Attorney Sidney Powell’s “Release the Kraken” mantra has become her rallying cry in reference to cases she has been working on that she has continually insisted would prove massive election fraud occurred in the presidential election. In late November, she told Newsmax TV that cases she was about to file in Georgia and Michigan were “biblical.”
“Biblical” or not, Powell’s Kraken never got off the ground — or should I say never surfaced in the ocean of election fraud allegations — in Georgia and Michigan — at least for now.
Federal Judge Reportedly Tosses Sidney Powell’s Georgia Lawsuit Seeking To Overturn Election Results https://t.co/ajamza2kIy
— Daily Caller (@DailyCaller) December 8, 2020
As reported by WSB-TV in Atlanta, a federal judge on Monday dismissed Powell’s election fraud case in which she sought decertification of the Peach State’s presidential election results declaring Joe Biden the winner.
Judge Timothy C. Batten dismissed the suit after hearing arguments that lasted just over an hour Monday, citing moot arguments, lawsuit timing, and arguments filed in the wrong court.
This happened at the same time Georgia officials were preparing to recertify the election, after ballots were counted three times, including a hand- and machine-recount. The latter was requested by the Trump campaign following a state audit of the General Election.
Powell sought to decertify the election results, and have voting machines examined. She also argued for new electors to be appointed, something that would not be permitted, per federal and state law.
The fraud allegations in the suit are parallel to dozens of allegations that have been dismissed in federal courts nationwide since the General Election.
Batten cited a number of reasons he dismissed Powell’s suit: the suit should’ve been filed in a state court vs. a federal court; the plaintiffs don’t have standing to bring the claims, and the amount of time the plaintiffs took to file a suit, among them.
The courts have convincingly held that these types of cases are not properly before federal courts. These are state elections. State courts should evaluate these proceedings from start to finish,” Batten said.
“Moreover, the plaintiffs simply do not having standing to bring these claims,”
“Additionally, I find that the plaintiffs waited too long to file this suit. Their primary complaint involves the Dominion ballot marking devices. They say those machines are susceptible to fraud.
“There is no reason they could not have followed the administrative procedure act to the rule-making authority that had been exercised by the Secretary of State.”
“This suit could have been filed months ago at the time these machines were adopted. Instead the plaintiffs waited until over three weeks after the election to file the suit. There’s no question in my mind that if I were to deny the motion to dismiss, the matter would be brought before the 11th Circuit, and the 11th Circuit would reverse me.”
Georgia State University law professor Anthony Michael Kreis told WSB-TV he wasn’t surprised by the judge’s decision to dismiss.
“This is just one additional loss of now over 40 losses for the Trump campaign in both state and federal court. It is not a surprise whatsoever.”
In addition to describing her then-pending case in Georgia as “biblical,” Powell has also referred to it as “massive,” saying it would “save” Donald Trump’s presidency.
Georgia Secretary of State Brad Raffensperger said Monday that he will recertify the state election results, confirming that Biden won the state by roughly 12,000 votes.
“Today the Secretary of State’s office will be re-certifying our state’s election results. Then the safe harbor under the United States Code to name electors is tomorrow, and then they will meet on December 14th to officially elect the next president.”
In an article I wrote on Saturday titled She’s Back: Sidney Powell Returns to Newsmax TV to Talk Pre-Marked Biden Votes, Bags of Shredded Ballots, Plenty of Time to Overturn Election Results, I included quotes from Powell in which she claimed the December 8 “safe harbor” deadline does not apply to fraud cases.
”We have at least until Dec. 14. We might file more suits. The court in Michigan or Wisconsin today just gave us a great order recognizing that. These are not pure election contests we are filing.
“These are massive fraud suits that can set aside the results of the election due to this fraud at any time. The states should not be certifying election results in the face of it.”
Either Raffensperger or Powell is wrong, here. Shoot me, but I’m going with Powell.
Next up, Michigan.
For a variety of reasons, including a lack of standing for bringing a lawsuit to overturn Biden’s Michigan victory and delay in filing the case, District Judge Linda Parker in Detroit dismissed the lawsuit filed on Nov. 25 by Sidney Powell. https://t.co/HixAeogZyc pic.twitter.com/dBUfCiE9tO
— Reuters Legal (@ReutersLegal) December 7, 2020
As reported by Law & Crime, a federal judge in Michigan on Monday made comments similar to those of Judge Batten in Georgia while denying an emergency request by Powell and attorney Lin Wood to overturn the election results in that state. U.S. District Judge Linda Parker wrote, in part, in her decision:
“Plaintiffs ask this court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This, the Court cannot, and will not, do.
“[That] ship has sailed. Plaintiffs could have lodged their constitutional challenges much sooner than they did, and certainly not three weeks after Election Day and one week after certification of almost three million votes.”
Parker appeared to be particularly unimpressed with Powell’s allegations of fraud, which she called “an amalgamation of theories, conjecture, and speculation that such alterations were possible.
“With nothing but speculation and conjecture that votes for President Trump were destroyed, discarded or switched to votes for Vice President Biden, Plaintiffs’ equal protection claim fails.”
Parker also suggested that cases brought by Powell and Wood have little chance of succeeding anywhere — in a blistering accusation.
“For these reasons, the court finds that Plaintiffs are far from likely to succeed in this matter. In fact, this lawsuit seems to be less about achieving the relief Plaintiffs seek—as much of that relief is beyond the power of this Court—and more about the impact of their allegations on People’s faith in the democratic process and their trust in our government.”
Powell announced on Monday she will appeal the dismissal of the Georgia lawsuit and “proceed as fast as possible to the Supreme Court.”
The legal team led by @SidneyPowell1 will appeal the Dec. 7 dismissal of an #Election lawsuit in #Georgia, with #Powell saying they “will proceed as fast as possible to the Supreme Court.” https://t.co/3AuhwYPae4
— The Epoch Times (@EpochTimes) December 8, 2020
So there it is — in two of three states (the other being Pennsylvania) that Powell has repeatedly insisted would “save” Trump’s presidency. I’m not a lawyer but it appears to me the arguments against Powell and Wood and their cases have been consistent; particularly with these two decisions — as the clock continues to tick.
As reported by my RedState colleague Bonchie last week in an article titled Grift-Tastic Duo Lin Wood and Sidney Powell Tell Georgians to Hand Democrats the Senate, Sidney Powell and Lin Wood have pushed Georgia voters to boycott the January 5 Senate runoff elections, which would hand control of the upper chamber to Chucky Schumer and the Democrats.
As they say in the South (I think), that dog don’t hunt — as made all too clear by what happened in Georgia and Michigan, Monday. Next up, Supreme Court?
If Fox News host Mark Levin has anything to say about, hell yes.
On Sunday’s “Life, Liberty & Levin”, “The Great One” called on SCOTUS to step in now, as he all but destroyed Pennsylvania’s “far-left” governor and the “unconstitutional” decision handed down by PA’s 5-2 Democrat-majority Supreme Court.
Check out this earlier article on SCOTUS from my RedState colleague streiff, as well.