Thursday, November 26, 2020

What does the Sidney Powell Georgia lawsuit allege?

Georgia lawsuit long on allegations and short of proof

Sidney Powell has suggested that the massive nature of her lawsuits were going to be akin to "releasing the Kraken". There is no question that the allegations raised are quite serious, but there are certainly obvious issues with whether or not Powell can actually "prove" any of what she alleges. Or more to the point, whether or not the basic facts stipulated by all even provide for the possibility of a court ordered relief or what that relief might be. 

But regardless of the legal uphill battle this lawsuit carries, I can offer my own opinion at what issues should be taken seriously (even if there is nothing a court can do about them).

The Dominion and Smartmatic voting machines that have been under fire and all of the voting information within them were actually connected to the internet so that information could be accessed and updates could be made remotely. I am not sure exactly how common this is or why you would want or need these machines on line. But I seem to recall that in 2016 when Democrats argued that machines were hacked in Wisconsin, that the main problem with that argument was that those machines were never actually connected to the internet to have been hacked by an outside source. Any hacking would have had to have been done on-site.

Obviously the fact that connecting your individual voting machines to the internet allows for the possibility that they could be hacked by outside players, does not actually prove that it happened. I also have no idea what real security is provided by Dominion to guarantee nobody can get it. It could be as safe as your banking information. But one might think that whatever convenience is gained by having these machines on-line is far outweighed by the potential risk, both real and imagined. 

This is an issue that probably needs to be addressed in the future, but I find it hard to imagine that Powell can provide any evidence that the machines were actually hacked. 

Approximately 100,000 more mail in ballots were allegedly counted than there is record of being received. Now I am not sure where exactly this allegation comes from, but it would appear to be something that could be flushed out one way or the other pretty quickly. If these allegations are true, proving them would not be that difficult. If they are not true, then providing proof that the number of mail in ballots counted was equal to the number that they show received would also be a relatively simple task. 

If true, this would lend credence to the many affidavits signed suggesting that pristine unfolded mail in ballots were counted in Fulton county and other places. Obviously every mail-in ballot would have creases from being folded and placed in an envelope, and no mail in ballot could be returned without being in the envelope. Either way, no mail in ballots should be counted that do not have creases. If any were counted, then that would actually appear to be evidence of tampering or fraud.

Now a judge may decide that the matter is moot, simply because there would be no evidence of the suing part being injured. It seems that half the time these political or election lawsuits are tossed due to lack of standing or other legal technicalities. But I would hope that any Judge looking for any semblance of truth would ask for this allegation to be verified one way or the other. 

What "could" happen in this situation would be if the amount of fraudulent votes exceeded the margin of victory, the election could legally be set aside. Or if they could be technically sorted out based on a lack of fold or crease, they could be invalided.  But a judge would have to have balls the size of beach balls to pull either of those moves. 

There was no water pipe break in Fulton county is another allegation raised by Powell. According to more witness affidavits, there was never a water pipe break, but rather there was a situation with a toilet that overflowed. The affidavits state that the mysterious imaginary water pipe break was just an excuse to evacuate the building, but that a group of poll workers did not leave the building and instead spent several hours unsupervised counting ballots and working on the computers. 

Again, even if it can be proven that poll workers worked unsupervised, and possibly even lied to get everyone else out, that evidence does not "prove" fraud.  But if this allegation was true, then it's possible that the poll workers who remained behind and worked may have broken an election law, even without proving any fraud. 

Bottom line: I would not expect this lawsuit to go anywhere. The only glimmer of hope for Powell fans would probably be tied to the whether or not there is real evidence that more mail in ballots were counted than were legally shown as received. There seems to be an actual legal standing here where a judge could conclude that if it can be proven that more illegal ballots were counted than the margin of victory... then the results of the election could technically be tossed aside. But to suggest that is a long shot would be an understatement. 


22 comments:

Honest, decent, truthful Rev. said...

It is amazing to me that you continue to take seriously the allegations of a woman who absolutely infuriated and disgusted Tucker Carlson of Fox News.

He desperately wanted to believe Powell's allegations and kept begging and eventually hounding her for the evidence she claimed she could produce, but never did, until his adamant requests caused her indignantly to refuse to continue communicating with him.

If I am not mistaken, Dominion has pointed out that every one of their machines produced a paper trail that proves there never could have been a switching of votes from Trump to Biden, much less the massive kind of switch that Powell charges.

Come out of Fantasyland, Ch.

Coldheartedtruth Teller said...

I have to find it.

A so called computer expert said the Dominion had been hacked but no evidence

Honest, decent, truthful Rev. said...

Here, CH, you can perhaps at last enter REALITYLAND.

DOMINION VOTING
Updated: November 25, 2020
SETTING THE RECORD STRAIGHT: FACTS & RUMORS

DOMINION VOTING SYSTEMS CATEGORICALLY DENIES FALSE ASSERTIONS ABOUT VOTE SWITCHING AND SOFTWARE ISSUES WITH OUR VOTING SYSTEMS.
According to a Joint Statement by the federal government agency that oversees U.S. election security, the Department of Homeland Security's Cybersecurity & Infrastructure Security Agency (CISA): "There is no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised." The government & private sector councils that support this mission called the 2020 election "the most secure in American history."

1) DOMINION IS NOT SHUTTERING ITS OFFICES. EMPLOYEES HAVE BEEN ENCOURAGED TO WORK REMOTELY AND PROTECT THEIR SOCIAL MEDIA PROFILES DUE TO PERSISTENT HARASSMENT AND THREATS AGAINST PERSONAL SAFETY.
Dominion employees are being forced to retreat from their lives due to personal safety concerns, not only for our employees themselves, but also for their extended families.

ABC News has reported on these security concerns, saying that after "two weeks of false fraud claims," this is the latest sign that "freewheeling online rhetoric has real-world consequences."
Dominion team members are working around the clock to address issues with law enforcement and take every measure we can to ensure the safety of our employees.
Dominion will not comment further about our personnel due to these safety concerns.

2) VOTE DELETION/SWITCHING ASSERTIONS ARE COMPLETELY FALSE.
An unsubstantiated claim about the deletion of 2.7 million pro-Trump votes that was posted on the Internet and spread on social media has been taken down and debunked by independent fact-checkers.

Edison Research (ER) has refuted any claims that company data suggests any voting irregularities, including vote switching. Edison Research President Larry Rosin told The Dispatch Fact Check, "Edison Research created no such report and we are not aware of any voter fraud."

Claims that 941,000 votes for President Trump in Pennsylvania were deleted are impossible. The fourteen counties using Dominion systems collectively produced 1.3 million votes, representing a voter turnout of 76%. Fifty-two percent of those votes went to President Trump, amounting to 676,000 votes processed for the President in Pennsylvania using company systems.

The U.S. Department of Homeland Security's cybersecurity division has confirmed that it is not possible for a bad actor to change election results without detection.

Dominion doesn't even operate in some of the contested districts, including Philadelphia; Allegheny County, PA; Milwaukee; and Dane County.

3) DOMINION'S SYSTEMS ARE SECURE AND ARE CERTIFIED UNDER THE U.S. ELECTION ASSISTANCE COMMISSION (EAC).
All U.S. voting systems must provide assurance that they work accurately and reliably as intended under federal U.S. EAC and state certifications and testing requirements. Dominion's voting systems are certified for the 2020 elections.

Servers that run Dominion software are located in local election offices, and data never leaves the control of local election officials.

Dominion does not have the ability to review votes in real-time as they are submitted.

Dominion software does not have the ability to fractionalize or weight a vote.

Dominion's tabulators do not have exposed USB or other memory ports.

Dominion software tabulates ballots. It does not collect or store voter information.

Dominion is certified in 28 states. While we disagree with Texas' decision to not certify our systems, we understand there are different standards in different states. Sometimes it takes adjustments, for any company's systems, to meet a certain state's standard.

Honest, decent, truthful Rev. said...

4) ASSERTIONS OF "SUPERCOMPUTER" ELECTION FRAUD CONSPIRACIES ARE 100% FALSE.
The Cybersecurity and Infrastructure Security Agency (CISA) has debunked claims about the existence of a secret CIA program for vote fraud called Hammer and Scorecard.

All U.S. voting systems must provide assurance that they work accurately and reliably as intended under federal U.S. EAC and state certifications and testing requirements. Election safeguards - from testing and certification of voting systems, to canvassing and auditing - prevent malicious actors from tampering with vote counts and ensure final vote tallies are accurate. Read more from CISA.

There have been no "raids" of Dominion servers by the U.S. military or otherwise, and Dominion does not have servers in Germany. CISA has refuted this claim on Twitter, and the U.S. Army has also confirmed to the Associated Press that it's false.

5) THERE WERE NO DOMINION SOFTWARE GLITCHES AND BALLOTS WERE ACCURATELY TABULATED. THE RESULTS ARE 100% AUDITABLE.
No credible reports or evidence of any software issues exist. Vote counts are conducted by county and state election officials, not by Dominion. Our systems support tabulation by those officials alone. Human errors related to reporting tabulated results have arisen in a few counties, including some using Dominion equipment, but appropriate procedural actions have been taken by the county to address these errors were made prior to the canvass process.

The Michigan Secretary of State's office offers a Fact Check Page which debunks false or erroneous claims about voting in Detroit, as well as a user-error incident in Antrim County.
The Georgia Secretary of State has also repeatedly stated throughout the count that "[a]s the work goes on, I want to assure Georgia voters that every legal vote was cast and accurately counted."

Dominion's systems are not responsible for 2,631 uncounted ballots discovered in Floyd County, Georgia during the statewide recount. The Secretary of State's office has cited clerical error and lack of following proper procedures as the cause.

Votes are not processed outside the United States. Votes are counted and reported by county and state election officials - not by Dominion, or any other election technology company. Assertions that votes are counted in Germany are completely false, as has been fact-checked by the Associated Press.

6) DOMINION EMPLOYEES DO NOT HAVE ACCESS TO THE BALLOT ADJUDICATION SYSTEM, NOR DO THEY OPERATE IT.
The canvass process exists to allow election officials to validate and count ballots that were unable to be counted on Election Day because they needed additional adjudication. Dominion employees do not have access to this adjudication system, nor do they operate it.

Access to any adjudication system resides with the election authority using it. The system is controlled through secure and verifiable user accounts, and all the voter intent adjustments are securely logged in the system and then recorded in the digital image of the ballot.

All states require bipartisan/multi-person teams in order to adjudicate ballots in accordance with the law.

7) DOMINION IS A NONPARTISAN U.S. COMPANY BASED IN DENVER, CO.
Dominion has no company ownership relationships with the Pelosi family, Feinstein family, Clinton Global Initiative, Smartmatic, Scytl, or any ties to Venezuela or Cuba. Dominion works with all U.S. political parties; our customer base and our government outreach practices reflect this nonpartisan approach.

The Associated Press has verified that Dominion has no ties to Venezuela.

As reported by the Associated Press, "Dominion made a one-time philanthropic commitment at a Clinton Global Initiative meeting in 2014, but the Clinton Foundation has no stake or involvement in Dominion's operations, the nonprofit confirmed." The meeting included bipartisan attendees focused on international democracy-building.

Honest, decent, truthful Rev. said...

8) DOMINION IS NOT, AND HAS NEVER BEEN, OWNED BY SMARTMATIC.

Dominion is an entirely separate company and a fierce competitor to Smartmatic.

Dominion and Smartmatic do not collaborate in any way and have no affiliate relationships or financial ties.

Dominion does not use Smartmatic software.

The only associations the companies have ever had were:
- In 2009, Smartmatic licensed Dominion machines for use in the Philippines. The contract ended in a lawsuit.
- In 2010, Dominion purchased certain assets from Sequoia, a private U.S. Company. Smartmatic, a previous owner of Sequoia, pursued legal actions against Dominion.

Dominion did not acquire Smartmatic and/or its software from Sequoia.

9) NO UNAUTHORIZED OR LAST-MINUTE SOFTWARE UPDATES OCCURRED.
Claims about software updates being done the night before Election Day are 100% false. Our voting systems are designed and certified by the U.S. government to be closed and do not rely on network connectivity.

Both Spalding County and the Georgia Secretary of State have verified that a) this type of unauthorized update is impossible, and b) the actual logs from equipment under the custody of the County determined an update did NOT happen the night before the election.

Georgia Voting System Implementation Manager Gabe Sterling has affirmed in his daily press briefing on November 9 that "nothing was done to the [PollPad] system after [October 31]," when voter files were updated as part of normal procedure.

10) MISINFORMATION IS AN ATTACK ON OUR DOMINION CUSTOMERS: LOCAL ELECTION OFFICIALS AND SECRETARIES OF STATE.
Erroneous claims that precincts in Michigan had more votes recorded than actual voters point to an affidavit that has several glaring errors. The counties cited are in Minnesota, not Michigan, and the affidavit's claims regarding over-votes are not verified with any data from previous Minnesota elections or the Secretary of State. This claim has no basis in truth.

These dedicated public servants - not Dominion - run our elections and many have reaffirmed the integrity of the elections. Recent statements from election officials include:

Honest, decent, truthful Rev. said...

MICHIGAN
The Michigan Secretary of State's office debunked false claims about the election in the state, stating absentee ballot counting was transparent and accurate and that an isolated user error in Antrim County did not affect election results.

A spokesperson for the Michigan Secretary of State stated, "We have not seen any evidence of fraud or foul play in the actual administration of the election. What we have seen is that it was smooth, transparent, secure and accurate."

GEORGIA
The Georgia Secretary of State stated upon completion of a statewide review of ballots on November 19, "Georgia's historic first statewide audit reaffirmed that the state's new secure paper ballot voting system accurately counted and reported results."
ARIZONA

The Chairman of the Maricopa County Board of Supervisors released a letter on November 17 noting, "The evidence overwhelmingly shows the system used in Maricopa County is accurate and provided voters with a reliable election... The Dominion tabulation equipment met mandatory requirements during logic and accuracy testing before the Presidential Preference Election, the Primary Election and the General Election. And after each of these 2020 elections, the hand count audit showed the machines generated an accurate count."

11) THERE ARE NO ISSUES WITH THE USE OF SHARPIE PENS.
Election officials provide writing instruments that are approved for marking ballots to all in-person voters using hand-marked paper ballots. Dominion Voting Systems machines can read all of these instruments, including Sharpies.

The DHS Cybersecurity and Infrastructure Security Agency, "if a ballot has issues that impacts its ability to be scanned, it can be hand counted." The Maricopa County Board of Supervisors assured voters that "sharpies do not invalidate ballots."

Dominion has stated that "Sharpie pens are safe and reliable to use on ballots, and recommended due to their quick-drying ink."

Honest, decent, truthful Rev. said...

What Hunting Bigfoot Taught a GOP Lawmaker
4:00 pm EST By Taegan Goddard

Washington Post:
“There was a time in Denver Riggleman’s life when he sat on the banks of a creek that reeked of dead fish and peered through night-vision goggles into the thick of the Olympic National Forest. He was looking for Bigfoot.

“Or at least, others in his group were. Riggleman, a nonbeliever who was then a National Security Agency defense contractor, had come along for the ride, paying thousands in 2004 to indulge a lifelong fascination: Why do people — what kind of people — believe in Bigfoot?

“Now in one of his last acts as a Republican congressman from Virginia, Riggleman is asking the same questions of QAnon supporters and President-elect Joe Biden deniers.”



Trump Struggles with Being a Loser Again
3:58 pm
“In the now-distant Republican presidential primaries of 2016, Senator Ted Cruz of Texas handily won the Iowa caucuses. This was determined by a method that has lately come under attack but at the time was considered standard: elementary math,” the New York Times reports.

“One of the losers in Iowa, the developer and television personality Donald J. Trump, soon accused Mr. Cruz of electoral theft. He fired off several inflammatory tweets, including this foreshadowing of our current democracy-testing moment: ‘Based on the fraud committed by Senator Ted Cruz during the Iowa Caucus, either a new election should take place or Cruz results nullified.'

“The episode vanished in the tsunami of political vitriol to come during the Trump presidency. Still, it reflects what those who have worked with Mr. Trump say is his modus operandi when trying to slip the humiliating epithet he has so readily applied to others. Loser."

LOSER! LOSER! LOSER! LOL LOL LOL!!!

Coldheartedtruth Teller said...

https://pjmedia.com/election/victoria-taft/2020/11/24/big-tech-expert-says-googles-manipulations-shifted-at-least-six-million-votes-to-joe-biden-n1170152

An "expert" showed that Google swang six million votes to Biden.

He leaked video to Breitbart, but the MSM hid it.

Honest, decent, truthful Rev. said...

Stop hunting for Bigfoot, Ch, and try to (re?)enter the world of sensible, responsible commentary.

I put in the question mark because it begins to become apparent you never really were in that world.

Coldheartedtruth Teller said...

Scott, you want a judge to ignore his sworn pledge to protect and defend the Constitution of the United states by growing balls

But a judge would have to have balls the size of beach balls to pull either of those moves. 

To break his vow and support a wannabe authoritarian leader.

Honest, decent, truthful Rev. said...

Wyoming’s Governor Tests Positive
4:19 pm
Wyoming Gov. Mark Gordon (R) has tested positive for COVID-19, CBS News reports.

The Washington Post reports Gordon has resisted calls for a mask mandate even though the state has seen coronavirus cases increase significantly this fall.
________________

QUESTION:
What do they call a lot of the mask deniers?

ANSWER:
Corpses.

Coldheartedtruth Teller said...

James, Indy said that he lost his mind 5 years ago, when the lame duck President decided to run for President

Anonymous said...

To wrap this up, with a bow.

"The truth is, states that did more to encourage wearing face masks and locking down and social distancing are also being hard hit." James

The loss of work, homes, businesses and education of our youth was a huge mistake, according to soon to be back tracking again, Jane.

Coldheartedtruth Teller said...

Masking isn't perfect.

But it saves lives. Calling it a hoax has caused thousands of lives.

Stupid troll squad asshole kputz doesn't care

Coldheartedtruth Teller said...

CDC MASK

Coronavirus DiseaseMENU

YOUR HEALTH

Considerations for Wearing Masks

Help Slow the Spread of COVID-19

Updated Nov. 12, 2020

Languages

What you need to knowPeople age 2 and older should wear masks in public settings and when around people who don’t live in their household.​Masks offer some protection to you and are also meant to protect those around you, in case you are unknowingly infected with the virus that causes COVID-19.A mask is NOT a substitute for social distancing. Masks should still be worn in addition to staying at least 6 feet apart.Wash your hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol after touching or removing your mask.Masks may not be necessary when you are outside by yourself away from others, or with other people who live in your household. However, some localities may have mask mandates while out in public and these mandates should always be followed.CDC is still studying the effectiveness of different types of masks and will update our recommendations as new scientific evidence becomes available.

Evidence for Effectiveness of Masks

Your mask helps protect those around you

COVID-19 spreads mainly from person to person through respiratory droplets. Respiratory droplets travel into the air when you cough, sneeze, talk, shout, or sing. These droplets can then land in the mouths or noses of people who are near you or they may breathe these droplets in.

Masks are a simple barrier to help prevent your respiratory droplets from reaching others. Studies show that masks reduce the spray of droplets when worn over the nose and mouth.

You should wear a mask, even if you do not feel sick. This is because several studies have found that people with COVID-19 who never develop symptoms (asymptomatic) and those who are not yet showing symptoms (pre-symptomatic) can still spread the virus to other people. The main function of wearing a mask is to protect those around you, in case you are infected but not showing symptoms.

It is especially important to wear a mask when you are unable to stay at least 6 feet apart from others since COVID-19 spreads mainly among people who are in close contact with one another (within about 6 feet).

Your mask offers some protection to you

A cloth mask also offers some protection to you too. How well it protects you from breathing in the virus likely depends on the fabrics used and how your mask is made (e.g. the type of fabric, the number of layers of fabric, how well the mask fits). CDC is currently studying these factors.


Anonymous said...

Personal Attack.

Actually , no.

Roger stated his SAT was 97
Roger stated he was a drunkard and now is not.

You don't read Roger's posts here or on his Facebook.


Roger stated he was the cause of both of his failed marriages.
Roger Stated he doesn't do math well.
Roger Stated in 2020 he would live in a luxury home with a super model GF, a huge bank Account and specified he would drive an Audi A8 a 78 k car.

So James, those are facts.

Roger doesn't dispute he said all of them.

Honest, decent, truthful Rev. said...

Normally I ignore KansasDimwit because he is a troll who lies all the time.

For example, he quoted me as saying,

"The truth is, states that did more to encourage wearing face masks and locking down and social distancing are also being hard hit." James

And I did say that, but dishonest KDim left off what I said next.

So now he's going to truthfully repeat again in his next post what I said and then what I said next, isn't he?

Anonymous said...

Nope, your statement stand .

James, it is not my fault you said it.

Honest, decent, truthful Rev. said...

It's not my fault Kansas Dim lies.

I said
"The truth is, states that did more to encourage wearing face masks and locking down and social distancing are also being hard hit." James

And then I pointed out that when you look at our nation on a county by county basis, you still can see that the rates of infection are for the most part worse and getting worse in those counties that have resisted wearing masks and social distancing, either through strict lock downs or less stringent measures.

Coldheartedtruth Teller said...

Just saw the vote tabulations. There is NO WAY Biden got 80,000,000 votes!!! This was a 100% RIGGED ELECTION.
@realdonaldtrump
He said that right after the results were released

Coldheartedtruth Teller said...

a pro-Trump group for $2.5 million after the group failed to show evidence of voter fraud in the 2020 presidential election or provide him with updates on their efforts.

Fred Eshelman donated the money to True the Vote Inc., a Houston-based organization, which had promised to “investigate, litigate, and expose suspected illegal balloting and fraud in the 2020 general election,” according to Bloomberg.

Eshelman, who is the founder of Eshelman Ventures LLC, now wants his money back because True the Vote did not provide him with information about their progress and he believes they can’t achieve what they claimed.

True the Vote filed four lawsuits following the election on November 3 but has subsequently dropped all of them.

“While we stand by the voters’ testimony that was brought forth, barriers to advancing our arguments, coupled with constraints on time, made it necessary for us to pursue a different path,” the group announced on its website on November 17.

Their attempt to challenge the election results was called Validate the Vote and was to involve lawsuits in seven swing states. They also planned to collect evidence, lobby Republican legislatures and use “sophisticated data modeling and statistical analysis to identify potential illegal or fraudulent balloting.”

Eshelman wired the group $2 million on November 5 and then sent them a further $500,000 the following week but True the Vote did not provide him with updates on their activities. He claimed he regularly asked for information but was “met with vague responses, platitudes, and empty promises.”

As state deadlines for the certification of votes approached, Eshelman reportedly realized the group couldn’t achieve what they claimed and so asked for his donation back.

True the Vote offered him $1 million if he agreed not to sue, his complaint alleges. His suit against them has now been filed in District Court in the Southern District of Texas.

It’s not clear at this early stage if Eshelman’s case will succeed but the veteran businessman appears to have the necessary funds to pursue his complaint. In 2014, he donated $100 million to the School of Pharmacy at the University of North Carolina-Chapel Hill, where he was a student.

Several conservative groups have made fundraising pitches based on unsubstantiated claims of voter fraud in the presidential election, including President Donald Trump‘s campaign.

There is no evidence of widespread voter fraud or irregularities during the 2020 election despite the Trump campaign’s ongoing and largely unsuccessful litigation efforts.

Honest, decent, truthful Rev. said...

Trump Says He’ll Leave If Electoral College Seats Biden
9:26 pm
“President Trump said Thursday that he will leave the White House if the Electoral College formalizes President-Elect Joe Biden’s victory — even as he insisted such a decision would be a ‘mistake’ — as he spent his Thanksgiving renewing baseless claims that ‘massive fraud’ and crooked officials in battleground states caused his election defeat,” the AP reports.

“The fact that a sitting American president even had to address whether or not he would leave office after losing reelection underscores the extent to which Trump has smashed one convention after another over the last three weeks.”

OF COURSE HE'LL LEAVE, OR BE TRANSPORTED OUT IN SHACKLES BY THE SECRET SERVICE WHO ARE SWORN TO UPHOLD THE CONSTITUTION