On Tuesday, the just about 7-years lengthy pending federal case difficult using election machines within the State of Georgia will start. And one title shall be notably absent from the witnesses known as to testify: the chief election supervisor, Secretary of State Brad Raffensperger.
The case, Curling v. Raffensperger, was initially filed in August 2017 when the State of Georgia was utilizing Diebold Voting machines and has been pending ever since. The case challenges using voting machines as an infringement on voters’ rights as a result of they are often hacked, as demonstrated in a thorough report submitted within the case and just lately unsealed by Univ. of Michigan laptop science skilled, Professor J. Alex Halderman, and don’t create a voter-verifiable paper poll, amongst different claims.
As The Gateway Pundit reported in late December, SOS Raffensperger was ordered by Choose Amy Totenberg to testify within the case, nonetheless, he instantly appealed that call to the eleventh Circuit Courtroom of Appeals.
Yesterday afternoon, the eleventh Circuit dominated that Raffensperger can’t be compelled to testify.
The 11th Circuit Court of Appeals Order reads:
Beneath the apex doctrine, “a district courtroom ought to hardly ever, if ever, compel the attendance of a high-ranking official in a judicial continuing…”…Excessive-ranking “officers shouldn’t, absent extraordinary circumstances, be known as to testify relating to their causes for taking official actions.”…Particularly, to compel such an official’s testimony, there should be “a particular want or scenario” that overcomes the presumption in opposition to requiring a high-ranking official’s testimony.
The Secretary has a transparent and indeniable proper to the writ as a result of he has established that the district courtroom clearly erred in figuring out that the Plaintiffs have a “particular want” for the Secretary’s testimony…A “particular want” could exist when “the data sought from the [official] is important to the case” and the data “can’t be obtained in another manner.” However the Plaintiffs haven’t recognized any data that’s each important to their claims and that can not be gleaned from different witnesses. Though the Plaintiffs level to public statements the Secretary has made concerning the litigation, the Secretary’s public statements don’t in themselves create a unprecedented circumstance that requires his private testimony.
Regardless of the extreme vulnerabilities identified within the Halderman Report, SOS Raffensperger has refused to replace their voting system with the beneficial “patch” till after the 2024 Presidential Election, despite the fact that Prof. Halderman doesn’t imagine it will be of a lot profit to rectifying the vulnerabilities. Final month, Raffensperger cited the need for “90,000 man-hours” to replace greater than 34,000 piece of kit.
Astonishingly, Georgia Secretary of State Brad Raffensperger, who has been conscious of our findings for 2 years, simply introduced that the state won’t get round to putting in Dominion’s safety patches till after the 2024 Presidential election. https://t.co/bnPXoP6Xc2
— J. Alex Halderman (@jhalderm) June 14, 2023
