Lawyer Sidney Powell filed two substantive lawsuits on Thursday in Georgia and Michigan. Both lawsuits allege constitutional violations, statistical anomalies and impossibilities, and fraudulent behavior on the part of election officials. The allegations are backed by expert testimonies and signed affidavits from citizen witnesses. (Stay tuned for a closer look at Michigan.)
In the Georgia civil lawsuit, C.J. Pearson v. Kemp, Republican Governor Brian Kemp and Secretary of State and Chair of the Georgia State Election Board Brad Raffensberger are named in addition to others. The lawsuit claims to "bring to light a massive election fraud, multiple violations of Georgia laws . . . and multiple Constitutional violations, as shown by fact witnesses to specific incidents, multiple expert witnesses and the sheer mathematical impossibilities found in the Georgia 2020 General Election." It also alleges in a footnote that the "same pattern of election fraud and voter fraud writ large occurred in all the swing states with only minor variations." The suit only needs to prove there were enough irregular ballots to place the results in doubt and could set in motion similar filings of election fraud in other states.
The 104-page lawsuit asserts that “the scheme and artifice to defraud was for the purpose of illegally and fraudulently manipulating the vote count to make certain the election of Joe Biden as President of the United States." It also argues in favor of setting aside the state elections for both the presidential and congressional races. Biden only won by 12,670 votes or .25 percent, according to certified results as of Friday.
Dominion voting systems hardware and software
The overarching argument for cyber fraud alleges that the Dominion machines and related software are designed in some measure to rig elections. "A core requirement of the Smartmatic software design was the software’s ability to hide its manipulation of votes from any audit," the suit alleges. This may have allowed various election officials and foreign actors, like China and Iran, to effectively drag and drop votes to the preferred candidate with the use of multiple USB drives. The suit cites a "redacted witness affiant," a former electronic intelligence analyst from the 305th Military Intelligence Battalion, who testified that the Dominion hardware and its software, known as SmartMatic, were used in the 2006 Venezuelan election to "make certain Venezuelan dictator Hugo Chavez never lost another election. Additionally, "by using servers and employees connected with rogue actors and hostile foreign influences combined with numerous easily discoverable leaked credentials, Dominion neglectfully allowed foreign adversaries to access data and intentionally provided access to their infrastructure in order to monitor and manipulate elections, including the most recent one in 2020.”
The machines were connected to the internet, allowing "virtual ballot-stuffing" by domestic and foreign actors. The software is also designed to ensure that "a simple audit [will not] reveal its misallocation, redistribution, or deletion of votes," thus subverting "the will of the people." The irregularities can be proven in court with mathematical and statistical evidence. In addition, retention and preservation of records and papers by officers of elections are required, but in the 2020 Georgia election, such records were not preserved. The filing also alleges that there was "incontrovertible evidence" that the security of the machines was breached.
Kemp and Raffenberger "rushed through the purchase" of Dominion machines in 2019 for the 2020 election, and allegedly ignored a significant study of the hardware and software in Texas by election security expert Russell Ramsland, who works with Allied Securities Operations Group (ASOG ), which led the Texas State Board of Elections to reject use of Dominion in 2018.
Ramsland said that the Georgia Board of Elections records demonstrate "that at least 96,600 absentee ballots were requested and counted but were never recorded as being returned to county election boards by the voter." The lawsuit, therefore, argues that the 96,600 votes should be disregarded for being counted illegally. An interview with "America, Can We Talk" podcast host Debbie Georgatos on Nov. 24 lays out some of Ramsland's findings.
Constitutional and statutory grounds to set aside election results
The Dominion machines are only part of the story, however. The lawsuit also states that "there are sufficient Constitutional grounds to set aside the election results due to the Defendants’ failure to observe statutory requirements for the processing and counting of absentee ballots which led to the tabulation of more than fifty thousand illegal ballots."
Some of those failures have now been validated by Executive Director of Look Ahead America, Matt Braynard, who in conjunction with expert statistician, William M. Briggs, Ph.D., provided remarkable "concrete findings" based on "a statistically significant sample of fraud" related to mass mail-in ballots and absentee ballots. Braynard and his team collected statistically significant evidence by speaking to more than one million actual voters to verify their ballots. Braynard discussed his Voter Integrity Project (VIP) in a Nov. 24 YouTube video. He explained that he did not query party affiliation in 34 out of his 35 experiments in significant swing states (Georgia, Pennsylvania, Wisconsin, Michigan, and Arizona) because he wanted his methodology to be as neutral as possible. His signed affidavits and the data will go into legal filings in five states, including Powell's.
A brief summary of his findings:
- The total number of mailed-in ballots that were never counted have a 95 percent likelihood of falling between 31,559 and 38,886 total lost votes, thus exceeding the margin of loss for President Trump of 12,670 votes by at least 18,889 lost votes and by as many as 26,196 lost votes.
- Based on his sample, between 16,938 and 22,771 Republican voters received absentee ballots they didn’t request. Those would, therefore, be unlawful absentee requests. This range exceeds the margin of loss for President Trump by 12,670 votes by at least 4,268 unlawful requests and by as many as 10,101 unlawful requests.
- There is clear evidence that 20,311 absentee or early voters in Georgia voted there despite being registered in another state. This was cross-referenced with the National Change of Address Database (NCOA) by Braynard's team. The 20,311 votes by persons documented as having moved exceeds Trump's margin of loss by 7,641 votes. Braynard possesses lists of people who voted in two states.
- There is evidence of voters having registered residential addresses at Georgia postal facilities—fraudulent residence addresses, including shopping centers, mail drop stores, and other non-residential facilities. His team found evidence that the mail-in ballot system "fundamentally failed to provide a fair voting mechanism."
In addition to Braynard's findings, there were many firsthand witness reports of election fraud. These included but were not limited to:
- Signatures that were not verified during the recount on mail-in ballots.
- Stacks of ballots that were 100 percent cast for Biden.
- Watermarks on some ballots that were not transparent leading the witness to believe they were counterfeit.
- Allegations that Gov. Kemp illegally authorized election officials to open outer envelopes of absentee ballots three weeks before the election when Georgia law clearly prohibits opening absentee ballots prior to election day.
- Democrat-majority counties providing political parties and candidates, including the Trump Campaign, "no meaningful access or actual opportunity to review and assess the validity of mail-in ballots during the pre-canvassing meetings.” These allegations are based on multiple firsthand observers of the recount.
- Many voters being unable to cancel their mail-in vote in order to vote in person.
- A Project Veritas exposé showing video evidence of recount auditors calling votes for Biden that were actually for President Trump.
The Georgia lawsuit requested emergency relief in 14 areas. Some of the requested relief orders:
- Direct Governor Kemp, Secretary Raffensperger, and the Georgia State Board of Elections to de-certify the election results.
- Enjoin Governor Kemp from transmitting the currently certified election results to the Electoral College.
- Require Governor Kemp to transmit certified election results that state President Donald Trump is the winner of the election.
- Require Governor Kemp to transmit certified election results that state President Donald Trump is the winner of the election.
- Require that no votes received or tabulated by machines that were not certified as required by federal and state law be counted.
Some remedies that were suggested in the lawsuit included the elimination of all mail-in ballots from the vote count, disqualification of electors from Georgia in the nationwide electoral college count, or direction of the electors to vote for President Donald J. Trump.
If denied, the lawsuit will move to the federal appeals court. It may ultimately end up in the Supreme Court due to the extraordinary circumstances of the 2020 election.
