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.
More and More Republican Officials Are Standing Up to Trump and His Effort to Overturn the Election | Richard L. Hasen/Slate
On Monday, Arizona Gov. Doug Ducey added his name to the list of Republican officials who have acted admirably to uphold the rule of law following President Donald Trump’s unprecedented attacks on the election, appearing to ignore a phone call from the White House while certifying his state’s critical 11 Electoral College votes for President-elect Joe Biden. Along with a number of Federalist Society-aligned judges, other GOP governors, and lower-ranking Republican election officials, Ducey and others have earned this praise in the wake of Trump’s ongoing—and ultimately futile—effort to overturn the 2020 election. We can thank principled people on the right for helping to assure that we will have a peaceful transition of power between Trump and Biden. And given the extremely dangerous rhetoric still coming from some high-profile Trump supporters—including suggestions that the president declare martial law, call off elections, or have former government officials who have vouched for the election’s integrity shot—those with progressive politics and democratic ideals need the continued support of ideological adversaries who are similarly committed to the rule of law. The last few months have been surreal for those of us in the business of analyzing American election law and explaining it to the public. Never before have we had a president or presidential candidate who has consistently made false and outrageous claims of vote rigging and election fraud. Trump’s false claims did not stop after it became apparent that Joe Biden had rather comfortably won election in the Electoral College by a 306–232 margin (and with at least a 6 million popular vote margin). They did not stop when Trump lost almost every single one of his election-related lawsuits around the country. And they likely won’t stop when Trump leaves office in January. Trump has convinced millions of his most ardent supporters that the election was stolen, and this will help to delegitimize the Biden presidency in their eyes. Although Trump’s attempts to overturn the election have been sometimes comically bad and based upon either unproven claims of fraud and irregularities or outlandish legal theories, the reason that these outrageous claims did not work is that most people across the political spectrum who play a role in the counting of ballots and in certifying the results have complied with the rule of law.
Full Article: The Republican officials who have gone against Trump.
