A judge handling an election-fraud lawsuit brought by allies of President Donald Trump said the case was backed by “precious little proof,” but went on to issue a restraining order aimed at blocking three Georgia counties from making any changes to their voting machines as he considers whether to permit a forensic examination of those systems, according to court records. U.S. District Court Judge Timothy Batten Sr. made the comments during an hour-long Sunday night court hearing on a lawsuit filed last week by Sidney Powell, a firebrand attorney who briefly joined Trump’s legal team in recent weeks before being dismissed from it. The hearing was held via Zoom and not announced in advance on the court’s docket or accessible to the press or public, but it was transcribed by a court reporter who provided the transcript to POLITICO on Monday evening. The transcript shows that Batten repeatedly wavered on whether to grant any relief to the Republican plaintiffs in the case, before settling on the narrow relief limited to three counties. Powell and her colleagues initially wanted all voting machines in the state impounded pending further court action, but the state’s lawyers said that would present a slew of problems, including preventing some local elections set for this week and potentially interfering with the pair of U.S. Senate runoff elections set for Jan. 5. “What the plaintiffs are seeking is basically going to take certain voting equipment out of the equation for the election scheduled to take place this Tuesday, as well as the election scheduled to take place on January 5th, because plaintiffs are wanting us to hold and basically mothball and preserve these machines at the county level — not in our possession, not in our custody and control,” Assistant Attorney General Russ Willard Sr. told Batten.
Wisconsin: Timing Key In Arguments Against Trump’s State Election Lawsuit | Shawn Johnson/Wisconsin Public Radio
Democrats fighting the Trump campaign’s efforts to overturn Wisconsin’s election results called the lawsuit “an affront to the voters of Dane and Milwaukee Counties” and a “shocking and outrageous assault on democracy” in briefs filed Tuesday with the state Supreme Court. But the heart of their case could rest on a much simpler argument: The president’s lawsuit was filed in the wrong place, and at the wrong time. The Trump campaign seeks to throw out more than 220,000 absentee ballots cast in Dane and Milwaukee counties, including more than 170,000 ballots that were cast in person before Election Day. Clerks who accepted those ballots relied on guidance handed down by the Wisconsin Elections Commission, some of which had been in place since 2011. In a brief filed on behalf of Gov. Tony Evers, attorney Jeff Mandell argued that the time to challenge those guidelines was before the election, not after. “President Trump chose to lie in the weeds for months nursing unasserted grievances with WEC, county, and municipal policies, and even a decision of this Court, only to spring out after the election and invoke those grievances in an effort to nullify the exercise of the right to vote by more than 200,000 Wisconsinite(s) who cast their ballots in good faith,” Mandell wrote. ” Nothing could be more damaging to the exercise of a critical constitutional right than retroactively nullifying that right entirely.”
Full Article: Timing Key In Arguments Against Trump’s State Election Lawsuit | Wisconsin Public Radio
