justice Center (GLJC) filed an action in Wayne County Circuit Court alleging massive fraud in the election vote-counting procedures. The suit states Wayne County election officials allowed illegal, unlawful, and fraudulent processing of votes cast in last Tuesday’s election. Numerous witnesses have filed sworn affidavits under oath attesting to the fraudulent activities they observed directly. These acts disenfranchised lawful voters and potentially changed the outcome of the election. The various acts of fraud are itemized in the Complaint. The Complaint alleges:
  1. Violation of Plaintiffs’ Constitutional right to Election Accuracy and Integrity.
  2. Violation of Plaintiffs’ Quo Warranto right to a fraud-free Election.
  3. Violation of Plaintiffs’ Constitutional Equal Protection Rights.
  4. Violation of Statutory Election Laws.
Plaintiffs’ Complaint alleges many illegal and fraudulent actions by Defendants. For example:
  • Ballots were counted even though the voter’s name did not appear in the official voter rolls.
  • Election workers were ordered to not verify voters’ signatures on absentee ballots, to backdate absentee ballots, and to process such ballots regardless of their validity.
  • Election workers processed ballots that appeared after the election deadline and falsely reported that those ballots had been received prior to November 3, 2020 deadline.
  • Defendants used false information to process ballots, such as using incorrect or false birthdays. Many times, the election workers inserted new names into the QVF and recorded these new voters as having a birthdate of 1/1/1900.
  • Defendants coached voters to vote for Joe Biden and the Democrat party. Election workers would go to the voting booths with voters to watch them vote and coach them for whom to vote.
  • Unsecured ballots arrived at the TCF Center loading garage, not in sealed ballot boxes, without any chain of custody, and without envelopes.
  • Defendants refused to record challenges to their processes and removed challengers from the site if they politely voiced a challenge.
David A. Kallman, Senior Counsel with the GLJC, stated, “This type of widespread fraud in the counting and processing of voter ballots cannot be allowed to stand. Michigan citizens are entitled to know that their elections are conducted in a fair and legal manner and that every legal vote is properly counted. Such rampant fraud cannot be undone. We ask the Court to enjoin the certification of this fraudulent election, void the election, and order a new vote in Wayne County.”
Documents:
The Great Lakes Justice Center is a non-profit corporation dealing with Constitutional liberties and other civil rights issues. The attorneys at the center have spent countless hours to protect its client’s constitutional freedoms and are grateful to minister to such important causes. To support the Great Lakes Justice Center’s important work to protect our nation’s first freedoms, please donate at the link above.
 

marsh

On TB every waking moment

Michigan Judge Denies Trump Bid To Block Certification, Election Audit

Fri, 11/13/2020 - 13:49
The day is getting worse for the Trump legal team as following dropped cases in Arizona, and losses in Pennsylvania, Bloomberg reports that a Michigan judge has rejected an attempt by two poll challengers to block certification of a Biden win in Detroit. Additionally, the judge also denied request for an audit of the election.



Circuit Court Judge Timothy Kenny ruled Friday that the suit failed to show why he should halt the certification or order an audit of the vote tally in Michigan’s largest city.

At a hearing before Kenny on Wednesday, a lawyer for the city of Detroit warned against any order that boosted Trump’s “unsubstantiated conspiratorial theories” of voter fraud.
“There’s nothing to support it,” attorney David Fink argued.
“But the outcome undermines the very bedrock of our democracy, the faith of the people in the democratic process.”
As Andrew Fleischman details in a twitter thread:
A Michigan judge has denied the Trump campaign's motion to cease certification of the vote in Detroit, noting that if the election challengers had attended orientation, they would know that what they were witnessing was routine.

The food van lady was not found credible.

A claim that workers were instructed not to ask for ID was made less credible because the affiant failed to, y'know, say when or where it happened, or how many times.

As for the claim that she was told not to compare signatures, that task was completed elsewhere--which is something a competent lawyer might have felt the need to look up before alleging fraud.


It sounds like a different witness signed an affidavit saying she believed the other people's affidavits?
Typically, witnesses are not allowed to say whether they believe or don't believe other witnesses, and must have personal knowledge of what they're talking about. Baffling.
Another witness, the judge says, is simply clueless, ascribing massive ballot fraud to the use of rental vans with out-of-state plates.
A bit of lemon and salt on the wound here.

...Long story short, the judge's decision is based almost entirely on the credibility of the witnesses. And he finds that, because there are other remedies available, an injunction is unnecessary, and likely harmful to the interests of Michigan voters.
The Trump campaign has filed a similar lawsuit in federal court in Michigan seeking to halt certification of the state’s results based on allegations of fraud, largely in Wayne County.

* * *
Full opinion on website
 

marsh

On TB every waking moment

Trump Loses Pennsylvania Appeal Challenging Ballot Receipt Deadline

Fri, 11/13/2020 - 13:26

Just hours after Trump's law firm, Porter Wright Morris & Arthur LLP, withdrew from a Pennsylvania case (under pressure from The Lincoln Project's cancel culture), and a just a day after the Trump campaign won a minor victory in the multifaceted post-election litigation ongoing in Pennsylvania (that illegally cast ballots must be thrown out), the PA Superior Court has denied a Republican lawsuit challenging the state's ballot receipt deadline.



The 3rd Circuit upheld a lower court order rejecting a constitutional challenge to PA's extended, post-Election Day deadline for absentee ballots.
"...we do so with commitment to a proposition indisputable in our democratic process: that the lawfully cast vote of every citizen must count."
The 3rd Circuit agreed with the district judge that the voters who brought the case lacked standing, and also held that the district judge was right to deny last-minute injunctive relief right before the election on the grounds it would upend the status quo for voters.
IV. CONCLUSION
We do not decide today whether the Deadline Extension or the Presumption of Timeliness are proper exercises of the Commonwealth of Pennsylvania’s lawmaking authority, delegated by the U.S. Constitution, to regulate federal elections. Nor do we evaluate the policy wisdom of those two features of the Pennsylvania Supreme Court’s ruling. We hold only that when voters cast their ballots under a state’s facially lawful election rule and in accordance with instructions from the state’s election officials, private citizens lack Article III standing to enjoin the counting of those ballots on the grounds that the source of the rule was the wrong state organ or that doing so dilutes their votes or constitutes differential treatment of voters in violation of the Equal Protection Clause.
Further, and independent of our holding on standing, we hold that the District Court did not err in denying Plaintiffs’ motion for injunctive relief out of concern for the settled expectations of voters and election officials. We will affirm the District Court’s denial of Plaintiffs’ emergency motion for a TRO or preliminary injunction.
However, a separate challenge remains pending before SCOTUS, though, so the fate of those ballots remains unsettled.

Full Opinion on website
 

marsh

On TB every waking moment

Trump Campaign Drops Lawsuit Seeking Arizona Ballot Review

Fri, 11/13/2020 - 13:08

As President Trump's Press Secretary Kayleigh McEnany told reporters earlier today, the president still expects to serve a second term. However, the campaign's strategy of filing lawsuits to point out inconsistencies and highlight suspicious incidents reported by pollwatchers suffered another setback Friday when the campaign dropped its lawsuit

"Since the close of yesterday’s hearing, the tabulation of votes statewide has rendered unnecessary a judicial ruling as to the presidential electors," the Trump campaign wrote in a filing. However, the campaign still wants a ruling on requests to review two down-ballot races.

The Arizona lawsuit was initially filed Saturday. It alleged some voters had been confused on Election Day, and that some ballots in Republican-leaning parts of the state had been misreported by the counting machines.

The campaign lasered in on these so-called "overvotes" (a mislabel applied by the machine). But while some were found, the number hasn't risen to the level where it's close to the margin between the two candidates. During a 6-hour hearing yesterday, a lawyer for the Trump campaign walked back its request and said it would only file a complaint if the votes exceeded the margin of victory, since Trump can't win more than 100% of the overvotes.

Lawyers for Maricopa County and the Secretary of State said 191 ballots were flagged by the machines as 'overvotes'.



Fox News infamously enraged President Trump when it projected Arizona for Joe Biden on election night, and the president has continued to hurl bombs at Fox, even managing to undercut the company's share price. The secretary of state for Arizona on Friday affirmed that the margin remains just over 10,000 votes.
 

marsh

On TB every waking moment

Washington Examiner

The Washington Examiner




Saturday, November 14, 2020

A federal lawsuit filed by three voters in Wisconsin seeks to have hundreds of thousands of ballots thrown out in three counties, including in the state’s two largest counties, which are Democratic strongholds.

The lawsuit filed on Thursday in the U.S. District Court in Green Bay contends that the absentee voting process in Milwaukee County, Dane County (where Wisconsin’s capital of Madison is located), and Menominee County included “illegal votes” and thus must have their presidential election results invalidated. If the long-shot lawsuit succeeds, it would add the state’s 10 Electoral College votes to President Trump’s ledger.

The plaintiffs focus part of their argument on “indefinitely confined voters.”

State law allows those self-reporting as indefinitely confined to vote without a photo ID due to confinement to their residence because of age, physical illness, or disability for an indefinite period of time. This year, the number of indefinitely confined voters increased by a striking rate amid the coronavirus pandemic. Last year, some 72,000 voters said they were indefinitely confined. That number reportedly exploded to 243,000 voters this year.

In March, the Dane County clerk drew a flurry of controversy when he said that state's order met the threshold for voters to list that they were indefinitely confined, thus bypassing the requirement to provide photo ID. Milwaukee County’s clerk offered similar guidance, citing the pandemic. Republicans quickly cried foul, and the Wisconsin Supreme Court later sided with the GOP and said that the “advice was legally incorrect.”

Despite the state Supreme Court’s rebuke, a GOP official told the Washington Examiner earlier this week that voters who listed themselves as indefinitely confined and requested an absentee ballot during the primaries automatically received another absentee ballot for the November election without being asked again to provide photo ID.

The Thursday federal lawsuit contends that in addition to Dane and Milwaukee counties, Menominee also encouraged people to request absentee ballots.

Menominee is a small, majority-Native American county that is heavily Democratic and cast 1,303 ballots in favor of President-elect Joe Biden to 278 for Trump.

The lawsuit also raises issues with absentee ballot witness signatures and the addition of the ballot witness’ addresses on the ballot envelope, another point Republicans have said they are looking into. A Republican source told the Washington Examiner that observers at the polls noticed that “a lot” of the ballot envelopes had been edited by clerks.

The Wisconsin Elections Commission issued guidance that said clerks are allowed to correct addresses if they can find the right information, although given the massive increase in absentee voting, the lawsuit contends that fraud may have occurred.

“Election workers, overwhelmed by the sudden flood of mailed ballots, have less ability to carefully review them to screen out fraudulent ones, creating a substantial risk that fraudulent votes will be counted and vote-dilution disenfranchisement will occur,” the lawsuit alleges.

If the lawsuit were to be successful, it would toss out some 800,000 votes cast across the state, given that all three counties voted heavily in favor of Biden rather than Trump.

Trump’s team has indicated that it plans to file for a recount in the state, a process that, if it happens, won’t begin until late next week. Biden leads by 20,540 votes, with 49.6% of the vote, compared to 48.9% for Trump.
 

marsh

On TB every waking moment

Arizona GOP files lawsuit over standard for hand vote count

by Emily Larsen, Political Reporter |

| November 13, 2020 11:14 AM

The Arizona Republican Party filed a lawsuit on Thursday challenging the state's standard of verifying accurate vote counts through checking a small sample of ballots, arguing that the check should be conducted by precinct rather than by vote center.

Arizona law requires county election officials to conduct a hand-count of at least 2% of precincts in the county, a measure to ensure quality and accuracy in the election process. The Maricopa County Elections Department said Monday that it had conducted that hand audit with representatives from the Republican, Democratic, and Libertarian parties and found a 100% match with the machine tally.

Maricopa County, the most populous county in the state, allows flexibility for voters to cast ballots at any "voting center" rather than requiring voters to cast ballots at a specific precinct location. There were 175 vote centers and 748 precincts in the county this year. The hand audit was conducted in four of the 175 voting centers.

The Arizona Republican Party argues that the hand-count audit should consist of at least 15 of the 748 precincts instead.

"Arizona voters deserve complete assurance that the law will be followed and that only legal votes will be counted,” Arizona Republican Party Chairwoman Kelli Ward said in a statement Thursday evening.

According to Arizona Mirror reporter Jeremy Duda, the standard of using voting centers instead of precinct-based counting was changed in 2011.

Lawsuit on website
 

marsh

On TB every waking moment

NEWSNOVEMBER 14, 2020

New federal lawsuit seeks to throw out 1.2 million votes in Michigan, flipping the state for Trump
The lawsuit targets three Democratic strongholds
JEFF KOWALSKY/AFP via Getty Images

CHRIS ENLOE


Another federal lawsuit was filed in Michigan this week that seeks to toss out up to 1.2 million votes, which would flip the Great Lakes State in President Donald Trump's favor.

Media-declared president-elect Joe Biden defeated Trump in Michigan by approximately 146,000 votes.

What are the details?
The lawsuit, filed by four voters in the U.S. District Court for the Western District of Michigan, seeks to toss out ballots in three Democratic strongholds — Wayne, Ingham, and Washtenaw counties — over allegations of voter fraud, according to Michigan Live.

Those three counties are responsible for about 1.2 million votes, favoring Biden by more than 2:1. Eliminating ballots from those counties would give Trump a victory in Michigan.

Plaintiffs claim that "sufficient evidence" exists "to place in doubt the November 3 presidential-election results" in the three identified counties, citing "issues with transparency, fraudulent changing of dates, a software glitch, clerical errors, illegal votes, and many other issues and irregularities."

More from Michigan Live:
Plaintiffs also cite ongoing investigations launched by the Michigan Legislature and a variety of other claims that have been debunked. The allegations include charges of Republican ballot challengers being harassed and illegal tampering with ballots.

Plaintiffs conclude that "this evidence suffices to place in doubt the November 3 presidential election results in identified counties and/or the state as a whole." However, the group of voters also claims to have additional evidence of illegal ballots being included in unofficial results, based on "expert reports" and data analysis.
The lawsuit further says that certifying the votes would violate voters' First Amendment and Fourteenth Amendment rights by "vote-dilution disenfranchisement."

Defendants include Democratic Gov. Gretchen Whitmer, members of the Michigan State Board of Canvassers, Wayne County Board of Canvassers, Washtenaw County Board of Canvassers, and Ingham County Board of Canvassers.

Are the lawsuits working?
Lawsuits alleging unproven claims of voter fraud are losing the legal battle in court.

The most recent loss came on Friday, when Wayne County Circuit Chief Judge Timothy Kenny denied a request for an independent audit of Wayne County votes, according to the Detroit Free Press. The lawsuit had claimed local election officials managed a fraudulent election.

Also on Friday, Trump's campaign dropped a legal challenge in Arizona and shut down its voter fraud hotline. The campaign also suffered a loss in federal court when the U.S. Court of Appeals for the Third Circuit ruled against the campaign's efforts to block mail-in votes received after Election Day from being counted.
 

marsh

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Pennsylvania, Michigan, Wisconsin: Here's an Update on Team Trump's Lawsuits and Recounts
BY TYLER O'NEIL NOV 12, 2020 8:45 PM ET

2e13f007-744d-4f49-acf0-07bcc3dcf445-730x487.jpg
AP Photo/Julio Cortez

On Thursday, the campaign to reelect President Donald Trump gave reporters an update on the campaign’s lawsuits and recount requests across the country. Tim Murtaugh, the campaign’s communications director, urged patience and said the campaign has “a solid, comprehensive strategy that is tailored to the conditions on the ground in each state and according to the laws in each state.”

“Over 72 million people now have voted for President Trump, and those Americans deserve to know that this election was free, fair, safe, and secure,” Murtaugh said. He warned against the rush to “instant gratification” in reporting preliminary results that suggest Democrat Joe Biden has won the election, and said that Biden voters also deserve to have the election process scrutinized to root out fraud and abuse.

Murtaugh insisted that media outlets should not ignore “the very real evidence of irregularities” in the election process, including disturbing reports of “stacks of ballots being run through scanners multiple times” and election officials treating voters differently based on what county they live in.

Trump campaign general counsel Matt Morgan ran through the state of play in five of the key swing states.

1. Pennsylvania
Morgan began by noting the campaign’s legal victory in Pennsylvania earlier on Thursday. “The secretary of state continues to play fast and loose with statutory dates and deadlines,” he alleged.

Commonwealth Court President Judge Mary Hannah Leavitt ruled that Pennsylvania Secretary Kathy Boockvar lacked the “statutory authority” to change election law days before the election. Leavitt ordered the county boards of elections not to count any ballots that had been segregated.

Last week, Supreme Court Justice Samuel Alito ordered Pennsylvania election officials to segregate a section of the ballots that came in after 8 p.m. on Election Day.

It remains unclear exactly how many ballots would not be counted for this reason.

Leavitt’s order represented the latest in the Pennsylvania Republican Party’s litigation against Boockvar. The state’s GOP filed the initial lawsuit on July 10, 2020, and it reached the Supreme Court shortly before Election Day. A 4-4 order let the state Supreme Court decision stand, allowing officials to count mail-in ballots received up to three days after Election Day. The Trump campaign asked to join the case on November 4.

According to The Wall Street Journal, about 10,000 ballots arrived during the three days after Election Day, far below Biden’s lead of more than 45,000 votes.

Morgan also referenced a lawsuit the Trump campaign filed against Boockvar on Monday, accusing the secretary and county election officials of violating voters’ rights to equal protection by favoring some mail-in ballots over others and of violating the Constitution by usurping the state legislature’s authority on election law. The lawsuit laid out ten reasons to suspect Pennsylvania’s election results are “irredeemably compromised,” and asked the court to prevent Boockvar from prematurely certifying the results.

Hearings in this case have been scheduled for next week.

Morgan announced that the campaign had filed a motion for a preliminary injunction to allow the legal team “time to confirm our well-founded theory that Pennsylvania officials have counted thousands of invalid votes.” He also repeated the lawsuit’s claims that Boockvar and other election officials have prevented the Trump campaign’s poll watchers from observing the ballot-counting.

On the observer issue, the campaign filed a claim in the state Election Court on Election Day. While a lower court in Philadelphia rejected the campaign’s claims, the Commonwealth Court of Pennsylvania gave the campaign a win, ordering that observers must be able to view “all aspects of the canvassing process within six feet.” The Pennsylvania Supreme Court will hear the case.

Morgan noted that under Pennsylvania law, if the difference between candidates comes down to half of one percent or less, that triggers an automatic recount. While the order not to count segregated ballots may not give Trump a victory in Pennsylvania, it may trigger a recount.

Legacy media outlets called the race, and Pennsylvania’s 20 electoral, votes for Biden. Pennsylvania is critical for Trump’s efforts to flip the results.

2. Georgia
Morgan noted that Georgia’s secretary of state announced a hand recount on Wednesday, and laid out the rules for the recount today. The recount will start on Friday. The Trump counsel predicted that the recount will be finished by next Wednesday, November 18.

The Georgia Republican Party and the Trump campaign filed a lawsuit against the Chatham County Board of Elections the day after Election Day, claiming there was evidence that officials had mixed absentee ballots received after the polls closed with those already being tabulated, in violation of state law. A judge dismissed the matter two days later.

3. Wisconsin
Morgan also noted that the Trump campaign requested a recount on November 4, citing a “razor-thin race” where Biden has a 20,000-vote advantage. Recounts are set after all the county canvassing boards return their results to the state for certification on November 17 or November 18. The state must complete the recount within 13 days of the formal order and the requesting campaign usually pays for it up-front.

As former Gov. Scott Walker (R-Wisc.) noted, state recounts have often not shifted many votes. In the 2016 presidential election, Green Party candidate Jill Stein requested a Wisconsin recount, which resulted in a net gain of 131 votes for Trump.

4. Arizona
Morgan noted that the campaign had argued in the case Trump v. Hobbs on Thursday. The campaign sued Arizona Secretary of State Katie Hobbs, alleging that her office incorrectly rejected some votes cast on Election Day in Maricopa County. The campaign requested a manual inspection of the ballots and asked for a judge to block the state’s final vote certification in the meantime.


The lawsuit claims that an electronic tabulation machine alerted voters to irregularities with their ballots. While state law allows voters an opportunity to fix their ballots after the machine flags problems, some poll workers allegedly encouraged voters to override the error message. Hobbs’ spokeswoman denounced the allegations as “a repackaged ‘Sharpiegate’ lawsuit,” referring to since-dropped legal claims that voters’ use of Sharpies on ballots disqualified their ballots.

5. Michigan
Lastly, Morgan turned to Michigan.

The Trump campaign sued Secretary of State Jocelyn Benson (D-Mich.) on November 4, claiming that officials failed to give Republican poll watchers “meaningful access” to watch ballot-counting. The lawsuit asks the court to stall the counting. On November 7, a Michigan judge denied the attempt to halt the counting of absentee ballots, partly because the suit targeted the wrong defendant (Benson does not oversee absentee ballot-counting) and it came too late (counting had ceased by that time).

The Trump campaign is seeking to appeal the matter.

The Great Lakes Justice Center, a conservative legal group, filed a lawsuit on behalf of two Michigan residents on November 9, alleging that Detroit elections officials counted ineligible absentee ballots and improperly excluded observers from the ballot-counting process. The lawsuit also cites a Detroit elections employee who claims she saw city employees coaching voters to cast ballots for Biden in the weeks before the election. The lawsuit asks judges to block state officials from certifying the election results.

Chief Judge Timothy M. Kenny of the Third Judicial Circuit Court of Michigan is expected to rule this week.

On November 10, the Trump campaign filed a federal lawsuit alleging that Benson and officials in Detroit’s Wayne County had blocked Republican poll watchers from observing the counting of mail-in ballots. The lawsuit asks a judge to block state officials from finalizing the results.

It remains unclear how much these lawsuits will impact Biden’s margins in these key states, even if they succeed. Many of the claims in these lawsuits, backed up by eyewitness affidavits, are extremely troubling and deserve serious investigation. Trump supporters should not expect, however, that the resolution of these issues will put the president over the top.
 

marsh

On TB every waking moment

Attorney Lin Wood lodges lawsuit seeking to block certification of Georgia election results

"I filed a lawsuit today in federal court in Atlanta to establish that the March 6, 2020 Consent Agreement by the GA Secretary of State rendered UNLAWFUL the 11/3 GA general election," Wood tweeted on Friday.

By Alex Nitzberg
Updated: November 16, 2020 - 8:53am

Lin Wood, an attorney known for defending Richard Jewell in a case about an Atlanta bombing, lodged a lawsuit in federal court on Friday against Georgia Secretary of State Brad Raffensperger and the four other members of the state's Election Board.

The suit, signed by an attorney for Wood, alleges a conflict between Georgia law and instructions pertaining to the handling of absentee ballots. The instructions were connected to an agreement that involved the Democratic Party of Georgia and other Democratic entities.

The suit requests that the court provide relief by blocking the certification of the state's 2020 general election results. Besides seeking to prevent the certification statewide, the suit also includes some alternative suggestions for providing relief regarding the issues raised in the complaint.

"I filed a lawsuit today in federal court in Atlanta to establish that the March 6, 2020 Consent Agreement by the GA Secretary of State rendered UNLAWFUL the 11/3 GA general election," Wood tweeted on Friday. "I am right under established law."

Media outlets have projected Joe Biden to be the winner of the 2020 presidential contest but President Trump has not conceded and has made allegations of voter fraud.
I filed a lawsuit today in federal court in Atlanta to establish that the March 6, 2020 Consent Agreement by the GA Secretary of State rendered UNLAWFUL the 11/3 GA general election.I am right under established law. 2020-11-13 Complaint - L. Wood v. Raffensperger et al.pdf— Lin Wood (@LLinWood) November 13, 2020
 

marsh

On TB every waking moment

LAWSUIT: Georgia Sec of State Signed Illegal Deal With Democrats Changing How Ballots Are Processed

Georgia’s Secretary of State illegally entered into an agreement with Democrats in that state to fundamentally alter the rules before the election
Frank Salvato
by FRANK SALVATO

November 15, 2020


Lin Wood, Brad Raffensperger

As Georgia gets ready to execute one of the most critical elections in recent American history, questions about how election officials are processing at least one segment of the ballots has erupted onto the scene and a potent lawsuit has been filed.

On March 6, 2020, Georgia Secretary of State Brad Raffensperger, a Republican, took it upon himself to quietly sign off on a legal agreement with officials from the Democrat Party of Georgia, the Democrat Senatorial Campaign Committee, and the Democrat Congressional Campaign Committee, that would fundamentally alter the way absentee ballots were processed across the State of Georgia.

The attorney handling the legal representation for the Democrat organizations was none other than Marc Elias from Perkins Coie. If the name rings a bell it’s because he is Hillary Clinton’s consigliere. Elias and Perkins Coie have been handling legal wrangling for Democrat election operations across the country.
But a legal complaint in the form of a lawsuit has been filed against
Raffensperger, as well as all the members of the Georgia Secretary of State’s State Board of Elections for illegally enjoining in the agreement.

The lawsuit, filed by Attorney Lin Wood, argues that the Raffensperger and the Election Board had no legislated authority to change the manner in which absentee ballots were counted and, therefore, had no right to enter into the “agreement.”
I filed a lawsuit today in federal court in Atlanta to establish that the March 6, 2020 Consent Agreement by the GA Secretary of State rendered UNLAWFUL the 11/3 GA general election.
I am right under established law. 2020-11-13 Complaint - L. Wood v. Raffensperger et al.pdf

— Lin Wood (@LLinWood) November 13, 2020
As is the case in every state in the Union, the right to change election processes and election law lies exclusively with the state legislatures and not the Secretary of State, the State Supervisor of Elections, or the Judiciary.
 

marsh

On TB every waking moment

Sidney Powell: Impeach John Roberts if he dismisses election fraud

Trump lawyer vows on Rush Limbaugh show to 'release the Kraken'
Art Moore
By Art Moore
Published November 16, 2020 at 5:33pm

President Donald J. Trump (Official White House photo by Shealah Craighead)
Trump campaign lawyer Sidney Powell promised Monday in an interview with Rush Limbaugh's guest host Mark Steyn that compelling evidence that millions of votes were shifted in favor of Joe Biden through electronic voting machines will be revealed and end up before the Supreme Court.

"I feel very optimistic the truth will get out," she told Steyn. "Of course, everybody on the face of the earth now is trying to suppress it, including people in our own government.

"But I won't quit until it's out and (we) release the Kraken," she said, invoking a line from the mythological monster fantasy film "Clash of the Titans."

The former federal prosecutor, who resurrected Lt. Gen. Michael Flynn's case after becoming his lead attorney, said she believes the case she's now building for the Trump campaign will wind up in the Supreme Court.

Steyn asked asked Powell if the justices will be "as eager to sweep it under the rug" as have establishment media, social media and Democrats.

"I don't think so, Mark," she replied. "I think the evidence is going to be so overwhelming, and I would warn any state right now that thinks they're going to certify this election to rethink it very seriously. Because what they're certifying is their own fraud and their own complicity in fraud."

Steyn cautioned that it appears Chief Justice John Roberts has no appetite for getting involved in an election.

"If that isn't big enough for him to take the case, he should be impeached," she said.

John-Roberts-Supreme-Court-official-600.jpg

U.S. Supreme Court Chief Justice John Roberts (official photo)

In an interview Sunday with Maria Bartiromo on Fox News' "Sunday Morning Futures," Powell said Trump "won by not just hundreds of thousands of votes, but by millions of votes that were shifted by this software that was designed expressly for that purpose."

"We have sworn witness testimony of why the software was designed. It was designed to rig elections," Powell said of the Smartmatic software in Dominion Voting Machines.

In another interview Sunday, with Eric Bolling for his "America This Week" program, Powell said the Trump team is facing "an election that was absolutely rigged."

"It's going to blow the mind of everyone in this country when we get it all together and can explain it with the affidavits and the experts that have come forward," she said.

'Donald Trump won overwhelmingly'
In her interview Monday with Steyn, Powell said the equipment by the Canada-based company Dominion Voting Systems used in 30 states was "specifically created and designed by Venezuelan money interests to rig elections for Hugo Chavez and then for Maduro."

"It has been exported internationally, I understand, to rig an election in Argentina, and it has has been used to rig this election, to make it appear the votes were for Mr. Biden, when Donald Trump won overwhelmingly," said Powell.
"These machines are so hackable a 15-year-old could do it," she said.

She said she's "in the process of collecting evidence through a fire hose -- to the point it feels like a tsunami now -- of honest patriotic people, American citizens, who are coming forward to tell us exactly what was going on."

Powell said she got word Monday that 100 Dominion employees have removed their affiliation with the company from their LinkedIn accounts and that Dominion "is scrubbing names of people like crazy."

'I am livid'
Powell said some of her "math experts" have identified "the algorithm that was being run to change votes."

Dominion's own manual "says it can do that," she said.

The system was programmed, Powell said, "to run 67% for Biden," and votes were injected multiple times at that ratio, by the hundreds of thousands.

She said it happened 20 minutes apart at least twice in both Michigan and Wisconsin.

"The level and width of the corruption is what the American people have felt for a long time, but we're just now getting people to come forward because it's so bad and they've realized that I'm here and I will fight for it until we get it out there," she said.

She emphasized that she's talking about voting machines and not optical scanners that simply count the votes.

"I am livid about all of it. I'm livid about the level of corruption," she said. "I am livid that the FBI and the CIA haven't done anything about the complaints that they've received, which just makes me want to know even more: Who's been paid what and who is responsible for all of this, and who's paid whom to buy their elections."

Powell said that she may file class action suits against states.

"The legislatures in the states need to take control right now and reject the certifications, especially the swing states that were so heavily influenced by these hundreds of thousands of vote changes," she said.

'That is a very, very big claim'
Bolling, in his "America This Week" interview Sunday, posed to Powell the question many are asking: Is there proof?

"Yes," Powell replied.

She said the Justice Department, the FBI and the intelligence communities have known about the Dominion vulnerabilities.

"So, why nothing has been done about it yet is beyond my comprehension," she said. "But I'm fixing to go public, because I'm not going to stand by and watch the American public be defrauded of their chosen leader in a free country -- a country that's supposed to be free, not run by Venezuela or China."

Bolling asked Powell to clarify whether it's a software "glitch" or "something more nefarious."

"It's a feature of the system. It was designed with a back door so that people could watch in real time and calculate with an algorithm how many votes they need to change to make the result they wanted to create," she said.

"How did you find out about this?" Bolling asked.

"People have come to me with information," Powell replied.

"I think when people realize there is somebody they can trust who will actually do something about it, they speak up. We have a lot of patriots in this country. They are absolutely fed up to the gills with corruption at every level of governement. They have no trust in our public institutions now, and we will not let this election be stolen or any cheating to survive."

Bolling asked Powell to make it clear that she is saying "there is an actual way to change the vote tallies within the system."

"That's exactly right," Powell said.

"That is a very, very big claim there," Bolling said. "I mean that would be voter fraud defined, right there. What is the next step?"

"It's massive criminal voter fraud, writ large, across at least 29 states where it was happening," Powell said.

"Anytime a voting machine was connected to the internet, and we have evidence that many were -- it was obviously happening," she said.

See the interview with Bolling:

View: https://youtu.be/iNX1GpM8izs
5:03 min
 

marsh

On TB every waking moment

As Clock Ticks On Election Certifications, Here's Where Trump Legal Challenges Stand

Wed, 11/18/2020 - 20:15
As Joe Biden continues to claiming victory (something he said he wouldn't do until the election was independently certified), various legal challenges brought by President Trump, the GOP, and allegedly disenfranchised voters are working their way through the courts.


And unless the courts intervene - up to and including the US Supreme Court - the clock is running out on Trump's ability to claim victory in light of alleged fraud, as several states move to certify their results.

While Georgia is set to certify its election results on Friday, Nevada, Michigan and Pennsylvania are expected to follow next week. Arizona, meanwhile, has until Nov. 30, and Wisconsin until Dec. 1, according to Bloomberg.
States make their election results official through a certification after what’s known as a canvass to account for every ballot cast and to confirm that every valid vote was counted, according to the U.S. Election Assistance Commission. Procedures and deadlines for certifying votes vary by state.
Certified totals can change if a state allows recounts after certification, which Georgia, Michigan and Nevada do, or if there is a challenge to the election. But certification amounts to a declaration of a winner, and the winning candidate will assume office unless a court intervenes, said Michael Morley, an assistant law professor at Florida State University who’s worked on election emergencies and post-election litigation. -Bloomberg
"This is going to be a series of dominoes that fall sort of ineluctably toward the conclusion that we already know is true, which is that Biden is the winner of these states and is the president-elect," said NYU law professor, Richard Pildes, adding: "This will be the formal legal step that cements that."

As JPMorgan's Michael Cembalest notes, however, the US Supreme Court could hear appeals on state challenges, "such as late-arriving absentee ballots in PA (too few to change the outcome); complaints on transparency of vote counting (judicial relief could entail recounting certain counties); illegal acceptance of certain votes (votes in question too small to change the results); and complaints that the voting process suffered from pervasive irregularity and fraud (most of these claims have been rejected by lower courts over the last 2 weeks)."

Cembalest concludes that "a LOT of very unorthodox things have to happen for Trump to be re-elected," adding that "Based on the uncertified vote results, Trump would have to reverse or impede results in three states to prevent Biden from reaching 270 electoral votes."

That said, he's not ruling anything out.

Here's where things stand
with state challenges:

In Pennsylvania, the Trump campaign continues to seek to block the certification of the results in the state over alleged unfair voting practices in which Democratic-leaning areas were given greater opportunities to correct mistakes on their ballots. A federal suit seeks to challenge over 680,000 mail-in ballots which were counted without proper oversight from GOP poll watchers - who say they weren't allowed within 20 feet of election counters.

Trump's campaign has also accused election officials of violating a judge's order to allow meaningful access to watchers - at minimum six feet - as long as they adhered to measures implemented to reduce the spread of covid-19.

Another challenge seeks to disqualify ballots received after election day - which would affect an estimated 10,000 votes, or not enough to overcome Biden's more than 70,000 vote lead over President Trump.

In Michigan, where Biden is ahead by approximately 150,000 votes, the Trump campaign is seeking to block certification of results in Wayne County - where the Board of Canvassers just overcame a major controversy in which two Republican members of the four-person body refused to certify the results of the election, only to reverse course three hours later and bend the knee.
State elections officials will meet on November 23 to confirm the final election results.

Nevada - also projected to go to Biden by a margin of more than 30,000 votes - has been served with a lawsuit as well, asking that Trump be named the winner or that the results be void with no winner declared and certified. Trump's team claims that "fraud and abuse renders the purported results of the Nevada election illegitimate," and alleges that 15,000 people living out of state illegally voted.

In Georgia
, a lawsuit was filed in Chatham County alleging ballot processing issues, while GOP party Chairman David Shafer tweeted that observers saw a woman "mix over 50 ballots into the stack of uncounted absentee ballots." The lawsuit was dismissed on November 5.

And in Arizona, the Trump campaign filed a lawsuit on November 7 claiming that legal votes were rejected based on poll watcher affidavits claiming that they had issues with voting machines.
(h/t BBC.com)
 

marsh

On TB every waking moment

Pennsylvania Supreme Court Agrees To Hear Trump Claims Over Invalid Ballots

Wed, 11/18/2020 - 14:43
The Pennsylvania Supreme Court has agreed to hear claims by President Trump's campaign challenging approximately 8,000 mail-in ballots, which the campaign insists should be disqualified because they were improperly filled out.


According to the claim, the ballots in question bear voter signatures, yet do not contain hand-written names, addresses or dates on the outside of their return envelopes.

The move comes after a lower court in Philadelphia denied the campaign's request on Friday, finding that voters' names and addresses were already pre-printed on the envelopes, while state election law left the definition of 'filling out' a ballot ambiguous, according to Bloomberg.

On Wednesday, the highest court in the state agreed to exercise emergency jurisdiction to rule on whether those ballots should be disqualified - and will not consider any allegations of fraud and irregularity.

Of note, there are two Republicans and five Democrats on the PA Supreme Court.

As Bloomberg notes, however, the Trump campaign has not had a lot of luck with the Pennsylvania Supreme Court, which ruled before a bid by the campaign to disqualify mail-in ballots which were postmarked before Election Day but received up to three days after. Meanwhile, the court also ruled on Tuesday that Republican poll watchers weren't entitled to stand a specific distance while monitoring ballot-counts for potential fraud.
 

Countrymouse

Country exile in the city

Pennsylvania Supreme Court Agrees To Hear Trump Claims Over Invalid Ballots

Wed, 11/18/2020 - 14:43
The Pennsylvania Supreme Court has agreed to hear claims by President Trump's campaign challenging approximately 8,000 mail-in ballots, which the campaign insists should be disqualified because they were improperly filled out.


According to the claim, the ballots in question bear voter signatures, yet do not contain hand-written names, addresses or dates on the outside of their return envelopes.

The move comes after a lower court in Philadelphia denied the campaign's request on Friday, finding that voters' names and addresses were already pre-printed on the envelopes, while state election law left the definition of 'filling out' a ballot ambiguous, according to Bloomberg.

On Wednesday, the highest court in the state agreed to exercise emergency jurisdiction to rule on whether those ballots should be disqualified - and will not consider any allegations of fraud and irregularity.

Of note, there are two Republicans and five Democrats on the PA Supreme Court.

As Bloomberg notes, however, the Trump campaign has not had a lot of luck with the Pennsylvania Supreme Court, which ruled before a bid by the campaign to disqualify mail-in ballots which were postmarked before Election Day but received up to three days after. Meanwhile, the court also ruled on Tuesday that Republican poll watchers weren't entitled to stand a specific distance while monitoring ballot-counts for potential fraud.


PRAYING!!!!
 

marsh

On TB every waking moment

PRESS RELEASE – Election Fraud Emergency Appeal Filed in the Michigan Supreme Court
DOWNLOAD PRESS RELEASE

Press Release:
Lansing, Michigan
– Great Lakes Justice Center (GLJC) today filed an emergency appeal of the Court of Appeals order denying GLJC’s appeal requesting a results audit of the election and for an injunction stopping the certification of the election results. The complaint alleges significant fraud in the election vote-counting procedures. Former Secretary of State Ruth Johnson signed an affidavit stating she reviewed the complaint and affidavits and supported the granting of an injunction and having an audit. The suit states Wayne County election officials allowed illegal, unlawful, and fraudulent processing of votes cast in last Tuesday’s election. Numerous witnesses have filed sworn affidavits under oath attesting to the fraudulent activities they observed directly. These acts disenfranchised lawful voters and potentially changed the outcome of the election. A copy of the appeal, the complaint, and all affidavits can be found at Costantino v. Detroit - Great Lakes Justice Center.

Examples of the numerous legal and factual errors in the trial court decision include:
  • Judge Kenny declined to enforce the clear language of the Michigan Constitution permitting voters to request an audit to review the “accuracy and integrity” of the election.
  • Judge Kenny places great emphasis on the fact that Plaintiffs and their witnesses failed to attend a walk-through meeting for poll challengers held prior to the election. However, neither the Plaintiffs nor their witnesses were informed of this meeting. It is impossible to attend a meeting that a person is not made aware of and has no knowledge that it is being held. Yet, the trial court holds their non-attendance against them in his decision.
  • Judge Kenny places great emphasis on the fact that a large computer monitor was available for poll challengers to review the names of voters as votes were tabulated. The court fails to note that these monitors are meaningless if the poll challengers are denied the right to see the actual ballots being counted so they can compare the names on the actual ballots with the names appearing on the monitor. The trial court ignored this clear violation.
  • Judge Kenny emphasizes that no official challenges were filed, but once again he leaves out important facts. Plaintiffs attached numerous affidavits testifying to the fact that challenges were simply denied on site, were not accepted by Defendants, and many of the poll challengers were denied re-entry and/or access to the counting room in order to make a challenge. Defendants literally locked them out of the room.
David A. Kallman, Senior Counsel with the GLJC, stated, “Voters are entitled to the enforcement of their constitutional rights, to know that their elections are conducted in a fair and legal manner, and to ensure every legal vote is properly counted. We ask the Supreme Court to enjoin the certification of this fraudulent election and order a results-oriented audit of the vote in Wayne County.”

The Great Lakes Justice Center is a non-profit corporation dealing with Constitutional liberties and other civil rights issues. The attorneys at the center have spent countless hours to protect its client’s constitutional freedoms and are grateful to minister to such important causes.
 

marsh

On TB every waking moment

Nevada GOP announces another legal challenge to state election results

Adam Laxalt, former attorney general of Nevada, announces a new elections lawsuit against Clark ...


Adam Laxalt, former attorney general of Nevada, announces a new elections lawsuit against Clark County at the Nevada Republican Party office on Tuesday, Nov. 17, 2020, in Las Vegas. (Ellen Schmidt/Las Vegas Review-Journal) @ellenschmidttt
Supporters of Donald Trump attend a Nevada GOP press conference announcing a new elections laws ...

County rejects allegations

A Clark County spokesman dismissed the claims made by Republicans, noting that they made similar allegations in previous lawsuits that have been thrown out or dropped.

“They are repeating allegations the courts have already rejected, misstating and misrepresenting evidence provided in those proceedings, and parroting erroneous allegations made by partisans without first-hand knowledge of the facts,” the county said in a statement. “For example, they mentioned observation of the process, and the use of a machine to assist with signature verification, which they continue to inaccurately explain. On both of these issues, state and federal courts have already rejected their allegations.”

But attorneys and officials for the Trump campaign on Tuesday said they have evidence that more than 15,000 votes were cast in Nevada by people who also voted in another state, 1,000 from people who don’t meet Nevada’s residency requirements and 500 from people who were dead.

During a news conference in Las Vegas, Trump campaign attorney Jesse Binnall opened his comments by declaring Trump the victor in Nevada. Binnall was joined by former Nevada Attorney General Adam Laxalt and American Conservative Union Chair Matt Schlapp, who have hosted a series of news conferences to outline the Republicans’ fraud claims.

Asked by the Review-Journal if the campaign intends to present the names, addresses and other specific information of the roughly 35,000 “improper” votes needed to overturn Biden’s margin, Binnall said he would provide “evidence of various forms” of irregularities and fraud that would be “enough to span the gulf.”

The complaint does not include detailed evidence to support those claims, saying repeatedly that “the evidence will show” in court that some “40,000 or more” votes were cast fraudulently. The campaign has also declined to name its “whistleblower” witnesses of alleged fraud in Clark County or provide the full names of voters it claims voted improperly.

Gabrielle d’Ayr, former chair of the Clark County Democratic Party and one of two statewide presidential electors selected by Democrats during convention elections earlier this year, is among the named defendants in the lawsuit. Reached Tuesday by phone, she was not aware of the lawsuit.

“I’m a homeless veteran, and the Trump campaign is suing me for doing my civic duty,” said d’Ayr, who added that she lost her job when the U.S. Census ended and she is currently living with a friend.

“My vote belongs to the people of Nevada, and I made a pledge to the people of Nevada,” she said. “Barbara Cegavske and Joe Gloria are people of great integrity, and if those results have been certified, then the will of the people has been made clear and I will cast my vote for Joe Biden.”

Cegavske is Nevada’s secretary of state while Gloria is Clark County registrar of voters.

Other lawsuits

On Monday, the Angle-backed Election Integrity Project of Nevada filed a motion asking a judge to block the state from certifying the election results and to force the state to hold new elections for every race.

The group’s lawsuit repeats similar claims about legislation passed during a special session this summer that allowed for mail-in voting amid the COVID-19 pandemic, with the group calling the law unconstitutional. Judges so far have rejected claims that the law, commonly referred to as Assembly Bill 4, violates the state constitution.

Two nearly identical lawsuits were also filed Monday by Republican Congressional candidate Jim Marchant and State Senate candidate April Becker, both of whom are represented by attorney Craig Mueller. The lawsuits claim that the use of an Agilis signature verification machine violated the state law, an argument that Republicans have tried and failed to make in other recent lawsuits.

The lawsuits also pointed to the Clark County Commission District C race where Democratic former Secretary of State Ross Miller defeated Republican Las Vegas City Councilman Stavros Anthony by just 10 votes. The county commission is considering a revote in that race because the razor-thin margin was smaller than the number of discrepancies identified by the county election department.

The lawsuits are asking judges to force the county commission to order a new election for all races in Clark County, or alternatively to order special elections specifically in the races that Marchant and Becker lost.

Marchant lost to incumbent Democratic Congressman Steven Horsford by more than 16,000 votes, or a margin of nearly five percentage points, in the race for Congressional District 4. Becker lost the race for state Senate District 6 to Senate Majority Leader Nicole Cannizzaro by 631 votes, a margin of about 1 percentage point.

The 4th Congressional District contains Clark County Commission District C within its boundaries, and Senate District 6 similarly sits within the county commission district’s boundaries.

Gloria said Monday that his office identified 139 unexplainable discrepancies in the county commission race, things that he described as early voting and Election Day check-in errors and issues relating to tracking the process of mail-in ballots. Gloria said that because the discrepancy was larger than the margin of victory in that specific race, it calls into question the integrity of that race’s outcome.

But Gloria noted that the county commission race was the only one at issue.

“That’s the only race in the entire election where we have any concern related to the outcome, and it’s because of the close margin,” Gloria told commissioners.

It’s not uncommon for election officials to report discrepancies, but the numbers are usually relatively small compared to the number of votes cast. Of nearly 975,000 votes cast for all races in Clark County, there were 936 issues identified, according to Gloria, not enough to doubt the results of other contests. Clark County commissioners voted to certify all the results except for Commission District C.

Mueller, the attorney for Marchant and Becker, criticized the county’s election process during the same meeting.

“There were so many fundamental flaws here with this election that nobody could reasonably believe that these outcomes … reflect the will of the people,” Mueller said.

Nevada State Democratic Party Chair William McCurdy II condemned the recent legal challenges in a statement Tuesday afternoon.

“Attempts to challenge (Clark County) results based on voter fraud lack standing and should be regarded as attempts to discredit the electoral process,” McCurdy said. “As our Secretary of State and Attorney General have stated many times, there have been no instances of widespread voter fraud in this election.”

Republicans have filed several lawsuits challenging Clark County’s use of the Agilis signature verification machine in recent weeks claiming it violates the state’s law about how signatures must be reviewed.

Trump’s re-election campaign and the state Republican Party lost a challenge filed in Carson City district court challenging the use of the machine.

Carson City Judge James Wilson said in his decision that Republicans’ attorneys “failed to show any error or flaw in the Agilis results or any other reason for such a mandate.”

In an order denying an injunction in an appeal to the state Supreme Court in that case, the justices noted that there was nothing presented that showed that the use of the Agilis machine was illegal under state law.

And in a federal lawsuit that made similar claims, U.S. District Judge Andrew Gordon said that the procedures used by Clark were appropriate and there was “little to no evidence” that the signature checking machine was “not doing what it’s supposed to do.”
 

marsh

On TB every waking moment

Two tiered system? Many Pa. counties didn't allow voters to cure rejected mail-in ballots

A Just the News survey of county election clerks found many didn't implement secretary of state's guidance to cure ballots, opening potential door to legal challenges.

By Nicholas Ballasy and Brianna Kraemer
  • Updated: November 19, 2020 - 12:05pm

The boards of elections in at least 15 Pennsylvania counties did not implement last-minute state instructions on "curing" faulty ballots on Election Day, while at least 14 counties followed the secretary of state's advice, according to a Just the News survey that exposes a two-tiered vote counting system that could face legal challenge.

In guidance sent to her state's 67 counties dated Oct. 21, Pennsylvania Secretary of State Kathy Boockvar advised that a voter whose mail-in ballot was rejected would be eligible to vote in person with a provisional ballot on Election Day as a way to "cure" their ballot.

Pennsylvania Republican Rep. Mike Kelly, state House of Representatives candidate Joseph Hamm and four other plaintiffs sued Boockvar over her guidance. The suit argues that individuals who submitted rejected mail-in ballots shouldn't have been given provisional ballots on Nov. 3.
Jonathan Marks, deputy secretary of state for elections and commissions, advised county election officials on Nov. 2 to inform "party and candidate representatives" about the identification of the voters whose ballots had been rejected as a way "to facilitate communication with these voters."

A spokesperson for the Pennsylvania Department of State told Just the News that every county in the state received the Oct. 21 guidance. An elections official, who declined to be identified, told Just the News that there is a private group chat that includes all the directors of the boards of elections in the state, and the last-minute guidance was shared inside that group.

Just the News has reached out to the boards of elections in all 67 counties. The counties that implemented the guidance include Bedford, Bucks, Cambria, Carbon, Greene, Huntingdon, Jefferson, Montgomery, Northumberland, Philadelphia, Pike, Potter, Tioga and Venango.

The counties that decided not to follow the last-minute guidance include Lackawanna, Berks, Blair, Bradford, Armstrong, Clinton, Dauphin, Lancaster, Lawrence, Lehigh, Lycoming, Mercer, Mifflin, Perry and Wyoming.

County election officials in Adams, Chester and Columbia told Just the News that the rejected mail-in and absentee ballots were set aside and declined to comment further due to ongoing litigation.

The boards of elections in the remaining 35 counties did not respond to Just the News' multiple attempts to ask if they followed the guidance.

After Election Day, Pennsylvania Senate Majority Leader Jake Corman and Senate President Pro Tempore Joe Scarnati called for Boockvar to resign over her handling of the rejected mail-in ballots, arguing that Boockvar "fundamentally altered" the way the state runs its elections.

"The Department changed the rules again on November 2 when they provided last-second guidance directing counties to provide information to help voters whose mail-in or absentee ballots were incorrectly completed so those voters could vote on a provisional ballot," Corman and Scarnati wrote in a joint statement.

"The late release of this 'guidance' resulted in inconsistent application across the counties — some of whom contacted voters as directed and some who did not," the state senators added. "There is no basis for this guidance in current law. The Secretary created this new process out of thin air."

Corman said during a recent press briefing that his office did not yet have the total number of counties who allowed voters with rejected mail-in or absentee ballots to cure their ballots on Election Day with a provisional ballot.

Boockvar was asked the day after the election about Lancaster County's decision not to follow the guidance on curing rejected mail-ballots.

"It is absolutely feasible and not even challenging," she said.
 

marsh

On TB every waking moment

GOP lawmakers call for congressional hearings on integrity of 2020 election

"We urge you to immediately convene hearings to examine the integrity of the 2020 election amid troubling reports of irregularities and improprieties," Reps. Jim Jordan and James Comer wrote in letter.
Image
Stickers in North Carolina in March 2020

Stickers in North Carolina in March 2020
(LOGAN CYRUS/AFP via Getty Images)
By Alex Nitzberg
Updated: November 18, 2020 - 11:23pm

Republican congressmen Jim Jordan of Ohio and James Comer of Kentucky are calling on New York Democratic Reps. Jerrold Nadler and Carolyn Maloney to hold hearings to look into the integrity of the recent election.

"We urge you to immediately convene hearings to examine the integrity of the 2020 election amid troubling reports of irregularities and improprieties," the Republican legislators wrote in their letter.

"Given your role as leaders of a political party that spent four years baselessly calling into question the legitimacy of the 2016 election with debunked allegations of Russian collusion, you owe it to all Americans to fully examine allegations of actual election errors and misconduct," they said.

Nadler serves as the chair of the House Judiciary Committee, while Jordan is the ranking member. Maloney serves as the chair of the House Committee on Oversight and Reform, while Comer is the ranking member of that committee.
 

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On TB every waking moment

Phone survey in Pa. raises new suspicions about estimated 89,000-99,000 requested GOP ballots

"This data, which is provided by an expert witness, who would be qualified in almost any court in the country, adds to the conclusions that some level of voter fraud took place in this year's election," Federal Elections Commission Chair Trey Trainor told Just the News.

By Daniel Payne and John Solomo
Updated: November 19, 2020 - 9:52pm

New questions surround an estimated 89,000-99,000 requested GOP ballots in Pennsylvania, where Joe Biden leads President Trump by about 82,000 votes, according to a mathematics professor who analyzed data collected by a phone survey conducted for Just the News.

According to Pennsylvania state data for early and absentee ballot requests, there are roughly 165,000 ballots requested in the names of registered GOP voters that had not been counted as of Nov. 16. Extrapolating from data culled from interviews with a sample of these voters, "I estimate that the number of ballots that were either requested by someone other than the registered Republican or requested and returned but not counted range from 89,397 to 98,801," Williams College Professor of Mathematics Steven Miller said in a sworn statement provided to Just the News.

Miller analyzed data from 2,684 respondents to a phone survey conducted by the Voter Integrity Project.

Federal Election Commission Chair Trey Trainor sees in the new findings fresh evidence of potential voter fraud in the 2020 presidential election. "This data, which is provided by an expert witness, who would be qualified in almost any court in the country, adds to the conclusions that some level of voter fraud took place in this year's election," Trainor told Just the News.

"Therefore, the rush to certify results that are this suspicious from places with known election violations would nullify millions of votes that were legally cast by individual voters."

The Pennsylvania Department of State's office did not immediately respond to a request for comment on Thursday evening.

In addition to his two base estimates, Miller also offered two estimates with broader ranges and higher confidence intervals. "Almost surely, the number of ballots requested by someone other than the registered Republican is between 37,001 and 58,914," Miller writes. "Almost surely the number of ballots requested by registered Republicans and returned but not counted is in the range from 38,910 to 56,483."

Matt Braynard, the director of the Voter Integrity Project, which conducted the survey, said Miller's conclusions are "indicative of a kind of problem that we're seeing not just in Pennsylvania but in many of the other states that are determining the outcome of this election."

"We're sharing our data for the other states so that Professor Miller can conduct a similar analysis on them," he told Just the News on Thursday. "I look forward to seeing the results."

Miller's analysis comes after numerous Pennsylvania voters have described what appear to be widespread irregularities in the voting process there.

Voters in that state described to Just the News receiving absentee ballots in spite of having not requested them; when they showed up at their polling place, they were required to vote with provisional ballots.

In some cases, mail-in ballots that went unmailed were still listed as "pending" on the state's ballot tracking website as of this week.

A record number of Americans voted by mail in the 2020 election, driven by concerns that crowded polling places could become superspreader events for COVID-19.

Major get-out-the-vote campaigns sought to familiarize voters with the mail-in process for both the primary and general elections, though numerous issues have were reported over the course of the year, including multiple absentee ballots mailed to individual voters, ballots being mailed to dead voters, and votes appearing to go uncounted well after Election Day.

Video on site 1:02 min
 

marsh

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Georgia audit affirms that Joe Biden won the state's presidential contest

President Trump could request a recount.
Image

Stickers in California in 2009

Stickers in California in 2009
(David McNew/Getty Images)
By Alex Nitzberg
  • Updated: November 19, 2020 - 8:41pm
A hand tally of ballots in Georgia found that Joe Biden defeated President Trump in the Peach state, the same outcome previously found by the machine count. The Associated Press has called the presidential race in Georgia for Biden.

Georgia law mandated a Risk Limiting Audit of a statewide contest after the November elections, according to a press release, and Georgia Secretary of State Brad Raffensperger chose the presidential contest.

Since the margin remains less than 0.5% President Trump can ask for a recount following certification of the results. That would entail rescanning all paper ballots.

"The differential of the audit results from the original machine counted results is well within the expected margin of human error that occurs when hand-counting ballots," the press release noted. "A 2012 study by Rice University and Clemson University found that 'hand counting of votes in postelection audit or recount procedures can result in error rates of up to 2 percent.' In Georgia’s recount, the highest error rate in any county recount was .73%. Most counties found no change in their finally tally. The majority of the remaining counties had changes of fewer than ten ballots," the release reported.
 

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More on Pennsylvania – Another Statistical Analysis Shows Roughly 300,000 Biden Votes Are Questionable
By Joe Hoft
Published November 19, 2020 at 7:00pm

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Last week we produced an article which provided evidence that the election results in Pennsylvania included results which were almost impossible. Today we received another report covering the Pennsylvania election results which supports our initial reporting and provides more information.

We reported last week that there were anomalies in Pennsylvania’s data after the 2020 election. President Trump won in a landslide on Election day with roughly two votes to every one Biden vote. The President won some counties by 80% of the vote. These results are reasonable to anyone who drove through Pennsylvania in the weeks and days before the election. Wherever you went, Trump signage was everywhere.

Then with roughly 75% of the vote counted the state began counting mail-in ballots. In this process there President received a consistent variance of his election day landslide across almost all counties. By the time they were done, Biden had somehow gained such a high portion of the mail-in ballots that he then lead the race. The pattern we identified in how he got there was almost impossible.

We now have come across another statistical survey of the results in Pennsylvania. We cannot provided the full content of this study at this time but we can share a summary of the results which complimented our article from last week posted above.

Several nationally recognized statistics experts were asked to examine the 2020 Pennsylvania voting records, and to identify anything they deemed to be statistically significant anomalies. These experts were asked to work independently and then their efforts were compiled.

Their one — and only — objective was to try to assure that every legal Pennsylvania vote is counted, and only legal Pennsylvania votes are counted. The primary takeaway from their work is that ALL of these experts came to the same conclusions on the following five areas:

1) There are some major statistical aberrations in the PA voting records, that are extremely unlikely to occur in a normal (i.e. un-manipulated) setting.

2) The anomalies almost exclusively happened with the Biden votes. Time and again, using a variety of techniques, the Trump votes looked statistically normal.

3) Eleven (out of 67) Pennsylvania counties stood out from all the rest. These counties showed distinctive signs of voting abnormalities — again, all for Biden.

4) The total number of suspicious votes in these counties is 300,000± — which greatly exceeds the reported margin of Biden votes over Trump. (We don’t know how many of these are artificial Biden votes, or votes switched from Trump to Biden.)

5) These statistical analyses do not prove fraud, but rather provide scientific evidence that the reported results are highly unlikely to be an accurate reflection of how Pennsylvania Citizens voted.

There’s much more to this analysis. Overall it supports our prior reporting and indicates what we believe, that the results of the 2020 Presidential vote in Pennsylvania have too many questions to be considered valid.
 

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JUST IN: Pennsylvania Court Invalidates 2,349 Absentee Ballots in Allegheny County Where the Voter Did Not Date Their Declaration

By Cristina Laila
Published November 19, 2020 at 6:44pm

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A Pennsylvania court on Thursday invalidated 2,349 absentee ballots in Allegheny County where the voter didn’t date their declaration.

Commonwealth Court Judge P. Kevin Brobson on Thursday reversed a lower court judge and directed the “Elections Board to exclude the challenged 2,349 ballots from the certified returns of election for the County of Allegheny….”

“…[There] is an obvious and salutary purpose behind the requirement that a voter date the declaration. The date provides a measure of security, establishing the date on which the elector actually executed the ballot in full, ensuring their desire to cast it in lieu of appearing in person at a polling place. The presence of the date also establishes a point in time against which to measure the elector’s eligibility to cast the ballot, as reflected in the body of the declaration itself,” the judge wrote.

Judge Brobson said the votes in question will not be counted “because the votes are invalid as a matter of law.”

The judge said the terms are set by the General Assembly and warned that the real danger to our democracy is leaving it to each county board of election to decide what laws must be followed and what laws are optional.

“Such a patchwork system does not guarantee voters an “equal” election, particularly where the election involves inter-county and statewide offices. We do not enfranchise voters by absolving then of their responsibility to execute their ballots in accordance with law.”
Just in: A GOP win in Pennsylvania — Commonwealth Court judge ruled that 2,349 absentee ballots in Allegheny County where the voter didn’t date their declaration are invalid, reversing a lower court judge https://t.co/PwJddq2Hw5 pic.twitter.com/0AR0DCflku
— Zoe Tillman (@ZoeTillman) November 19, 2020
 

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SECOND #DetroitLeaks Video Released — Court Case That Gave Ballot Observers Close Proximity to Election Workers WAS HIDDEN FROM GOP OBSERVERS! (VIDEO)

By Jim Hoft
Published November 19, 2020 at 6:05pm
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Michigan’s radical Democrat AG Dana Nessel sent a ‘cease and desist’ letter to Big League Politics demanding they remove all stories, audio, and video related to #DetroitLeaks, an undercover expose that revealed that Detroit poll workers were being trained in how to get away with voter fraud by ejecting GOP Poll Challengers and trained in how to destroy ballots.

In the audio recordings, the election trainer can be heard telling the workers she’s training, “Challengers and poll watchers—they have to wear a mask, and they have to stay 6-feet!” The election trainer explained how the 6-feet rule would keep poll challengers from being able to view what they’re doing, “That’s important because they can come behind your table, but if you don’t have 6-feet, they can’t come back there!” A trainee can be heard attempting to clarify what the trainer was saying, ” So the 6 feet back, unless they have really good vision, they can’t actually see?” Incredibly, the Wayne County elections trainer answers, “Exactly! Unless they got really good vision or they brought their binoculars!” she mocked. The election trainer told the workers to call 9-11 if the poll challengers “make a scene.”

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Shane Trejo, who refuses to be silenced by AG Dana Nessel, shared a second #DetroitLeaks video exclusively with The Gateway Pundit.

#DetroitLeaks Part 2 reveals an Oct. 28 settlement of a lawsuit filed by Republican House candidate Steve Carra, of Three Rivers against Secretary of State Jocelyn Benson and Director of the Michigan Bureau of Elections Jonathan Brater that gave poll challengers the right to stand closer than 6 feet when necessary to observe the ballots, the poll book or to make a challenge.


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GOP Election observer blocked from TCF Center in Detroit.

The suit was settled in the Michigan Court of Claims, with Judge Cynthia Stephens presiding over the case. Judge Stephens asked the new directive be shared with poll workers by election day.

“To the extent that it is necessary to stand in closer proximity to election workers to have a challenge heard, to observe the poll book or perform any other legal duty, challengers and poll watchers are permitted to do so, provided close personal interaction is as brief as possible.” Attorney Matt Gronda
According to MLive– The settlement overrules the original directive from Secretary of State Jocelyn Benson that said election workers can strictly enforce social distancing between challengers and poll workers.
The new guidance allows close contact in necessary situations, Carra’s attorney Matt Gronda said in the Oct. 28 hearing.
Despite the lawsuit giving poll challengers the ability to stand closer than 6 feet when necessary, one of the most common complaints by GOP poll challengers who filed affidavits about the voter irregularities they witnessed at the TCF Center in Detroit is that they were not allowed to stand to close enough to view absentee ballots, envelopes, or poll books.

Shane Trejo told The Gateway Pundit, “#DetroitLeaks Part 2 shows how Democrats obscured their protocol to deliberately disenfranchise poll challengers on election day.”

“This is the video that Gretchen Whitmer, Dana Nessel, and Jocelyn Benson don’t want you to see.”- Shane Trejo.

Trejo’s video should help future lawsuits from GOP poll challengers whose legal right to view absentee ballots and poll books by Wayne County election workers and roaming agitators was clearly violated.

“I am seeing a terror campaign to silence whistleblowers who saw voter fraud. Thousands of whistleblowers who saw the steal must not end up like Snowden and Assange. It’s so important to fight back against unconstitutional overreach,” Trejo told The Gateway Pundit.

Here’s the video. (Video on site 13:50 min)
 
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