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The former Maricopa County Elections attorney Rachel Alexander weighs in.

Posted on 12/26/22 at 12:51 pm
Posted by loogaroo
Welsh
Member since Dec 2005
42442 posts
Posted on 12/26/22 at 12:51 pm
quote:

As the former Maricopa County Elections atty, and a Maricopa County prosecutor who represented Sheriff Joe Arpaio going after corrupt Maricopa County Supervisors, I see what went on with the judge dismissing @KariLake 's election lawsuit.

quote:

I was limited to 1,000 words, so this article doesn't come close to covering everything. So let the left come and slam me over it, I'll just come out with more articles addressing their straw man, red herring, fake legal arguments meant to obfuscate.



quote:

The trial court judge in Kari Lake’s election lawsuit predictably threw out her case on Saturday, putting on a sham trial that on the surface looked fair to the general public that doesn't know any better, but to legal minds was a travesty of justice. Maricopa County Superior Court Judge Peter Thompson only gave her two days for a trial and issued his ruling immediately afterwards, even though he could have taken several days, and it was one of the biggest, most important cases in the country. Legal experts believe his decision was ghostwritten, they suspect top left-wing attorneys like Marc Elias emailed him what to say.

quote:

The standard should have been whether voters were disenfranchised, not all the additional hoops Thompson added. If inner city blacks had been disenfranchised, Thompson would not have added all those extra requirements, he would have made the law fit. Robert Gouveia, a rare attorney who isn’t afraid to speak up and who describes himself as watching prosecutors, judges and politicians, said the standard should have been whether there was voter suppression. Instead, Thompson said Lake had to show an extremely vague, high bar in order to prevail, that an election official intentionally caused the printer changes in order to change the results of the election, and that it did affect the outcome. He explained away many of the disturbing election anomalies as accidents or mere coincidences. He ignored the vast majority of them; in a show of arrogance, his opinion was less than eight pages long. Thompson completely ignored all the voters who saw the long lines and gave up trying to vote, as if they didn’t count. Considering probably well over half of the voting locations in Maricopa County were affected, not to mention they were almost all in heavily Republican areas, this was no small disenfranchisement. Many voters have come forward and told how they were unable to vote for this reason or similar, such as a man who couldn’t find parking in time due to the overcrowded parking lot.

quote:

Even with the higher burden required by Thompson, well-known lawyer Viva Frei, whose real name is David Freheit, said Lake’s team showed there was intentionality and believed the case was a slam dunk. It was clear early on Thompson was going to rule against Lake, throwing out eight of her 10 claims, which included observers’ testimony that 90% of mismatched signatures were accepted. In doing so, he trivialized important, good-faith arguments about constitutional and civil rights. The two whittled-down claims he kept allowed him to hold a trial to appear fair, then declare everything OK and the county in the right. Now the Arizona Supreme Court will be set up to uphold it all because these are fact-specific matters and they must defer to the fact-finding discretion of the Superior Court. Thompson said in his opinion that it was unprecedented in history to set aside an election like that, but he was mincing words. It’s happened many times. In 2013, in Pembroke, North Carolina, a new election was ordered for town council after it came out that at least two candidates helped bring people to the town's early voting location who were ineligible to vote. In 2018, in Sharpsburg, North Carolina, a judge merely cited “an irregularity” as enough to order a new election. There, only 20-25 voters were alleged to have been disenfranchised.


quote:

In 2019, a judge ordered a new election for a Georgia House seat based on merely finding that four voters were ineligible. Also that year, in North Carolina, Democrats were all too happy to praise a judge ordering a new election where a contractor was accused of illegally collecting hundreds of ballots for the winning Republican candidate. He wasn’t even convicted yet, merely accused. In 2020, after hundreds of mail-in ballots were discovered in a mailbox in Paterson, New Jersey, a judge ordered a new election in the city council race that was affected. Last year, in Surry County, North Carolina, a judge ordered a new election in the commissioners’ race over the mere action of a poll worker informing voters that one of the candidates was deceased. The courts in these cases did not set high bars for proof unlike Thompson. In Berlin, Germany this year, the court ordered a new election for the exact same reason Lake requested one, long lines due to logistical issues. There was no requirement of intent or showing that the problems affected the outcome. The left and its comrades in the MSM pretend that these cases don’t exist, and they pretend that there’s never been any evidence produced in the election lawsuits, when the reality is it’s a staggering amount, especially the witness testimony — one witness’s statements alone has been enough to send people to the death penalty.


quote:

Attorney Tom Renz analyzed the decision throwing out Arizona Secretary of State candidate Mark Finchem’s similar election lawsuit and came to a similar conclusion, calling the judge’s reasoning “absolute garbage.” Compounding the problem, hardly any attorneys dare speak up about this, since they risk being targeted and disbarred. So they’re not writing about it or going on talk shows, and the best of the bunch have already been targeted so they’ve either already been disbarred or have to lie low. Nor are they taking on representation, leaving candidates like Lake to rely upon non-election attorneys. When the Cochise County Supervisors gutsily called for a hand count, they could find no attorney who dared represent them. A friend described the situation, “We don't have a justice system and voting is becoming pointless. Only Democrat votes matter in our country now.” Voter fraud experts believe the Democrats started targeting states years ago, like Washington and California, then moved on to Colorado. Arizona, Georgia and Pennsylvania are their latest targets. They intend to move on to states like Florida next if not stopped. Voter disenfranchisement has become the most important issue facing Republicans today, and if not stopped, we will become a one-party nation.


https://townhall.com/columnists/rachelalexander/2022/12/26/the-dismissal-of-kari-lakes-election-lawsuit-shows-voter-disenfranchisement-no-longer-matters-n2617566
Posted by David_DJS
Member since Aug 2005
22765 posts
Posted on 12/26/22 at 12:57 pm to
Disappointing. I was hoping given her background and position on the matter, that she'd raise/discuss some actual evidence of voter disenfranchisement.
This post was edited on 12/26/22 at 12:58 pm
Posted by Fat Bastard
alter hunter
Member since Mar 2009
91113 posts
Posted on 12/26/22 at 1:05 pm to
quote:

that she'd raise/discuss some actual evidence of voter disenfranchisement.




NO NEED TO! MARICOPA IS THE GREATEST AT ELECTION INTEGRITY!

MUH NO FRAUD!!!
Posted by oklahogjr
Gold Membership
Member since Jan 2010
40237 posts
Posted on 12/26/22 at 1:17 pm to
quote:

Maricopa County Superior Court Judge Peter Thompson only gave her two days for a trial and issued his ruling immediately afterwards, even though he could have taken several days,

he heard the trial till Thursday, issued opinion Saturday. I have different definition of immediate...

Here's the law that they were saying allowed the challenge of elections for the printer issues.
quote:

Any elector of the state may contest the election of any person declared elected to a state office, or declared nominated to a state office at a primary election, or the declared result of an initiated or referred measure, or a proposal to amend the Constitution of Arizona, or other question or proposal submitted to vote of the people, upon any of the following grounds:

1. For misconduct on the part of election boards or any members thereof in any of the counties of the state, or on the part of any officer making or participating in a canvass for a state election.

2. That the person whose right to the office is contested was not at the time of the election eligible to the office.

3. That the person whose right is contested, or any person acting for him, has given to an elector, inspector, judge or clerk of election, a bribe or reward, or has offered such bribe or reward for the purpose of procuring his election, or has committed any other offense against the elective franchise.

4. On account of illegal votes.

5. That by reason of erroneous count of votes the person declared elected or the initiative or referred measure, or proposal to amend the constitution, or other question or proposal submitted, which has been declared carried, did not in fact receive the highest number of votes for the office or a sufficient number of votes to carry the measure, amendment, question or proposal.

No where does it mention anything about disenfranchised voters being a reason to challenge an election. I think that would be an interesting thing to try and legislate/enforce by the state. What is considered too long a wait to vote?

I think it's clear the judge allowed the printer arguments to be heard under point 1 of the law and then required part 5 to be true as well. 2, 3, and 4 don't really fit the evidence or arguments made here.
This post was edited on 12/26/22 at 1:18 pm
Posted by Fat Bastard
alter hunter
Member since Mar 2009
91113 posts
Posted on 12/26/22 at 1:19 pm to
and before you know it the usual suspects like oklafag and his minions will be pouring in here.
Posted by MFn GIMP
Member since Feb 2011
23008 posts
Posted on 12/26/22 at 1:21 pm to
The printer issue was the main thrust of Lake's argument but there was testimony about there being no chain of custody for election day votes and Runbeck employees inserting, at least, 50 votes into the count as a "perk" of the job. Seems to fit the "On account of illegal votes" clause.
Posted by loogaroo
Welsh
Member since Dec 2005
42442 posts
Posted on 12/26/22 at 1:21 pm to
Like moths to flame.

Posted by LSUbest
Coastal Plain
Member since Aug 2007
16486 posts
Posted on 12/26/22 at 1:22 pm to
quote:

Here's the law that they were saying allowed the challenge of elections


Ah yes the rules that they have no control over or responsibility for have bound their hands and feet so that they are powerless to administer justice.
Posted by MFn GIMP
Member since Feb 2011
23008 posts
Posted on 12/26/22 at 1:22 pm to
quote:

I think it's clear the judge allowed the printer arguments to be heard under point 1 of the law and then required part 5 to be true as well

Which would be a misreading of the law since it says "any of the following" requiring multiple of them to be met is wrong.
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
70335 posts
Posted on 12/26/22 at 1:32 pm to
quote:

No where does it mention anything about disenfranchised voters be


OK. But according to you

quote:

On account of illegal votes.



The defense admitted to 50 votes collected by 3rd party employees at the counting place. Those were illegal. The defense conceded that.
Posted by BigMob
Georgia
Member since Oct 2021
7625 posts
Posted on 12/26/22 at 1:35 pm to
Nearly the entire judiciary, university systems, and major news outlets are beholden to the DC establishment and this desired reset. We the people are powerless and trash in their eyes.
Posted by Bass Tiger
Member since Oct 2014
55757 posts
Posted on 12/26/22 at 1:42 pm to
Yeah, yeah, yeah….we America First patriots are tired of the constant affirmation, we know there’s significant election fraud across the nation and AZ is currently ground zero for the anti America First Forces….we need some real victories
Posted by Bulldogblitz
In my house
Member since Dec 2018
28161 posts
Posted on 12/26/22 at 1:44 pm to
quote:

day votes and Runbeck employees inserting, at least, 50 votes into the count as a "perk" of the job.


But if you don't name those 50, that means there is no evidence. Must actually name the names of those illegal votes and prove why they are illegal
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 12/26/22 at 1:46 pm to
quote:

Legal experts believe his decision was ghostwritten


"legal experts" - a handful of Lake supporters who happen to have a law degree.
This post was edited on 12/26/22 at 1:54 pm
Posted by Bulldogblitz
In my house
Member since Dec 2018
28161 posts
Posted on 12/26/22 at 1:46 pm to
If one straw black man cannot catch the bus to the dmv and might nor get an ID to vote....well....thats vast right wing attempts to suppress the black vote.
Posted by Wednesday
Member since Aug 2017
17300 posts
Posted on 12/26/22 at 1:55 pm to
I am not confident about her chances on appeal.

I don’t think that Mark Elias was emailing him what to say.

I do think the judge had decided what to do before the trial started and that was more apparent with the very quick turnaround on the opinion.

Her appealable issues will probably be the short time frame he gave her to present evidence; and legal errors in dismissing the 8 claims he dismissed.

Reading this article if this is a correct assessment of the law

quote:

the higher burden required by Thompson


Lake could appeal arguing that the Judge imposed a higher burden of proof than required by the statute. If so, the appeal court could conduct a de novo review of the record, including the utterly perjured testimony bu that Maricopa guy which makes me horrified
Posted by Fat Bastard
alter hunter
Member since Mar 2009
91113 posts
Posted on 12/26/22 at 1:58 pm to
trust me, if the GOP tried anything anywhere near what the dems pulled off in 2020 and now in AZ they would be tarred, feathered and sent to supermax prisons for life.

This country has turned into a banana republic fraud thanks to the commies here.
Posted by loogaroo
Welsh
Member since Dec 2005
42442 posts
Posted on 12/26/22 at 2:01 pm to
From my novice perspective it looks like Lake was set up. This trial was a show trial to shut us all up and allow the Mickey Goldmill types to gloat on Christmas Eve. I know people are tired of conspiracy theories and they don’t hold water, but this how I see it. It was chickenshit and kind of ghoulish.
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 12/26/22 at 2:04 pm to
quote:

The former Maricopa County Elections attorney Rachel Alexander weighs in.


Making a push for Giuliani Powell Alexander LLP.
Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 12/26/22 at 2:12 pm to
Welcome to the United Banana Republic of the Judiciary…where laws can be made up on the spot by partisan judges.
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