Anonymous ID: fba188 Nov. 30, 2020, 4:33 p.m. No.11847825   🗄️.is đź”—kun   >>7903 >>8134 >>8325 >>8389

Federal judge reapproves emergency order blocking Georgia from wiping state voting machines

 

A federal judge issued a temporary restraining order late Sunday night barring Georgia election officials from resetting or otherwise altering Dominion Voting Systems machines used during the November presidential election.

 

The order was issued as a part of attorney Sidney Powell's ongoing election lawsuit in Georgia and was the third emergency order issued Sunday night to ensure "voting machines be seized and impounded immediately for forensic audit by plaintiffs' experts," according to Powell's suit.

 

However, Judge Timothy Batten Sr. told Powell that her request to seize and impound the voting machines failed because the voting equipment she wants to impound is in the possession of county election officials. So any injunction the court issues would extend only to the defendants and those within their control.

 

"Plaintiffs have not demonstrated that county election officials are within defendants' control," the judge wrote. "Defendants cannot serve as a proxy for local election officials against whom the relief should be sought."

 

Still, Batten told Powell she could amend her complaint by adding election officials in relevant counties to the list, and in the meantime, defendants are "enjoined and restrained from altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any Dominion voting machine in Cobb, Gwinnett, and Cherokee counties."

 

The effect of the judge's order is that the voting machines will not be allowed to be touched for the sake of resetting or reprogramming by election officials until Powell has had time to amend her lawsuit.

 

According to an affidavit from a Republican poll worker, an election official on Nov. 25 said that the Dominion ballot-counting machines were scheduled to be reset on Monday in order to be used in the recount effort requested by the Trump campaign, the deadline for which is midnight on Dec. 2.

 

The poll worker, according to the affidavit, alerted a supervisor due to concern over wiping the machines.

 

"I am seeing lots of notices from lawyers about possibly impounding the machines," wrote the poll worker. "Lawyers are now saying that the machines should be confiscated immediately before this happens to protect forensic data. They are saying those machines need to be impounded ASAP. Yikes. Maybe I'm being overly paranoid but let's be sure this is what we're supposed to be doing."

 

"It's what we are supposed to do," the supervisor replied. "It will take a court order to stop this process — so I guess we need to keep watching the news."

 

According to the supervisor, Atlanta election officials have already wiped their voting machines.

 

https://justthenews.com/politics-policy/elections/federal-judge-re-approves-emergency-order-blocking-georgia-wiping-state

Anonymous ID: fba188 Nov. 30, 2020, 4:35 p.m. No.11847862   🗄️.is đź”—kun   >>8113 >>8134 >>8325 >>8389

CNN reporter calls for Twitter to label Trump's account as election disinformation

 

For some "journalists," you just cannot censor President Trump enough.

 

Oliver Darcy, who covers the media for the liberal-leaning network CNN, says Twitter should flat-out declare all of the information that Trump shares on Twitter is misleading.

 

"Nearly every tweet from the president at this point is labeled for misinfo," Darcy wrote in a newsletter. "Which had me thinking. Why doesn't Twitter just take the step of labeling his entire account as a known source of election disinfo? And why stop there? Why not label accounts that repeatedly spread claims the platform has to fact-check?"

 

Darcy said by doing so, Twitter would "help users weed out reliable sources from bad-faith actors."

 

"Think of it as a version of NewsGuard for Twitter," Darcy wrote, referring to what some say is a liberal website that rates other sites.

 

Media Research Center Vice President Dan Gainor blasted the call.

 

"CNN and the rest of the leftist media won't be happy until they silence any voice that dares disagree with them," Gainor told Fox News. "Labeling accounts won't be considered strong enough by liberals in the press. Then they will want so-called 'misinformation' accounts limited and then shut down altogether."

 

"If we actually labeled disinformation accounts, we'd have to hit most traditional media outlets, especially CNN," Gainor said, noting three journalists from the cable news network blew a story about Russia and collusion with Trump.

 

"They pushed the bogus Russian conspiracy narrative to the point where CNN had to let go of three editorial employees," Gainor said. "Journalists have become some of the worst censors on the internet — but only of conservative content."

 

Jake Tapper, another CNN host, also called Trump a liar.

 

"The (conservative) National Review: 'it's hard to find much that is remotely true in the president's Twitter feed these days. It is full of already-debunked claims and crackpot conspiracy theories about Dominion voting systems.' The problem isn't bias, it's Trump lying," Tapper tweeted Monday.

 

The (conservative) National Review: “it’s hard to find much that is remotely true in the president’s Twitter feed these days. It is full of already-debunked claims and crackpot conspiracy theories about Dominion voting systems.”The problem isn’t bias, it’s Trump lying. https://t.co/kT27u0ywOJ— Jake Tapper (@jaketapper) November 30, 2020

As of Thursday, Twitter had added warnings labels to 200 of Trump's posts or retweets, saying that they contain false, disputed or misleading information.

 

"Overall since polls closed Nov. 3, about 30% of Trump's posts on Twitter have been flagged by Twitter as containing or potentially including misinformation," according to a Variety analysis. "That goes back to Trump's claim in the wee hours of Nov. 4 asserting without any evidence that Democrats were trying to 'STEAL' the election."

 

https://justthenews.com/accountability/media/cnn-reporter-calls-twitter-label-trumps-account-election-disinformation

Anonymous ID: fba188 Nov. 30, 2020, 4:41 p.m. No.11847958   🗄️.is đź”—kun   >>8134 >>8325 >>8389

Georgia Federal Judge Allows Defendants To Challenge His TRO in Eleventh Circuit Court of Appeals

 

Earlier today I traced yesterday’s sequence of events in federal district court in Georgia that led to the issuance of a TRO by District Court Judge Timothy Batten, whereby he directed officials in Cobb, Gwinnett, and Cherokee Counties to not take any action to alter or delete electronic data stored on the Dominion voting system machines that were used in the Nov. 3 election. Judge Batten reserved, for now, the question of whether to allow the machines to undergo forensic examination by experts hired by the Plaintiffs in the case and gave the State and County Defendants until Wednesday to file legal opposition to the Plaintiffs’ request that he allow such an examination.

 

Late in the afternoon on Monday, Judge Batten issued another order which is likely confusing to non-attorneys — he authorized the State and County Defendants to appeal his TRO to the 11th Circuit Court of Appeals in order to resolve a particular question of law that might implicate the legal basis of the TRO he has entered.

 

Earlier in the day, the Democrat Party of Georgia sought leave to intervene in the case, and filed a proposed motion to dismiss. Among the grounds raised in the motion is that the Plaintiffs — the electors selected by the GOP to attend the Electoral College on behalf of Pres. Trump had he prevailed in Georgia — lack standing to pursue the claims raised in the complaint. In addition, the motion claims that Georgia state law bars election contest matters from being litigated in federal court.

 

There is no filed request for permission to file an interlocutory appeal yet available from the District Court’s ECF system that I can find. So it is uncertain at this point what question of law Judge Batten has identified that might dictate his course of action here depending on the outcome of an appeal to the 11th Circuit, as he does not specify what it is in his order.

 

Generally speaking, only “final” orders are appealable. This is to prevent piece-meal appeals of individual matters from an ongoing case. Once a “final” order in the case is entered, all matters which have been “preserved” by way of objection may be subject to an appeal.

 

If during the course of the litigation, however, the district court judge identifies a particular legal issue which is disputed between the parties, and resolution of that issue will significantly impact the course of the proceedings in the trial court, the district court judge can authorize the taking of an “interlocutory” appeal in order to get a decision from the appeals court on the issue in question.

 

It is possible that Judge Batten wants the Appeals Court to decide the question of standing on the part of these particular Plaintiffs, especially in light of the fact that another judge in the same court dismissed an earlier action brought by attorney Lin Wood, with himself as named Plaintiff, on the basis that simply as a voter in Georgia, Wood lacked standing to pursue the claims he raised. The Complaint before Judge Batten has many of the same claims from the earlier case, but the Plaintiffs are no longer just voters like Wood — they are the losing “electors” who would have voted for Pres. Trump in the Electoral College.

 

If the 11th Circuit rules that the Electors lack standing, then Judge Battan will dismiss the case with no further proceedings.

 

But if the 11th Circuit finds they do have standing, then Judge Battan will need to go forward with making a decision on the motion to allow inspection of the Dominion voting system.

 

One unmistakable fact that can be taken away from this saga is that the State and County Defendants — and now the Democrat Party of Georgia — really don’t want the Plaintiffs’ experts to have a chance to examine the Dominion system and devices.

 

https://redstate.com/shipwreckedcrew/2020/11/30/georgia-federal-judge-allows-defendants-to-challenge-his-tro-in-eleventh-circuit-court-of-appeals-n287309