Citat:
Plaintiffs offer expert Russell Ramsland, Jr., who asserts there was “an improbable, and possibly impossible spike in processed votes” in Maricopa and Pima Counties at 8:46 p.m. on November 3, 2020. He suggests that this spike “could easily be explained” by presuming that Dominion “pre-load[ed] batches of blank ballots in files such as Write-Ins or other adjudication-type files then casting them almost all for Biden using the Override Procedure . . . .” . This scenario is conceivable.
However, Defendant Hobbs points to a much more likely plausible explanation: because Arizona begins processing early ballots before the election, the spike represented a normal accounting of the early ballot totals from Maricopa and Pima Counties, which were reported shortly after in-person voting closed. Thus, the Court finds that while this “spike” could be explained by an illicit hacking of voting machinery in Arizona, the spike is “not only compatible with, but indeed was more likely explained by, lawful, unchoreographed” reporting of early ballot tabulation in those counties. See Iqbal, 556 U.S. at 680.
Plaintiffs have not moved the needle for their fraud theory from conceivable to plausible, which they must do to state a claim under Federal pleading standards. Because Plaintiffs have failed to plead their fraud claims with particularity and because the Complaint is grounded in these claims, it must be dismissed.
III. Conclusion
Not only have Plaintiffs failed to provide the Court with factual support for their extraordinary claims, but they have wholly failed to establish that they have standing for the Court to consider them. Allegations that find favor in the public sphere of gossip and innuendo cannot be a substitute for earnest pleadings and procedure in federal court. They most certainly cannot be the basis for upending Arizona’s 2020 General Election. The Court is left with no alternative but to dismiss this matter in its entirety.
Accordingly,
IT IS HEREBY ORDERED that Defendants’ Governor Doug Ducey, Secretary of State Katie Hobbs, and Intervenor Defendants Maricopa County Board of Supervisors and Adrian Fontes’ Motions to Dismiss the Complaint (Docs. 36, 38, and 40) are GRANTED for the reasons stated herein.
IT IS FURTHER ORDERED that all remaining pending motions (Docs. 14, 62, 65 and 66) are denied as moot, and the hearing on Plaintiffs’ TRO and Preliminary Injunction set for December 10, 2020 is vacated.
IT IS FINALLY ORDERED that this matter is dismissed, and the Clerk of Court is kindly directed to terminate this action.
Dated this 9th day of December, 2020.
Honorable Diane J. Humetewa
United States District Judge
https://www.democracydocket.com/wp-content/uploads/sites/45/2020/12/Order-Granting-MTD.pdf
Man tittar inte på bevisen genom en audit.
Man stänger caset.
Domaren är tillsatt av Obama.
Arizona var redan certifierat när domaren tillfrågades i detta case.
..En av anledningarna den nya Auditen är på sin plats.
