GEORGIA: POWELL SAID HER COMPLAINT WOULD BE EPIC, AND IT CERTAINLY WAS THAT.
Julio Gonzalez, M.D., J.D.
Just before midnight Wednesday, Sidney Powell released the complaint on behalf of her plaintiffs against the State of Georgia. The complaint alleges the irreparable corruption of the Georgia election process due to massive voter fraud that would nullify its certifications. Thefederalistpages.com has obtained the complaint and republished it for your convenience as a pdf. What follows is a summary of the most salient points and my assessment regarding the validity of the complaint. Also for your convenience, where applicable, I have cited the paragraph number from which the information was obtained.
Concurrent to this complaint, Ms. Powell also filed a complaint in Michigan. A similar analysis is provided.
The Georgia Complaint:
1. The State of Georgia illegally changed the manner in which absentee ballots were processed. On March 6, 2020, the Georgia Secretary of State Brad Raffensberger and the Georgia Board of Elections ("BOE") entered into a settlement agreement with the Democratic Party regarding the processing of absentee ballots that is contrary to the manner in which such ballots ought be handled as a matter of law. Among other provisions, the agreement changed the signature requirement in the absentee ballots, bypassing the enforcement of signatures as prescribed by Georgia law. Specifically, an affiant testified that the signatures were not being verified and that no corresponding envelopes were being identified. ¶ 57. These actions would nullify the counting of mail-in ballots handled in such an illegal manner. Allowing these ballots to stand would allow thousands of ballots to count without certification or verification of their authenticity.
2. The State of Georgia engaged in unlawfully opening and early processing of absentee ballots when state law requires these take place on the day of the election. The BOE authorized absentee envelopes to be opened beginning three weeks prior to the election when the law prohibits the opening of absentee ballots until election day. "There is no reconciling this conflict;" ¶ 62; because the early opening of the ballots and the discarding of the envelopes in which they were submitted irreversibly taints the authenticity of the ballots. In other words, once the envelopes are separated from the ballots, there is no way to ascertain the veracity of the ballots. Moreover, because the ballots were allowed to sit for three days, the comingling of real ballots with illegal ones, or the discarding of ballots favoring one candidate over another cannot be controlled. Because the BOE broke the law and allowed the mail-in ballots to be irretrievably tainted, they must be discounted.
3. The State of Georgia engaged in unlawful audit procedures. In Democratic-majority counties no meaningful access or actual opportunity to review and assess the validity of mail-in ballots was afforded to the Trump Campaign contrary to Georgia State law. ¶ 67. Thus, "[t]here was no way to tell if any counting was accurate or if the activity was proper." ¶ 71. Thus, a number of problematic ballots were allowed to count and a number of Biden votes were double-counted. ¶ 75. Once again the massive corruption of this process makes the authenticity of the mail-in ballots unverifiable and must therefore be discounted.
4. There is a pattern showing the absence of a mere mistake, indicating fraud.
A. Physical pattern:
1. The occurrences indicating more than a mere absence of a mistake include a) the failure to seal or lock voting machines when they were received; b) the placement of Trump ballots in Biden piles (and only the placement of Trump votes in the Biden pile) and then having those Trump votes counted as Biden votes; and c) the open hostility demonstrated to Republican observers and not towards Democrat observers, among others.
2. Ballot canvassing was interrupted at 7 pm because of a water-pipe-burst. The counting stopped until about 9:30 am the next day, but there was no water burst. ¶ 119. During this time, some election workers remained behind with the ballots. ¶ 120. Unsupervised counting appeared to have occurred as early as 830 am.
3. There is a 95% likelihood that between 31,599 and 38,886 votes were lost, exceeding the margin of votes between the candidates. ¶ 122(a).
4. Tens of thousand of votes were received that were never requested, exceeding the margin of votes between the candidates. ¶ 122(b).
5. There is clear evidence that 20,311 absentee or early votes in Georgia were cast by persons residing elsewhere. This exceeds the margin between the candidates. ¶ 122(d).
B. Software Pattern:
This pattern "renders the certification of the legal vote untenable and warrants immediate impoundment of voting machines and software used throughout Georgia for expert inspection and retrieval of the software." ¶ 92. The international participation of the Smartmatic and Dominion software plus bipartisan security concerns regarding the software preceding the election makes the possibility of massive fraud real. ¶¶ 92-115.
Expert analysis undertaken by Dr. William M Briggs shows the scope of the physical ballot defects alone to vastly exceed the margin of victory. ¶ 124. See¶ 122(d)-123; ¶ 126. Further, another expert, Russell Ramsland, concludes that al least 96,600 mail-in ballots were illegally counted. ¶ 130
Plaintiffs seek declaratory and injunctive relief holding that the election, under these circumstances, was improperly certified and that the Governor be enjoined from transmitting Georgia’s certified Presidential election results to the Electoral College. Georgia law forbids certifying a tally that includes any ballots that were not legally cast, or that were switched from Trump to Biden, through the unlawful use of Dominion Democracy Suite software and devices.
Alternatively, Plaintiffs seek declaratory and injunctive relief holding that the election, under these circumstances, was improperly certified and that the Governor be required to recertify the results declaring that Donald Trump has won the election and transmitting Georgia’s certified Presidential election result in favor of President Trump. ¶¶ 164-165
The plaintiffs also seek an emergency order decertifying the results of the General Election as well as one requiring the impounding of evidence material to the case including, but not limited to, any video evidence and the seizing of the voting machines to be made subject to a forensic audit.
The Validity of the Case.
Sidney Powell said her lawsuit in Georgia would be epic, and she was certainly correct in that assessment. Bearing in mind that we do not yet have access to the affidavits that she cites (their publication is imminent), if these allegations are correct, it would certainly warrant the relief that she seeks.
Admittedly, at this point, there is insufficient direct evidence to support a cause of action as it relates to the software concerns Ms. Powell raises on behalf of her clients in the State of Georgia, but that is not to say that through discovery and forensic analysis that such evidence would not appear. Thus, it is reasonable for the court to grant such investigations to see if the metadata supports the allegations. The question about the integrity of the software is a matter of critical importance to our election system and the security of the United States, and thus must be allowed to proceed. These considerations do not even touch upon the two Senate seats that hang in the balance in this state.
However, for the purposes of stopping the fraud the plaintiffs allege, it is the physical evidence that is most compelling. Even more damning is the overlay with Georgia law requiring that all affected ballots be discarded. Should this be undertaken as a remedy, then there is little question that President Trump handily won the Georgia election and that its delegates would go to him. Notice that the words "overturning the election" are not used here. That's because, if Ms. Powell is correct, President Trump won, and the Georgia election should have rightfully gone to him from the beginning.
Again, the only question that remains is whether the courts will be motivated to carry out the corrective actions Ms. Powell seeks and that flow naturally from the evidence she has already accumulated.
Dr. Julio Gonzalez is an orthopaedic surgeon and lawyer living in Venice, Florida. He served in the Florida House of Representatives. He is the author of numerous books including The Federalist Pages, The Case for Free Market Healthcare, and Coronalessons. He is available for appearances and book signings, and can be reached through www.thefederalistpages.com.
Dr. Julio Gonzalez is an orthopedic surgeon living in Florida. He is a lawyer, author, and former member of the Florida House of Representatives. He is available for speaking engagements at firstname.lastname@example.org