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re: Breaking: Kari Lake loses trial to overturn Arizona Governor election - Vows to appeal

Posted on 12/27/22 at 11:43 am to
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26833 posts
Posted on 12/27/22 at 11:43 am to
quote:

Ummmmmm. You serious?



Plaintiff claims they don't exist.
Expert for Plaintiff says they do.
Defendants say they do.

At that point, it is established they exist since there is nothing in the record to support Plaintiff's claim.
Posted by YumYum Sauce
Arkansas
Member since Nov 2010
9583 posts
Posted on 12/27/22 at 11:44 am to
Ok Cuckadoodledoo
Posted by moneyg
Member since Jun 2006
63111 posts
Posted on 12/27/22 at 12:01 pm to
quote:

Did they need to be if the Plaintiff's claim was they simply didn't exist? The claim by Lake (and many others on this board) was there were no chain of custody documents for the box 3 ballots. Plaintiff's own witness admitted there were.


It’s an interesting argument that chain of custody documents simply need to exist and don’t need to actually support the totals and tallies reported in the election. That gives a pretty good insight into your level of understanding if chain of custody.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
139071 posts
Posted on 12/27/22 at 12:01 pm to
quote:

The Court credits the personal observations of Mr. Sonnenklar and does not doubt his knowledge or his veracity. But the Court cannot follow Mr. Sonneklar to ascribing intentional misconduct to any party. Mr. Sonnenklar said at Trial that it was “common sense” that such widespread failures must have been the result of intentional conduct. But this intuition does not square with Mr. Sonnenklar’s own observations. For one thing, County T-Techs being sent to troubleshoot and fix the issues with tabulators are not consistent with a scheme by a person or persons to alter the result of an election.
Mickey, a statement like this is indicative of a Judge in the tank with a preconceived verdict. In other words, he either sees cheating and is searching for ways to dismiss it, or he'd so blinded by preconception that he sees nothing at all..

In fact, "County T-Techs being sent to troubleshoot and fix the issues with tabulators are not consistent with a scheme by a person" are ENTIRELY CONSISTENT with a person intentionally altering the result. Contending otherwise, is stupid ... at best.

The court's finding is as nonsensical as insisting SBF never committed investment fraud because Alameda/FTX employees, unaware of the fraud, tried to locate investor's embezzled funds and fix the problem. Unless the judge insists that every county tech and/or their directors would HAVE to be in on the steal, the County T-Tech response would be entirely irrelevant.

Contention to the contrary indicates the judge is either a mouth-forming imbecile, or corrupt, or his mind was so thoroughly made up beforehand, that a counterthesis did not even occur.

This post was edited on 12/27/22 at 12:05 pm
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/27/22 at 12:11 pm to
quote:

It’s an interesting argument that chain of custody documents simply need to exist and don’t need to actually support the totals and tallies reported in the election. That gives a pretty good insight into your level of understanding if chain of custody.

Why didn't Lake's attorneys pursue this? Was it up to the county or judge to do this for them?

Lake's team didn't even ask their own witness how she knew they existed. Did she see them? Did she see a picture of them? Was she taking someone's word over the phone that they exist? If she saw them, could she attest to what they established (or didn't)?
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26833 posts
Posted on 12/27/22 at 12:12 pm to
quote:

It’s an interesting argument that chain of custody documents simply need to exist and don’t need to actually support the totals and tallies reported in the election. That gives a pretty good insight into your level of understanding if chain of custody.



Plaintiff's made the argument that they didn't exist. They did not make any argument in their complaint that they weren't accurate.

From the Judge's decision:
quote:

Because Plaintiff’s expert agreed that the forms which are the basis for this claim were generated, Plaintiff cannot point to their absence writ large as a violation of the EPM.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26833 posts
Posted on 12/27/22 at 12:15 pm to
quote:

Mickey, a statement like this is indicative of a Judge in the tank with a preconceived verdict. In other words, he either sees cheating and is searching for ways to dismiss it, or he'd so blinded by preconception that he sees nothing at all..

In fact, "County T-Techs being sent to troubleshoot and fix the issues with tabulators are not consistent with a scheme by a person" are ENTIRELY CONSISTENT with a person intentionally altering the result. Contending otherwise, is stupid ... at best.


I'm not following you here. There was an issue with printers. Techs were sent out to fix those issues. The judge is saying the mere fact that techs were sent out to fix issues (and thereby improve the election day process/flow) discredits the theory of intent to disrupt the election.
Posted by Wednesday
Member since Aug 2017
17303 posts
Posted on 12/27/22 at 1:07 pm to
quote:

Plaintiff claims they don't exist. Expert for Plaintiff says they do. Defendants say they do.


Plaintiffs concede they exist. By law they’re required to exist. Plaintiffs argued that they were not produced bc they don’t reconcile and/or they were otherwise incriminating to the defendants.

Defendants could have eliminated this inference by producing the documents. They did not. If it’s not an outright admission they show that chain of custody isn’t verified for a significant number of ballots, it’s a damning inference just the same.
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/27/22 at 1:26 pm to
quote:

Plaintiffs argued that they were not produced bc they don’t reconcile and/or they were otherwise incriminating to the defendants.

When did they argue this?
Posted by Wednesday
Member since Aug 2017
17303 posts
Posted on 12/27/22 at 1:26 pm to
That was the whole point of the voicemail from
Betty.
Posted by LSU2ALA
Member since Jul 2018
2071 posts
Posted on 12/27/22 at 1:31 pm to
quote:

Ummmmmm. You serious?


Yes, the judge clearly states that the presumption is the county did things correctly per state law. He also states the county doesn’t have to prove its work because of that. The burden is to prove they did not follow their chain of custody procedures. Lake did not prove it.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26833 posts
Posted on 12/27/22 at 1:32 pm to
quote:

Plaintiffs argued that they were not produced bc they don’t reconcile and/or they were otherwise incriminating to the defendants.


That's not what Lake put in her complaint. They simply said there were no chain of custody documents.
Posted by The1TrueTiger
Colorado Springs, Colorado
Member since Apr 2009
2677 posts
Posted on 12/27/22 at 1:33 pm to
So, is Ms. Lake going to appeal after her sanctions?
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/27/22 at 1:33 pm to
quote:

That was the whole point of the voicemail from
Betty.

Betty left vm saying the chain of custody documents exist, but they're inaccurate and incriminating? I don't remember that.
Posted by LSU2ALA
Member since Jul 2018
2071 posts
Posted on 12/27/22 at 1:38 pm to
quote:

Plaintiffs concede they exist. By law they’re required to exist. Plaintiffs argued that they were not produced bc they don’t reconcile and/or they were otherwise incriminating to the defendants. Defendants could have eliminated this inference by producing the documents. They did not. If it’s not an outright admission they show that chain of custody isn’t verified for a significant number of ballots, it’s a damning inference just the same.


The judge specifically said under state law the county is presumed to have ran their election properly. He said it is not their job to come in and prove their work as it were. There is no negative inference to be gained by the county not introducing those documents as they are not required to do so. You are holding something against them that they have no requirement to do. It’s like holding a defendant’s refusal to testify against himself. He’s not required to do so and no negative inference can be made.
Posted by Wednesday
Member since Aug 2017
17303 posts
Posted on 12/27/22 at 1:39 pm to
No - she said they exist, but she wouldn’t be able to get around to producing them before the trial.

Maricopa denied Betty’s existence and didn’t produce the documents. You’re willing to take it on faith that whatever they said was legit. I am not. I don’t believe shite those people say, especially when I saw one of their witnesses perjure himself.

If the documents would have refuted Lake’s claims - They would have been blown up on a trial board.

I have a billion dollars in my bank account. Just trust me.
Posted by moneyg
Member since Jun 2006
63111 posts
Posted on 12/27/22 at 1:45 pm to
quote:

I'm not following you here. There was an issue with printers. Techs were sent out to fix those issues. The judge is saying the mere fact that techs were sent out to fix issues (and thereby improve the election day process/flow) discredits the theory of intent to disrupt the election.



That's a pretty big leap of logic given it was the techs that changed the settings that forced the ballots to print in the wrong format.
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/27/22 at 1:48 pm to
quote:

No - she said they exist, but she wouldn’t be able to get around to producing them before the trial.

Then I go back to my question -

You posted: Plaintiffs argued that they were not produced bc they don’t reconcile and/or they were otherwise incriminating to the defendants.

When did they argue this?

quote:

You’re willing to take it on faith that whatever they said was legit.

No. I don't trust any of those frickers, but that doesn't make me forget logic and math. I'll repeat what I said a couple hours ago (for about the 20th time) - nobody has explained how we get to a change of more than 17K votes for KL based on any of the evidence introduced at trial, or even just simple logic based on things we know happened.

The only way you can get to 17K votes for KL is with 25K or so voters being disenfranchised because of printer/tabulator issues. Nobody at trial, in the media or on TD has been able to make a credible argument that that happened.
Posted by lsunurse
Member since Dec 2005
129146 posts
Posted on 12/27/22 at 1:50 pm to
quote:

That's a pretty big leap of logic given it was the techs that changed the settings that forced the ballots to print in the wrong format.


The techs were sent to deal with the printers that were printing too light. They were addressing that issue with the printer. That’s when a couple of the printers were inadvertently set to print to fit.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
26833 posts
Posted on 12/27/22 at 1:58 pm to
quote:

That's a pretty big leap of logic given it was the techs that changed the settings that forced the ballots to print in the wrong format.



It's not a leap at all. It's what happened. Troubleshooting IT work often creates new problems while attempting to fix one.
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