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Kari Lake's election fraud case WILL go to trial--Hobbs attempt to stop trial fails

Valletta

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She tweeted this evening: 'Our Election Case is going to trial. Katie Hobbs attempt to have our case thrown out FAILED. She will have to take the stand & testify. Buckle up, America. This is far from over.'
 

The IbanezerScrooge

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On Monday evening, Maricopa County Judge Peter A. Thompson heard Lake's lawsuit for the first time, dismissing eight out of 10 claims in the 13-page filing.
That said, two claims that weren’t dismissed - counts two and four - which alleged machine tabulator issues led to her loss, as well as alleged omissions regarding the ballot chain of custody, practices election officials are tasked with following to track the custody and location of voting equipment.

So, the two things that require some actual evidence to be proven. I'll leave my seatbelt loose, but sure, let's see what happens.
 
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wing2000

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She tweeted this evening: 'Our Election Case is going to trial. Katie Hobbs attempt to have our case thrown out FAILED. She will have to take the stand & testify. Buckle up, America. This is far from over.'

2nd thread on the Lake lawsuit in less than a week....(but hey, I guess highlighting a Lake tweet in a new thread is more important for some folks)

In any case, Ms Lake will now have to prove two of the 10 claims are true....in a two day trial. This should be interesting to watch.....

Maricopa County Superior Court Judge Peter Thompson tossed eight of the claims in Lake's lawsuit, but allowed two to remain that alleged an intentional plot by officials to manipulate the elec tion in favor of Lake's Democratic opponent, Secretary of State Katie Hobbs. In two separate orders, he ruled that a two-day trial will take place before Jan. 2, and that Hobbs and County Recorder Stephen Richer would be required to testify as Lake wished.

Lake has "alleged intentional misconduct sufficient to affect the outcome of the election and thus has stated an issue of fact that requires going beyond the pleadings," the ruling stated. It continued that Lake must show at trial that the county's printer malfunctions were intentionally rigged to affect the election results, and that the actions "did actually affect the outcome."



69740001007
 
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Desk trauma

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On Monday evening, Maricopa County Judge Peter A. Thompson heard Lake's lawsuit for the first time, dismissing eight out of 10 claims in the 13-page filing.
That said, two claims that weren’t dismissed - counts two and four - which alleged machine tabulator issues led to her loss, as well as alleged omissions regarding the ballot chain of custody, practices election officials are tasked with following to track the custody and location of voting equipment.

So, the two things that require some actual evidence to be proven. I'll leave my seatbelt loose, but sure, let's see what happens.
Wonder how many disbarments this will result in.
 
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Valletta

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2nd thread on the Lake lawsuit in less than a week....(but hey, I guess highlighting a Lake tweet in a new thread is more important for some folks)

In any case, Ms Lake will now have to prove two of the 10 claims are true....in a two day trial. This should be interesting to watch.....

Maricopa County Superior Court Judge Peter Thompson tossed eight of the claims in Lake's lawsuit, but allowed two to remain that alleged an intentional plot by officials to manipulate the elec tion in favor of Lake's Democratic opponent, Secretary of State Katie Hobbs. In two separate orders, he ruled that a two-day trial will take place before Jan. 2, and that Hobbs and County Recorder Stephen Richer would be required to testify as Lake wished.

Lake has "alleged intentional misconduct sufficient to affect the outcome of the election and thus has stated an issue of fact that requires going beyond the pleadings," the ruling stated. It continued that Lake must show at trial that the county's printer malfunctions were intentionally rigged to affect the election results, and that the actions "did actually affect the outcome."



69740001007
Yes, it depends on enough whistleblowers coming forward, why so many machines failed, and an examination of a small number of ballots and ballot envelopes. She's going to have to prove that the numbers are big enough to have made a difference.
 
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wing2000

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From an attorney representing Maricopa County at Monday's hearing:

"Out of 220 witnesses offered by Lake's lawsuit, the county's motion to dismiss the case notes that only three of those were unable to cast a ballot after choosing not to wait in line or go elsewhere.

The voter declarations contain nothing that suggests any votes were counted unlawfully or any voters "were wrongfully turned away," Khanna said, adding that "at most, those declarations state a handful of voters chose not to vote using the means available to them on Election Day."

The key point in the case is that Arizona law requires a complaint to contain specific allegations of fraud, a standard developed to prevent unproven, "free-wheeling" speculations that unfairly hold up the democratic process, she said. The law requires "credible, positive, and unequivocal evidence" of perceived problems, with presumptions in favor of the election results, but Lake's lawsuit offers only insinuations, she said."

 
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Valletta

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From an attorney representing Maricopa County at Monday's hearing:

"Out of 220 witnesses offered by Lake's lawsuit, the county's motion to dismiss the case notes that only three of those were unable to cast a ballot after choosing not to wait in line or go elsewhere.

The voter declarations contain nothing that suggests any votes were counted unlawfully or any voters "were wrongfully turned away," Khanna said, adding that "at most, those declarations state a handful of voters chose not to vote using the means available to them on Election Day."

The key point in the case is that Arizona law requires a complaint to contain specific allegations of fraud, a standard developed to prevent unproven, "free-wheeling" speculations that unfairly hold up the democratic process, she said. The law requires "credible, positive, and unequivocal evidence" of perceived problems, with presumptions in favor of the election results, but Lake's lawsuit offers only insinuations, she said."

They lawsuit will focus on the malfunctioning machines and the lack of chain of custody for so many ballots.
 
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Desk trauma

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I am looking forward to see what Katie Hobbs has to say while under oath.
Yeah, about that:

Hobbs won't testify



Lake's attorneys Tuesday withdrew their request to subpoena Hobbs after Andrew Gaona, who represents Hobbs in her role as secretary of state, said there was no reason to let Lake call her as a witness now that the case has been narrowed to just two issues.
 
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essentialsaltes

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Yeah, about that:

I was wondering how that was going to go given the remaining issues.

From link in post #8

But [Lake] did state a valid claim in alleging that a county employee interfered illegally with the printers, "resulting in some number of lost votes" for Lake, and she's entitled to try to prove that, Thompson ruled.

Lake's Attorney: SOS Hobbs, did you direct a county employee to do that?

Secretary Hobbs: No.

Likewise, she made a specific allegation that an unknown number of ballots were added to the county's total by employees of Runbeck Election Services, a Phoenix company that provides election equipment for the county, and that receipts of delivery were not maintained in violation of state law. Thompson allowed that claim to proceed, too.

Lake's Attorney: SOS Hobbs, did you direct Runbeck or its employees to do that?

Secretary Hobbs: No.
 
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wing2000

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They lawsuit will focus on the malfunctioning machines and the lack of chain of custody for so many ballots.

Judge:
“Accordingly, Plaintiff must show at trial that the BOD printer malfunctions were intentional, and directed to affect the results of the election, and that such actions did actually affect the outcome.”
 
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Hans Blaster

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Judge:
“Accordingly, Plaintiff must show at trial that the BOD printer malfunctions were intentional, and directed to affect the results of the election, and that such actions did actually affect the outcome.”

This should be fun...
 
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Say it aint so

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Kari Lake addressing why her attorneys are quitting and is desperate to find more:

“And some of our attorneys said ‘look, I got mouths to feed, I can’t do this case, I don’t want to be sanctioned.’”
“I got to a point where I said ‘I’ll take anybody,’” she said to laughter. “We’ll take Better Call Saul to come in here.”
 
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Pommer

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Judge:
“Accordingly, Plaintiff must show at trial that the BOD printer malfunctions were intentional, and directed to affect the results of the election, and that such actions did actually affect the outcome.”
Like using fettuccine to pole-vault, proving these.
 
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