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Sidney Powell and Lin Wood File Midnight Brief Asking Appeals Court to Decertify Presidential Election


Attorneys Sidney Powell, Lin Wood and their co-counsel submitted a brief with the U.S. Court of Appeals for the Eleventh Circuit at 11:58 p.m. on Wednesday, asking the court to issue a temporary injunctive order to decertify the presidential election, and order Republican Georgia defendants Gov. Brian Kemp and Secretary of State Brad Raffensperger to “preserve all data on the Dominion System” so “Republican Electors can audit the Dominion System” in 10 counties.

The Eleventh Circuit said that this filing was due by midnight. Briefs by the state are due by midnight Friday, and any reply brief by Powell et al. is due by midnight Sunday.

The state has argued that Powell is “security risk” who should “not get the keys to the software kingdom.” Defendants also said Powell and Wood are relying on “innuendo and accusation,” rather than “facts and law.”

The Powell brief repeated allegations of widespread fraud orchestrated by Iran and China:

Plaintiffs filed their complaint and 28 exhibits on November 25, 2020. Plaintiffs alleged that the Dominion election system was vulnerable to hacking and malware, and that the election results presented mathematical and statistical anomalies bordering on the impossible. Plaintiffs supported these allegations with substantial affidavits and declarations of experts, including two cyber security experts’ declarations, the “Spider” Affidavit (Doc. 01-9) and the Ramsland Declaration (Doc. 01-10). The Spider Affidavit, filed with the affiant’s name redacted due to existing threats to his life from his professional work, and concern about his safety from giving this testimony, see Doc. 5, presents a truly alarming picture of Iran and China having completely penetrated Dominion’s networks.

As recently as Tuesday, Attorney General Bill Barr said federal agencies have looked into claims that voting machines were rigged to manipulate the election results. Barr, one of Trump’s most loyal cabinet members, said he has not seen evidence of that.

“There’s been one assertion that would be systemic fraud and that would be the claim that machines were programmed essentially to skew the election results. And the DHS and DOJ have looked into that, and so far, we haven’t seen anything to substantiate that,” Barr said.

The Powell brief also admitted that “appellate jurisdiction” to deliver the order she is seeking “does not ordinarily exist.”

Powell claimed at the district court level that Dominion was “founded by foreign oligarchs and dictators to ensure computerized ballot-stuffing and vote manipulation to whatever level was needed to make certain Venezuelan dictator Hugo Chavez never lost another election.” She said the defendants, both Republicans, “rushed through the purchase of Dominion voting machines and software in 2019 for the 2020 Presidential Election.” The lawsuit included an altered version of Secretary Raffensperger’s certification of Dominion voting machines, declaring that the certificate was “undated.” It was only undated because the plaintiffs cropped out the date.

The district judge temporarily enjoined defendants from “altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any Dominion voting machine” Cobb, Gwinnett, and Cherokee Counties. Powell et al. seek much more than that.

The appellate filing came hours after Powell and Wood told supporters of President Donald Trump at a so-called “Stop the Steal” rally not to vote in the upcoming Kelly Loeffler-Rev. Raphael Warnock and David PerdueJon Ossoff runoff elections—which will determine the balance of power in the U.S. Senate. They told the MAGA audience that the security of the election can’t be trusted. Newt Gingrich did not like this, despite circulating Wood’s plans as recently as Sunday.

Now Breitbart is saying Wood, an attorney for Kyle Rittenhouse, is not to be trusted.

Read the filing below:

Aaron Keller contributed to this report.

[Image via YouTube screengrab]

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Matt Naham is the Senior A.M. Editor of Law&Crime.