Tuesday, December 1, 2020

BREAKING: "There's Nothing Perfect In This World, Including Voting Systems" - Why Judge Mahoney Dismissed "SharpieGate 3.0" Lawsuit (READ Opinion)

 "There's nothing perfect in this world, including voting systems." With that quote from one of the (Plaintiffs') witnesses, Superior Court Judge Margaret Mahoney began her 10 page Opinion as to why she dismissed the so-called "Sharpie Gate 3.0" lawsuit challenging Arizona's Presidential election.

Mahoney had dismissed the case from the bench immediately following the all-day trial on November 20. Her Minute Entry explaining her reasons was filed yesterday (and made available today).

Here is our coverage from the trial, and before - including the eviscerating commentary from fellow attorney Tom Ryan.

The quoted testimony came from the proposed voting systems expert W. James Sneeringer. Judge Mahoney noted that the "seemingly neither controversial nor original" opinion "directly contradicts the linchpin of Plaintiffs' Complaint."

"The Court finds the law cannot provide, nor does it guarantee, perfection," Mahoney wrote. The finding would seem to not only fit the second case brought by the Arizona voters Laurie Aguilera and Donovan Drobina and their attorneys from the conservative Public Interest Legal Foundation, but also the theories of fraud being cavalierly tossed about by Donald Trump's legal team and supporters. (Including in the case presently before the Court, brought by Arizona GOP Chairwoman Kelli Ward. Her attorney told the Court yesterday that the Arizona Legislature should appoint their own electors .)

Mahoney ultimately determined that not only did the Plaintiffs not have the legal standing to bring the case, but that they had not stated claims upon which she could grant them relief and had not even presented evidence to support their claims.

The Plaintiffs have not appealed the decision, and Defendants/Intervenors have not filed a motion to hold the plaintiffs and/or their attorneys responsible for the legal fees incurred.

SharpieGate - 1130 Minute Entry Dismissing by arizonaspolitics on Scribd

 h/t to colleague @modernista64 for bringing the Minute Entry to our attention.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc.

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