Why Did a Georgia Judge Reverse an Order to Impound and Preserve Voting Machines?

The suit named the wrong defendants.

By
3

A viral Instagram post from right-wing commentator David Harris, Jr. claimed that a Georgia judge reversing his order for the state of Georgia to “impound and preserve the voting machines in the State of Georgia, and to prevent any wiping of data” is evidence that “SOMEONE HAS THE JUDGES IN THEIR BACK POCKET!”

https://www.instagram.com/p/CIMY0-LH9do

U.S. District Court Judge Timothy Batten heard a civil suit brought by pro-Trump activists against several Georgia officials, including Gov. Brian Kemp and Secretary of State Brad Raffensperger. The plaintiffs requested, among other things, that the results of the election be decertified and that Georgia instead certify President Donald Trump as the winner. The plaintiffs also sought a temporary restraining order to “preserve the voting machines in the State of Georgia, and to prevent any wiping of their data.” Batten granted this final request and issued an order stating that the defendants “are temporarily enjoined from wiping or resetting any voting machines.”

Keep reading with a free account
Create a free Dispatch account to keep reading Get Started ALREADY HAVE AN ACCOUNT? SIGN IN
3
By
Comments (3)
Join The Dispatch to participate in the comments.
 
  1. Nathan

    Seems like the judge should have caught this prior?

    Collapse
    1. Avatar photo
      Farhall

      The schedule was fairly rushed, so mistakes happen. It's better that the mistakes are caught and corrected rather than left to simmer.

      It is worth noting that the same case later on the same day added the following:

      "Plaintiffs’ counsel responded that Plaintiffs could amend
      their complaint to add the elections officials in Cobb, Gwinnett, and
      Cherokee Counties, thus obviating the issue of whether the proper
      officials had been named as Defendants to this case"

      https://www.courtlistener.com/recap/gov.uscourts.gand.284055/gov.uscourts.gand.284055.14.0.pdf

      With that,

      "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. "

      So, in short:

      1. The original restraining order was placed against the state (which did not have the machines therefore couldn't be restrained)
      2. The counties that they want to inspect were added to the lawsuit, so they have a chance to defend themselves.
      3. A restraining order IS active to preserve the machines while the court considers the issue.

      A bit messy, with some confusion flying, but it looks to me like people doing the best they can do.

      Collapse
  2. Avatar photo
    Dave

    Wow, the dishonesty of Trump and his cronies knows no bounds.

    Collapse