Stop Pretending Witness Testimony Doesn’t Qualify as ‘Evidence’ in GOP Voter Disenfranchisement Lawsuits ⋆ Politicrossing
Connect with us
Wikimedia photo Wikimedia photo

Elections

Stop Pretending Witness Testimony Doesn’t Qualify as ‘Evidence’ in GOP Voter Disenfranchisement Lawsuits

The MSM secretly distributes talking points, which often come from the DNC.

Published

on

The MSM secretly distributes talking points, which often come from the DNC, instructing its reporters to include statements in articles about voter disenfranchisement and suppression of Republicans declaring that there has never been any evidence of widespread voter fraud. If you’re not a lawyer, you might buy it. But if you know just the tiniest bit about the law, it’s frankly embarrassing to see non-lawyer journalists repeatedly writing this, pretending to be authoritative and objective. 

First year law students learn the federal rules of evidence, which have state versions. There are 68 rules of evidence under mostly five broad categories, and one of those categories is “testimonial evidence.” This usually is presented in the form of sworn witness statements, and can come from eyewitnesses or experts. It’s admissible with a proper foundation. For an eyewitness, that their “opinion is reasonably based on their perception,” and it’s “helpful in understanding the facts of the case or the witness’s testimony.” For an expert witness, the foundation is the person “is classified as an expert witness who has specialized knowledge of the evidence presented at the trial.” So it’s easy to get admitted into evidence.

Detractors point out that witness testimony isn’t admissible if it’s hearsay, which is defined as someone discussing what someone else said. But there are several exceptions to this rule that allow the testimony to be admitted, such as if it’s an “admission against interest.” So if a Maricopa County Elections employee testifies about wrongful statements by another employee, since it’s a type of whistleblowing it’s considered an admission against interest. 

Previous election lawsuits in 2020 challenging voter disenfranchisement and suppression were stymied due to other reasons, not lack of evidence. It’s dishonest for the MSM to pretend otherwise. Judges found vague technicalities to throw them out, afraid of having their careers destroyed since the left dominates much of the legal system. 

It’s a poorly kept secret within the legal system that federal district court judges in particular deliberately look for reasons to throw cases out. Popular reasons that judges can make work in most circumstances include lack of standing, wrong jurisdiction and untimely. These were almost exclusively used as reasons to dismiss the 2020 election lawsuits. Judges found the strangest, narrowest or most distorted interpretations of state statutes to throw lawsuits out as untimely, which is bizarre when you consider serious election fraud constitutes felonies; that kind of crime should not have the equivalent of short statutes of limitations. 

Witness testimony alone is used to send people to the death penalty. After Troy Davis was executed in 2011 based on only witness testimony, Al Sharpton and his National Action Network tried to get the laws changed to forbid prosecutors from pursuing the death penalty in cases where there was no physical or scientific evidence, but so far this movement appears to have little success

If we’re OK with executing people based on just witness testimony, why is it ignored in voter fraud cases, which are often only misdemeanors and civil infractions? Why are thousands of affidavits from people with a lot to lose — getting doxxed, fired, death threats — ignored as if they aren’t even real? Does anyone really believe thousands of people are making these reports up? The statistical odds of it merely being a coincidence are mind numbing.

Trump-endorsed Arizona gubernatorial candidate Kari Lake filed a lengthy lawsuit on Friday challenging the results of the state’s botched election, where thousands of Republicans on Election Day in Maricopa County ran into complications voting, and based on what they saw doubt their votes were counted. The complaint cited extensive witness testimony regarding wrongdoing, including 90% of mismatched signatures just swept under the rug and approved instead of being “cured” to ensure they were legitimate. Other witness testimony cited a lack of chain of custody for 298,942 ballots that were delivered to a third-party voter signature verification service. That is a class 2 misdemeanor. 

Just because a judge comes up with a bogus technical reason to throw out a lawsuit doesn’t mean there was never any evidence produced. Some of the reasons the 2020 lawsuits went nowhere were because the election attorneys were targeted with disciplinary actions, as in Wisconsin Voters Alliance v. Pence. The attorneys were only too grateful to drop the case to avoid worse discipline. They weren’t just any attorneys either, but part of the respected Thomas More Society’s Amistad Project. The judge who scared them into withdrawing the case was appointed by President Barack Obama, James Boasberg. The 65 Project, which appears to exist in order to drive conservative attorneys out of the practice of law, has preemptively submitted bar complaints against many of the election attorneys filing lawsuits over this election.   

Does anyone really believe that the top conservative election attorneys in the country continue to file cases in the wrong jurisdictions, that are untimely, and lack standing? Of course not. But it’s easy to fool the general public which aren’t attorneys. 

It’s going to take a brave judge to withstand the pressure to make up a technicality and instead address the evidence. Judges operate mostly out of the public eye and so one major decision could seal their reputation and career for the rest of their life, putting them and their families in financial jeopardy. Who wants to be known until their deathbed as the judge who ignored technical legal violations and enabled J6, as the MSM would spin it? The election lawsuits in 2020 ended up with almost exclusively Democrat and RINO judges, making their outcomes inevitable. In most jurisdictions, the presiding judge of the court gets to choose which judge hears a case, and with the legal system dominated by the left, that presiding judge usually leans left. 

All eyes are on Maricopa County Superior Court Judge Peter Thompson, who was assigned to Lake’s lawsuit. Will he withstand the immense pressure and acknowledge the massive statutory violations, or will he succumb to the bullies on the left and their comrades in the MSM?

We'd love to hear your thoughts about this article. Please take a minute to share them in the comment section by clicking here. Or carry the conversation over on your favorite social network by clicking one of the share buttons below.


Rachel Alexander is a conservative political writer and pundit. She is the editor of Intellectual Conservative and a recovering attorney. She was ranked by Right Wing News as one of the 50 Best Conservative Columnists from 2011-2019.



 
 
 

Join the conversation!

We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. Thank you for partnering with us to maintain fruitful conversation.



Elections

Democrats Once Made Sense Occasionally

By today’s standards JFK would be considered a conservative

Published

on

With RFK, Jr. already favored by a sizable percentage of Democrats for the 2024 nomination, I recall a visit I made to his mother’s home. In 1988, I was invited by a friend to attend a Democratic fund raising reception for a congressional candidate, running in Northern Virginia. The reception was to be held at the home of Ethel Kennedy in McLean, VA.

I was eager to attend, although skeptical that the reception would actually be held in Mrs. Kennedy’s home. I felt certain it would be held in the back yard, or in a special tent on grounds that were meticulously groomed for the event.

To my surprise, the event was held in her home and the hundreds of people who attended apparently were free to roam about the first floor without restriction. I found this to be totally amazing. Here was a home, that by any measure, contained artifacts which future generations would clamor to see.

A Panoply of Pop Culture and History

Every room contained personal photos of Bobby Kennedy, Jack Kennedy, Jackie Kennedy, Ted Kennedy and the entire clan, as well as awards, citations, and personal mementos. Guests could have pocketed their choice of mementos at any time. Apparently none did – at any time. More astounding, Mrs. Kennedy seemed completely unconcerned about the possibility.

As I meandered about the grounds, I made my way to the pool house. Between a couch and a chair, on a phone stand, along with the phone, was a roster of phone numbers typed and inserted in a plastic sleeve. I looked at the list. Ted Kennedy’s congressional phone number and his private number in Hyannis were listed. Jackie Kennedy’s personal phone number in New York was listed. Other family members, celebrities’ and luminaries’ personal phone numbers were listed.

Any reporter or paparazzi could have cashed in simply by copying the numbers on the list and selling them to the tabloids. This backyard, this yard, this house, on a typical street in McLean, VA had no fences, no guard dogs, none of what I would have expected the widow of a historical figure – a millionairess – to have.

People-oriented to the Max

I thought about all the time and energy that I, and most of the people I know, spend to safeguard our privacy, to ensure no one is looking over our shoulder when we’re doing something as simple as reading a newspaper on an airplane. Ethel Kennedy, however, was a public person, circa 1988.

It seemed inconceivable that an Ethel Kennedy could be so open and people-oriented, and not need the barriers and protectors that most of us believe we need.

As that night’s affair ended, I marveled when Ethel Kennedy stood at the door and bade all guests a fond farewell. She shook my hand and thanked me for coming as if I had been one of the Democratic Party’s most staunch supporters and honored guests in her home.

Accessible and Not-off-the-Wall

I was not a Democrat and never seek to be one, but this I know: by today’s standards JFK would be considered a conservative, or certainly  someone ‘unworthy’ of the Democrat nomination. RFK senior likely would be in the same category.

Sure, many of their views and policies would be appear to be be left of center or at the center, but perhaps no more so than John McCain or George W. Bush. In any case, any Kennedy would be preferable to the tyrannical Leftist monsters currently in power, seeking to destroy America.

– – – – –

 

 

Continue Reading

Business

This Three Pronged Plan to Overthrow America is Nearly Complete

And there are just two things that will stop it…

Published

on

Want to leave a lasting impact on the world around you? Want your life to really count? Click here!

The left has long worked to overthrow America and all that it stands for. They have been working at it since early in the 1900’s and it took up more speed in the late 60’s and early 70’s with the rise of the radical left. PolitiCrossing founder Chris Widener explains the three-pronged attack and how it is almost complete, as well as the only things we can do to save ourselves and this country we love.

Continue Reading

 

Our Newsletter

Become a Politicrossing insider: Sign up for our free email newsletter, and we'll make sure to keep you in the loop.

Sites We Like

Our Newsletter

Become a PolitiCrossing insider: Sign up for our free email newsletter, and we'll make sure to keep you in the loop.

Trending