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Judge calls election lawsuit ‘baseless,’ orders Kari Lake, Mark Finchem to pay court fees

Posted on 12/2/22 at 9:37 am
Posted by loogaroo
Welsh
Member since Dec 2005
31053 posts
Posted on 12/2/22 at 9:37 am
quote:

A U.S. District Court Judge in Phoenix ordered former Arizona GOP candidates Kari Lake and Mark Finchem to pay court costs incurred by Maricopa County to defend against what the judge said was a lawsuit “filled with false narratives.”
quote:

“It is to make clear that the Court,” Judge Tuchi wrote. “Will not condone litigants ignoring the steps that Arizona has already taken toward [elections] and furthering false narratives that baselessly undermine public trust at a time of increasing disinformation about, and distrust in, the democratic process. It is to send a message to those who might file similarly baseless suits in the future.”


https://www.msn.com/en-us/news/crime/judge-calls-election-lawsuit-baseless-orders-kari-lake-mark-finchem-to-pay-court-fees/ar-AA14NM3D

Obama appointed judge



This was all planned. Lake and Finchem tried to prevent it, but the same judge threw that suit out back in August.

Federal judge dismisses Lake, Finchem's lawsuit over vote-counting machines

quote:

A federal judge has tossed out a bid by the top Republican candidates for statewide office to require ballots in this year's election be counted by hand.

In a 21-page ruling Friday, Judge John Tuchi said the claims by gubernatorial hopeful Kari Lake and Mark Finchem, who is running for secretary of state, that machine counting can produce inaccurate results are little more than speculation on their part, backed only by "vague" allegations about electronic voting systems generally. The judge said that precludes their arguments from being heard in federal court.


https://kjzz.org/content/1805275/federal-judge-dismisses-lake-finchems-lawsuit-over-vote-counting-machines
Posted by cajunangelle
Member since Oct 2012
147327 posts
Posted on 12/2/22 at 9:41 am to
If NOT believing that this will all magically just go away if we all gaze at Ron's Top Guv video.... Gives me BDR Derangement Syndrome.

Then I already had my cootie shot, thanks. I'll take some advil until it is over.
Posted by BBONDS25
Member since Mar 2008
48671 posts
Posted on 12/2/22 at 9:43 am to
So they filed lawsuit prior to the election and immediately after? Exactly what the Dems said was the remedy after 2020….and a liberal judge still tossed both cases? What a system.
Posted by oklahogjr
Gold Membership
Member since Jan 2010
36765 posts
Posted on 12/2/22 at 9:45 am to
quote:

But Tuchi said the big problem with the arguments of why machine counts are unreliable is they are based on a lot of "what if" speculations.

"A long chain of hypothetical contingencies must take place for any harm to occur," he wrote. That includes:

The specific voting equipment used in Arizona must have security failures that allow a malicious actor to manipulate vote totals;

Such an actor must actually manipulate an election;

Arizona's specific procedural safeguards must fail to detect the manipulation; and

The manipulation must change the outcome of the election.

"Plaintiffs fail to plausibly show that Arizona's voting equipment even has such security failures," the judge said. "And even if the allegations in plaintiff's complaint were plausible, their alleged injury is not certainly impending."




Basically they want this because hypothetically they could have been cheated but have no evidence suggesting such basically...
Posted by Plx1776
Member since Oct 2017
16272 posts
Posted on 12/2/22 at 9:48 am to
The malfunctions on election day that caused countless people to give up... is baseless.

This shouldn't even be a fraud narrative , or a conspiracy theory narrative. It's a fact that a helluva lot of machines went down on election day. No one knows how many it affected. It's a fact that the people in charge of the election fricked up and indirectly disenfranchised voters. Rather than just fricking look into it.. they just go "duhh, u r is conspirisy thirist!! Baslesss!"
Posted by loogaroo
Welsh
Member since Dec 2005
31053 posts
Posted on 12/2/22 at 9:49 am to
quote:

What a system.


It's amazing. AZ is North Korea.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50732 posts
Posted on 12/2/22 at 9:49 am to
quote:

Basically they want this because hypothetically they could have been cheated but have no evidence suggesting such basically...



To recap:

1. No one can hold certification of election results until an investigation is held, even the people charged with certifying election results.

2. No one can challenge election results to get an investigation started, including the people who were harmed by what is very likely fraud.

3. No one can sue to hold election results until investigations are performed.

But let's not let any of that stop the morons who spout off about "free and fair elections."
Posted by cajunangelle
Member since Oct 2012
147327 posts
Posted on 12/2/22 at 9:50 am to
So when they ran out of printer ink for ballots on election day that's just fine.

The SOS controlling this steal being the new Governor; threatening felonies to those that don't certify their cheating. Is nothing to see here move along.
Posted by DerkaDerka
Member since Jul 2016
1078 posts
Posted on 12/2/22 at 9:50 am to
I'm very familiar with
* industrial chain of custody procedures/audits
* industrial programming and cyber audits
* voting procedures and devices in general and in LA specifically

With that said, the burden of proof is 100% in the hands of the custodians of the hardware and processes, especially when they are your employees (public servants). Auditors ask questions about concerns and they expect full and open discourse. Any stonewalling is flagged heavily and is unacceptable.

The "without proof" narrative is totally ridiculous. The process needs to be wide open and transparent. We should not be expected to just "trust the experts."
Posted by oogabooga68
Member since Nov 2018
27194 posts
Posted on 12/2/22 at 9:50 am to
"I'm a judge, I can basically do anything I want...."
-Law Abiding Citizen....
Posted by loogaroo
Welsh
Member since Dec 2005
31053 posts
Posted on 12/2/22 at 9:53 am to
quote:

The process needs to be wide open and transparent. We should not be expected to just "trust the experts."


The fox is literally guarding the hen house in AZ.
Posted by Macavity92
Member since Dec 2004
5982 posts
Posted on 12/2/22 at 9:58 am to
quote:

'm very familiar with
* industrial chain of custody procedures/audits
* industrial programming and cyber audits
* voting procedures and devices in general and in LA specifically

With that said, the burden of proof is 100% in the hands of the custodians of the hardware and processes, especially when they are your employees (public servants). Auditors ask questions about concerns and they expect full and open discourse. Any stonewalling is flagged heavily and is unacceptable.

The "without proof" narrative is totally ridiculous. The process needs to be wide open and transparent. We should not be expected to just "trust the experts."


The burden of proof will be on the plaintiff in court.

That said, proof is not normally required at this stage. Federal courts use what is called notice pleading. I have not read the opinion but I suspect that it would be overturned on appeal, especially the award of fees and costs.

The suit should have been filed in Arizona state court. Those judges face a retention election every four years and will have to be much more responsive to the electorate than the political party.
Posted by cajunangelle
Member since Oct 2012
147327 posts
Posted on 12/2/22 at 10:03 am to
quote:

The fox is literally guarding the hen house in AZ.
Call me crazy but I still think the right wing and the left wing of the uniparty made a deal. The democrats were afraid of Lake, Axelrod spoke out on her.

Kevin gets the gavel if Mastriano, Lake are allowed to be illegally eliminated?

It is the only way that dumb as a box of rocks SOS of AZ Hobbs, and Fetterman won.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99150 posts
Posted on 12/2/22 at 10:06 am to
9th Circuit won't help
Posted by udtiger
Over your left shoulder
Member since Nov 2006
99150 posts
Posted on 12/2/22 at 10:07 am to
But...there are no Obama judges.
Posted by BamaAtl
South of North
Member since Dec 2009
21938 posts
Posted on 12/2/22 at 10:07 am to
quote:

So when they ran out of printer ink for ballots on election day that's just fine.


Perfectly fine, because they have contingencies in place for this and those voters were offered a chance to have their votes counted regardless of the mechanical failure.
Posted by lsusteve1
Member since Dec 2004
42018 posts
Posted on 12/2/22 at 10:09 am to
No such thing a "fair & just" anymore, don't kid yourself.



These clowns are pawns
Posted by BBONDS25
Member since Mar 2008
48671 posts
Posted on 12/2/22 at 10:10 am to
quote:

Basically they want this because hypothetically they could have been cheated but have no evidence suggesting such basically...


I disagree, and it certainly had enough merit to get past this point. However ,you bring up a good point. Is the standard you shared the standard being used against Trump?
Posted by loogaroo
Welsh
Member since Dec 2005
31053 posts
Posted on 12/2/22 at 10:13 am to
quote:

Call me crazy but I still think the right wing and the left wing of the uniparty made a deal.


Absolutely!

I've been saying AZ is the establishments firewall for national elections. Lake and Finchem threaten that. Lake ran on that platform.
Posted by loogaroo
Welsh
Member since Dec 2005
31053 posts
Posted on 12/2/22 at 10:14 am to
quote:

Perfectly fine, because they have contingencies in place for this and those voters were offered a chance to have their votes counted regardless of the mechanical failure.


What about the ones that couldn't wait in a 3 hour line?
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