Updated: “Judge Blocks, Then Unblocks Georgia From Wiping or Resetting Voting Machines” and Then Blocks Defendants Again
Breaking 911 | November 29, 2020
ATLANTA — The District Judge for the Northern District of Georgia said Sunday that all Dominion voting machines must not be ‘wiped’ or ‘cleared’ as questions still remain about the outcome of the Presidential election in the state.
Judge Timothy C. Batten, Sr. said defendants Georgia Secretary of State Brad Raffensperger and Governor Brian Kemp, among others, are to “maintain the statue quo and; are temporarily enjoined from wiping or resetting any voting machines in the State of Georgia until further order of the Court.”
Later in the day, Judge Batten reversed his own ruling. Batten said the reversal was because individual counties control the voting machines:
Plaintiffs contend that Union County officials have advised that they are going to wipe or reset the voting machines of all data and bring the count back to zero on Monday, November 30. On this basis, 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 t hose 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. Jacobson v. Fla. Sec’y of State, 974 F.3d 1236, 1256–58 (11th Cir. 2020). Therefore, to the extent Plaintiffs seek emergency relief to impound and preserve the voting machines, that request is denied.
Read the order in full HERE.
“What??? Judge reversed order based on Defendants’ claim that GA Counties control voting machines,” Trump-affiliated lawyer Lin Wood wrote on Twitter. “Why are GA officials determined to wipe these machines clean [by] resetting them?”
[READ NEXT: U.S. Postal Worker Caught at Canadian Border With Stolen Ballots In Car Trunk]
GA officials performing “software update” on Fulton County voting machines at this very moment at World Congress Center.
— Lin Wood (@LLinWood) November 29, 2020
They are trying to erase the evidence by scrubbing the machines with litigation pending.
BLOW YOUR HORNS. PATRIOTS. This cannot stand.
Emergency Order just entered by Judge Timothy C. Batten, Sr.:
— Lin Wood (@LLinWood) November 29, 2020
“Defendants are ordered to maintain the statue quo & are temporarily enjoined from wiping or resetting any voting machines in the State of Georgia until further order of the Court.”
Stop the steal NOW @BrianKempGA.
What??? Judge reversed order based on Defendants’ claim that GA Counties control voting machines.
— Lin Wood (@LLinWood) November 29, 2020
Machines are owned by State & @GaSecofState administers state laws on elections.
Why are GA officials determined to wipe these machines clean be resetting them? https://t.co/Oq0edTGfsl
#TeamKraken wins a major injunction. Judge Batten issues an order to freeze all dominion machines in GA.
— General Flynn (@GenFlynn) November 29, 2020
The devil may have gone down to GA, but it is light that shines bright today.@SidneyPowell1 @abigailcfrye @LLinWood @marklevinshow @realDonaldTrump @tracybeanz https://t.co/HzHUdsfefk
DEVELOPING STORY
[h/t: Epoch Times]
UPDATE: The court decision was reversed once again. The injunction still stands. Judge Timothy C. Batten, Sr., allowed Plaintiffs to amend the Complaint to include as defendants election officials in Cobb, Gwinnett, and Cherokee Counties, “thus,” as the judge points out, “obviating the issue of whether the proper officials had been named as Defendants to this case.” In other words, they are temporarily restrained from altering, destroying, or erasing the voting machines and/or the software and data.
