Michael Daugherty's Georgia Senate runoff lawsuit was dismissed because of procedural violations by Judge Amero in Henry County Superior Court on Monday. On Twitter, Daugherty disagreed, declaring that the dismissal was so fast it was appalling.
The full hearing can be watched here:
During his Monday appearance on the John Frederick's show, Daugherty stated that the procedural dismissal resulted from the "judiciary using an excuse to get rid of this stuff. They are using an argument called The Doctrine of Laches, meaning we didn't file in time." However, as Daugherty explained, "with election law, you are supposed to file within five days of the election"—the statutory time period. He says he filed properly.
UncoverDC reported the planning and care Daugherty used to file his Senate runoff case:
“As we have witnessed, election law is very difficult to adjudicate and enforce around the country. You essentially have days, not weeks, not months, to bring your case, and I think that’s because the judiciary does not want everyone suing the heck out of each other. Still then, [who’s ever] elected ends up having their time all in court fighting frivolous litigation lawsuits…we had the luxury of the runoff because…essentially you have five days from when it’s certified [to file].”
A deeper dive focusing on Daugherty's lawsuit is featured in a May 13 UncoverDC story.
Despite the attempts to request the removal of Perkins Coie from the case because of sanctions on the firm, the attorneys were allowed to stay and argue their side. Perkins Coie, on Monday, argued that Daugherty was really "factually talking" about the November election and, since he didn't file 5 days from that election, it was too late. They argued, therefore, that the general election and the run-off are two separate elections. However, Daugherty's attorneys argued that Georgia law sees the General Election and the runoff as one and the same, so Daugherty's filing was correct.
It appears that Daugherty's lawyers may be correct. The following Georgia Law, 2019 Georgia Code Title 21-§ 21-2-501, speaks to the very issue of whether a primary, general election, and run-off in the same election cycle are separate or continuations of one another.
GA Code § 21-2-501 (2019)
According to Daugherty, Judge Amero agreed with Perkins Coie and swiftly dismissed the case. Daugherty said he sat there in shock. The judge declared that the matter being presented is "barred by the equitable Doctrine of Laches."
Daugherty now plans to take the case to the Georgia Supreme Court. He said the appellate process would allow him to argue his case with "specificity." Daugherty added he has been in court many times in his life and explained that he "can see what judges do when they don't want cases."
He described to Fredericks his experience with the judicial system over the years:
"The long slog up justice mountain because mid-mountain, a lot of people fall off because they can't afford it...you don't get your day in court because they weigh you out, break you down, or break your bank account. This is what happens when you have DNC funded, mega organizations like Perkins Coie that is just running you through slow, expensive court process."
UncoverDC spoke with Daugherty on the phone on Wednesday. He is very disappointed with what he is witnessing concerning the courts and election cases, not just for him but for all Americans:
"If United States Judiciary continues to indicate to the public that they don’t want to hear these cases, they will be sending a signal to election fraudsters that laws will not be enforced. Cases are not getting tossed out on merit but based on technicalities and standing. This, while the RNC uses this crisis to fundraise yet, stands around doing nothing, letting Trump die on [the] vine because they don’t like him. The Republican establishment is also standing by while lawyers bringing these cases get punished. It’s outrageous behavior. This should not be political; it's about election transparency and confidence in the system."
Daugherty added, "The Democrats are silent right now because they are happy with the result. But in the past decade, they were constantly suing over election issues in Georgia."
"I founded The Justice Society (TheJusticeSociety.com) to teach Americans how to fight. We are fundraising for this case to appeal to the Georgia Supreme Court. This is as much an educational process for the public as it is a case to win. People should not give up. The Justice Society needs support now so that we can continue to 'Train more Davids to beat Goliaths' and to fight for what is right."
