Judge dismisses Kari Lake’s election lawsuit

T. Belman. I saw this coming. The Judge held that Lake “failed to provide evidence of intentional misconduct”. But her expert witness was emphatic in saying it was intentional. Expert evidence is evidence.

TO MY MIND, THE JUDGE JUST DIDN’T WANT TO OVERTURN THE ELECTION.

Kari Lake, a Republican who was defeated by Katie Hobbs in the Arizona governor’s race, had made false election claims the centerpiece of her campaign.”

Alexandra Berzon and 

A state judge on Saturday rejected Kari Lake’s last-ditch effort to overturn her defeat in the Arizona governor’s race, dismissing for lack of evidence her last two claims of misconduct by Maricopa County election officials.

The ruling, after a two-day trial in Phoenix that ended Thursday, follows more than six weeks of claims by Ms. Lake, a Republican, that she was robbed of victory last month — assertions that echoed the false contention that was at the heart of her campaign: that an even larger theft had stolen the 2020 presidential election from Donald J. Trump.

Ms. Lake and her supporters conjured up what they called a deliberate effort by election officials in Maricopa County, the state’s largest county, to disenfranchise her voters. But they never provided evidence of such intentional malfeasance, nor even evidence that any voters had been disenfranchised.

In a 10-page ruling, Superior Court Judge Peter Thompson acknowledged “the anger and frustration of voters who were subjected to inconvenience and confusion at voter centers as technical problems arose” in this year’s election.

But he said his duty was “not solely to incline an ear to public outcry,” and noted that, in seeking to overturn Katie Hobbs’s victory by a 17,117-vote margin, Ms. Lake was pursuing a remedy that appeared unprecedented.

“A court setting such a margin aside, as far as the Court is able to determine, has never been done in the history of the United States,” Judge Thompson wrote.

He went on to rule flatly that Ms. Lake and the witnesses she called had failed to provide evidence of intentional misconduct that changed the election’s outcome.

“Plaintiff has no free-standing right to challenge election results based upon what Plaintiff believes — rightly or wrongly — went awry on Election Day,” the judge wrote. “She must, as a matter of law, prove a ground that the legislature has provided as a basis for challenging an election.”

Undaunted, Ms. Lake insisted her case had “provided the world with evidence that proves our elections are run outside of the law,” and said she would appeal “for the sake of restoring faith and honesty in our elections.”

Ms. Lake, a former Phoenix television news anchor, lost to Ms. Hobbs, a Democrat who is the Arizona secretary of state, and who rose to national prominence when she resisted efforts by Trump loyalists to overturn the vote in 2020.

December 25, 2022 | 5 Comments »

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  1. TO MY MIND, THE JUDGE JUST DIDN’T WANT TO OVERTURN THE ELECTION.

    Let’s re-phrase that, shall we: The Judge just didn’t want to see a Democratic governor unseated, particularly because of election fraud.

  2. Patrick Byrne discusses the testimony regarding the machines and the changed testimony on day 2:

    Discussion: Kari Lake’s Temporary Setback in Maricopa from Judge Peter Thompson
    20 min video

    This one lays it all bare, folks.

    In Maricopa on Election Day this year, in numerous polling locations across Maricopa, the print-on-demand printers were printing on the correct 20″ ballot paper, but taking the 20″ ballot image and shrinking it down to 19″ before printing. The difference is imperceptible to the human eye. However, when fed into a tabulator, the difference causes the ballot to be rejected, which lets the poll workers innocently and honestly say, “Something has gone wrong, the tabulators do not seem to be reading your ballot, just leave it in Drawer #3.”

    Kari Lake was given minimal access to materials to make her case. But among the things she was granted was the right to inspect 150 ballots. She was provided 113 ballots (not 150), from Polling Locations A, B, C, D, E, and F (let me call them). Of the 113 ballots, 48 of them had the 19″ misprint. That is 42.5%.

    On Day #1 of the trial, Maricopa was surprised with this. They did not know that we know (but we have spent two years sussing out their tricks). The Maricopa Election Goon testified that it did not happen and it could not happen.

    That evening, he and the Maricopa attorneys got together in MTEC (we know all this from friendly insiders) and discussed what to do. They (illegally?) took the 113 ballots that had been Kari Lake’s sample, examined them, and came up with a story.

    On Day #2 of the trial, the Maricopa Goon had a new story. The day before he denied knowing about this and said it was impossible, but on Day #2, he said that yes he knew all about it. The anomaly had in fact occurred in Polling Locations A, B, and C. It had happened there the last three elections. Maricopa discovered it on November 9 of this year and began a “root cause analysis” (the judge nodded at the official-sounding language).

    In his decision, the judge overlooked the preposterousness: the previous day the Maricopa Goon knew nothing about it, the next day he knows about it all in great detail, HAS known about it all, and in fact has been on top of it since November 11, but no note, email, or letter can support that. The judge not only overlooked the inconsistencies between the two days of testimony, he overlooked that the fake explanation has the anomaly occurring in A, B, and C only, when in fact Kari’s experts had gotten their samples from six polling locations (ABCDEF), and found it in all six.

    Fortunately, Kari Lake was able to get into the record in both cross-examination and summary these inconsistencies with the facts at hand. They will be part of the appeal, both to AZ Supreme Court and (if necessary) into the US federal judiciary.

  3. The judge showed his hand when he refused to allow the signature evidence, as it is the most obvious and certifiable evidence of fraud. He further maligned the AZ law and preferred a higher standard. Despite all of this, the burden was clearly met by the witnesses and there was NO CHAIN OF CUSTODY which renders the ballots INVALID!!

    This show trial was simply arranged to discredit Kari’s arguments, but for anyone who actually watched the trial, she easily proved her case, despite the prearranged verdict.

  4. The only open question is whether the voters will accept this lame excuse or whether there will be a wave of repulsion followed by activity.