Late last night Sidney Powell released the long-awaited lawsuits in Georgia and Michigan releasing what she has referred to in interviews and press conferences as “The Kraken” — the evidence of widespread voting fraud in favor of Joe Biden.

The tweet announcing the filing no longer is available on Twitter (archive).

https://web.archive.org/web/20201126050620/https://twitter.com/sidneypowell1/status/1331826386449915904

Twitter has placed “safety” warnings on links to the documents at Powell’s website.

I’ve never seen this done by Twitter before. It’s a reflection of Twitter’s attempt to silence viewpoints regarding the election it doesn’t like.

You can view the complaints via Powell’s website: Georgia and Michigan. Here is the full Michigan complaint with Exhibits, which I downloaded from PACER. I could not find the Georgia case in PACER yet.

Powell has not released a motion for injunction or other emergency applications. So it’s not clear what the next procedural step is beyond filing a complaint.

Yes, there is a massive typo in the court name, and as the media is harping on, elsewhere. Yes, there shouldn’t be typos, but that’s what happens when you are rushing. And the worst typos usually are in the most obvious places, the places your eyes glance over, like the caption or the spelling of your own name.

I’m not going to try to excerpt the Complaints, and they are too long and detailed for me to properly analyze in so short a period of time. You can read them, and I will add “updates” as I better understand them. The big picture is – does Powell really have The Kraken and what would a court do about it.

As to the first question, attorney Harmeet Dillon has this analysis of the Georgia case, which concludes that there are numerous specific examples of voting fraud alleged, but that the proof of the allegations remains to be seen.

There are troubling details related to the stopping of counting based upon an alleged burst pipe, with the counting resuming after Republican monitors had left.

There are many procedural questions, such as whether the named plaintiff have “standing” to sue. One of the named plaintiffs in the Georgia suit apparently is asserting he never gave final approval to be named.

Specifically on the software issue, it’s not yet clear to me whether Powell has moved from what might have happened to proof it actually did happen.

The even more important question is, what does Powell expect a court to do? Will a Court really overturn an entire state election result? Again, I need to understand the evidence better, but at first glance I’m holding by my original analysis just after the election,  You are not alone, you have over 70 million friends:

So it’s not over, but we have to be honest with ourselves that it remains a longshot. Trump needs hard evidence of major fraud, miscount, or computer malfunction to prevail in court. A specific category of ballot that was not legally cast is going to have to be identified, and it’s going to have to be in a sufficient quantity to make a difference.

UPDATE (1:35 p.m.):

I’ve now had a chance to read through the entire Georgia complaint. The allegations demonstrate an unreliable election took place in which numerous safeguards were removed and/or ignored and/or violated through open connivance and deception.

What is lacking is the who/what/when/where that would show (1) a clearly identifiable group of ballots for Biden that were unlawfully counted, or for Trump that were not counted, as opposed to some unspecified number anecdotally demonstrated through affidavits, and (2) the software actually was manipulated in this instance, as opposed to being vulnerable to manipulation. That is not something Powell could know without an inspection of the computer systems, though there is circumstantial evidence of anomolies.

In a normal case, this pleading would be enough to get into the discovery phase, at which point documents and systems could be inspected, and more testimony taken. The problem here is that we have a short deadline until the electoral college process kicks in, and there’s not enough time. This election may have been stolen, but it was stolen months ago when Democrats weakened the type of control mechanisms that would give certainty, and on election night and thereafter when Democrats concealed what they were doing from Republican view.

Democrats had zero evidence that the 2016 election was stolen by the Russians, but kept up the claim of illegitimacy against Trump for 4 years. This time there is a lot of evidence that the 2020 election was suspect, but likely not enough evidence to get a court to throw the whole thing out and to reject certification.

This allegation in paragraph 121 appears correct in its description of the unreliability of the election, but it is unlikely that the request for relief it seeks will be granted:

While the bedrock of American elections has been transparency, almost every crucial aspect of Georgia’s November 3, 2020, General Election was shrouded in secrecy, rife with “errors,” and permeated with anomalies so egregious as to render the results incapable of certification.

The other thing worth noting is that much of the mockery of Powell has been undeserved. She has evidence, a lot of evidence, that this was a severely problematic election. If she had months or years to pursue this through the normal litigation methods, maybe she would prove that what was possible actually happened. Her biggest enemy at this point is the calendar.

 

 
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