Georgia Judge Rescinds Order! Permits Destruction of Evidence

Breaking: Immediately after Georgia Judge Timothy C. Batten, Sr. had issued an order on Sunday to halt the memory wiping and software reset of Dominion voting machines, he rescinded it and issued a new order.

Georgia Judge Rescinds Order! Permits Destruction of Evidence

Breaking: Immediately after Georgia Judge Timothy C. Batten, Sr. had issued an order on Sunday to halt the memory wiping and software reset of Dominion voting machines, he rescinded it and issued a new order.

The new order will permit the destruction of evidence which plaintiffs sought to preserve.

The order comes after an emergency motion sought relief of, among other things, “an emergency declaratory judgement that voting machines be seized and impounded immediately for a forensic audit by plantiff’s experts.

In the new order issued by judge Batten, he states 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.”

Plaintiffs seek a temporary restraining order to impound and preserve the voting machines in the State of Georgia, and to prevent any wiping of data. However, Plaintiffs’ request fails because the voting equipment that they seek to impound is in the possession of county election officials. Any injunction the Court issues would extend only to Defendants and those within their control, and Plaintiffs have not demonstrated that county election officials are within Defendants’ control. Defendants cannot serve as a proxy for local election officials against whom the relief should be sought.

Attorney Lin Wood stated that Georgia officials were performing a software update and “scrubbing the machines” ahead of the pending litigation.

The new order can be read here. Check back for continuing updates.

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