CONFIRMED: Judge HALTS Erasure of Dominion Voting Machines
Sunday brought a whirlwind of confusion as U.S. District Judge Timothy Batten Sr. flip-flopped on an order to halt the reset and erasure on data of Dominion voting machines in Georgia.
Sunday brought a whirlwind of confusion as U.S. District Judge Timothy Batten Sr. flip-flopped on an order to halt the reset and erasure on data of Dominion voting machines in Georgia.
The order was issued in response to a case filed in federal court last week by Attorney Sidney Powell which requests emergency relief against allegations of election fraud in Georgia. Powell claims state officials took bribes as part of a conspiracy with Dominion Voting Systems to alter the outcome of the presidential election.
Early on Sunday, Judge Timothy C. Batten, Sr. had signed an order to halt the erasure and software reset of Dominion voting machines which had been ordered by Georgia Secretary of State Brad Raffensperger.
Raffensperger has received criticism because erasure of the data on the voting machines would destroy any potential evidence of fraud.
Almost immediately after the first order was signed, Judge Batten signed another order that superseded the first. The new order permitted the voting machines to be wiped and reset.
Raffensperger, along with four members of the Georgia Elections Board, had argued that the court did not have jurisdiction over the counties because they are not parties to the case. The defendants also argued that allowing experts working for plaintiffs to inspect the machines “would pose substantial security and proprietary/trade secret risks,” Batten’s order says.
In the second order, judge Batten wrote that he cannot order the preservation of information, or impound of the voting machines, because the equipment “is in the possession of county election officials. Any injunction the Court issues would extend only to Defendants and those within their control.”
Then, in a surprising twist late Sunday evening, Judge Batten issued a final third order which temporarily restrains the alteration, destruction, or erasure of software or data from Dominion machines in the counties of Cobb, Gwinnett, and Cherokee.
“Defendants are hereby enjoined and restrained from altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any Dominion voting machine in Cobb, Gwinnett, and Cherokee Counties.”
U.S. District Judge Timothy Batten Sr.
Judge Batten wrote that he had held the emergency hearing via Zoom Sunday night.
Judge Batten has agreed to receive a brief by Wednesday afternoon from Raffensperger and co-defendants which will detail the reasons why they oppose allowing Powell’s team to conduct “forensic inspections” of the machines in the three counties.
Also in the order, Batten has granted a request to order the defendants to “promptly” provide the challengers with a copy of the state’s contract with Dominion.
On Monday morning, Batten certified his temporary restraining order for appeal which means defendants in the case could appeal the order in 11th Circuit Court of Appeals.
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