Posted on 11/06/2023 12:25:55 PM PST by jacknhoo
On Friday, attorneys for Harrison Floyd as well as counsel for the Georgia Secretary of State’s Office and Fulton County convened for a hearing over a Motion to Quash subpoenas submitted by the defense. It was also, coincidentally, the three-year anniversary of “the most secure” election “in American History”, according to then-CISA Director Christopher Krebs and harped by mainstream Mockingbird outlets.
Floyd was one of the individuals indicted by Fulton County District Attorney Fani Willis back in August and, notably, the only individual who was initially denied bond and kept at the Fulton County Prison, where 15 people died in 2022 alone. Floyd, the former leader of Black Voices for Trump, was on a phone discussion with Trevian Kutti, who was also indicted in the RICO case, while they talked with a poll-worker at a Cobb County police station at the poll-worker’s request.
Friday’s hearing dealt with three motions to quash subpoenas issued by Floyd’s attorneys requesting documents and evidence they deem relevant to the case. In the hearing, we first heard arguments from the Georgia Secretary of State’s counsel. He argued that the Secretary of State’s office had complied with “two specific categories going to State Farm arena and the poll worker at issue.” There was another category of which they claimed they didn’t have responsive records.
Counsel then claimed that the remaining requests “essentially asked for everything about the 2020 election.” He argued that the requests were “unspecific, mostly not relevant, and super burdensome on the Office.” He argued that the documents are not relevant to intent because:
“[with] intent, state of mind is addressed as of the moment of the act that gives rise to the alleged wrong. It’s not retroactive. The example being homicide and self-defense, what matters is what’s in the actor’s head at the moment the trigger is pulled, not later when he or she may learn that the person they shot had a knife, had some mental illness that was otherwise a danger.“
The analogy doesn’t make any reference to Floyd’s preconceptions about the validity of the election. A more accurate analogy would be that the actor strongly believed the person they shot “had a knife” (which is perfectly legal in Georgia, a constitutional carry state, but we’ll pretend “having a knife” is a crime for the sake of the attorney’s argument) and only later confirmed they had a knife. The “believed they had a knife” part was missing from the comparison. Floyd believed the election was stolen, tried to investigate, and now believes there is evidence their preconceptions were possibly correct.
Secretary of State counsel then went on to distinguish between themselves as a separate State agency from the District Attorney’s Office, and therefore not subject to Brady rules and exculpatory evidence:
(Video at Link)
Judge Scott McAfee then asked Floyd’s counsel:
“If, lets say there’s some smoking gun locked away in a vault in the Secretary of State’s Office, and Mr. Floyd had no idea had ever existed during the entire timeframe of this alleged enterprise, how is that relevant?”
Counsel responded:
“I focused on Count 1 for the concept of relevance because in that count, we have…numerous references to the election being lost by Donald Trump. In fact, in the introduction, the State says that not only did Trump lose Georgia, but he and the other defendants charged refused to accept that Trump lost.
What happens if we show that Trump won?“
And the attorney does have a point. In the criminal indictment filed by Fani Willis, it mentions:
•17 times that President Trump lost the 2020 election including in Georgia and Fulton County; • 49 times that the defendants engaged “knowingly” and “willfully” in various activities to overturn the 2020 election when they allegedly knew their statements about the election results were false; • 113 times that there were attempts to “unlawfully” change the outcome of the election, including in Georgia; • 145 times that the defendants sought to put the November 3, 2020 election results at issue with the implication that the results cannot be questioned; and • 182 times that the RICO defendants engaged in “false statements” concerning “fraud” in and about the November 2020 elections
If President Trump did in fact win Georgia, and they can prove it, it would be the easiest avenue to victory for those indicted in this politicized persecution.
Lastly, Fulton County’s counsel argued that producing the records would be a burdensome task that could take “months” to fulfill. Further, he alleged that the ballots would expose personally identifiable information such as names and birthdates, drivers license numbers, and even some social security numbers. Defendant’s counsel rebutted that they did not want any personally identifiable information and they were only interested in “the count.” It’s also mentioned that the personal information is only on certain election records, and not the ballots themselves that were among the requested items.
But another important claim surfaced during the defense’s response. It’s something The Gateway Pundit has reported on numerous times, most recently in my four-part series on Fulton County’s handling of the 2020 election: Fulton County has a “major discrepancy…the reason they don’t want to turn [records] over is because, I submit, that a lot of the stuff we’ve asked for, they simply don’t have. And they don’t want to tell you. At all. Because for obvious reasons, it impacts the certification of the election itself.”
Fulton County has actually already admitted that they did not properly preserve the majority of in-person ballots from the Nov 3 election in a Requests for Admissions in the Curling v. Raffensperger federal case.
In the Opposition to the Motion to Quash subpoenas submitted by Floyd’s legal team, they reference many of the issues The Gateway Pundit reported on in the above-mentioned series. This includes a total of “more than 41,079 presidential votes [that] should have been excluded from the final Fulton County vote tally because they were not and cannot be reconciled or properly validated as legitimate votes.”
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It also cites a brief submitted by expert witness Professor Philip Stark of UC Berkley and the inventor of the risk-limiting audit. Prof. Stark refers to “the loss of hundreds of thousands of image files from the first machine count and of nearly 18,000 images from the second machine count” as “hard to fathom.”
The Motion (below) was 80 pages total, however, the first 13 pages are the actual motion followed by 65 pages of supporting documents.
(Document at link)
Floyd Final Opposition to Motion to Quash by CannCon on Scribd
The hearing in its entirety:
(Video at link)
NOTHING would surprise me!
Uniparty always prevails.
From what was written it looks like raffensburger & fulton county “lost” or destroyed more evidence than hillary clinton.
Not providing exculpatory evidence is bananna republic justice.
Pretty obvious that the Georgia election was stolen based on on these facts
Whether or not Trump “won Georgia”, he did not win the votes of Georgia’s electors who voted for Biden in the only Presidential election in the constitution - the one on December 14, 2020.
If they finally admit Trump won in 2020, they will reveal it just before the next election and claim that Trump is not eligible because he was already elected twice.
they'll declare him the winner, claim he really was president from January 2021 to January 2025 and can no longer be elected president because of the 22nd amendment.
so sad, too bad.. oopsie we're sorry !.
Im dead serious, it may go to the supreme court, but they would follow the constitution.
Looks like Trump may drop the aces on some if so with all the trials it looks like he took them to the middle of the lake and gave them an anchor.
Couldn’t happen to a better lot of scum.
Absolutely that is what happened, and it will take trials and executions that would make the French Revolution look like a garden party to rectify it.
“Whether or not Trump “won Georgia”, he did not win the votes of Georgia’s electors who voted for Biden in the only Presidential election in the constitution - the one on December 14, 2020.”
____________________________________
If President Trump won Georgia, this case in Georgia would be dismissed.
If President Trump won Georgia and the election fraud was allowed to be exposed, he would have won on December 14, 2020.
We demand to be allowed to proceed with this persecution... errr prosecution... even though we lost the evidence that the defendants say is potentially exculpatory but we say proves our version of the election outcome. The defendants are known to be guilty and therefore there can’t be any exculpatory evidence. It doesn’t exist.
Why bother with a trial?
Yet, even if the State of Georgia cared as nobly as you and I do about the crucial Constitutional function of the Federal Electors--as opposed to a popular poll of citizens--it would still have to deal with the consequences if, under Georgia law, those electors themselves were fraudulently chosen. Where there is clear evidence of fraud, I think the Feds would be obliged to take a pass on accepting ballots created under obviously murky circumstances, rather than taint the national election with proven criminality.
'Nother words, if the state has legally defined its process of choosing electors for a Federal election (which, as a sovereign State of the Union it is qualified to do) but the election was fraudulently conducted, I would argue that the popular vote is still subject to a basic smell-test in cooperation with the Feds.
Trump-related defendants do NOT have to prove that Trump won.
The prosecution MUST prove - beyond a reasonable doubt - that Trump lost or Biden won.
Repeat - beyond a reasonable doubt!
How many ineligible voters voted in GA, WI, and AZ?
Unknown.
How many ballots in GA, WI, and AZ, had no verifiable chain of custody?
Unknown.
Trump lost each of those states by a fraction of 1%.
If Trump wins those three states, the Electoral Vote is 270-270.
The House of Representatives [+5 majority GOP delegations] elects Trump to a second term.
If Trump wins, then none of these crimes would have happened.
“Fraud vitiates everything.”
“ he would have won on December 14, 2020.”
But he lost instead.
“Whether or not Trump “won Georgia”, he did not win the votes of Georgia’s electors who voted for Biden in the only Presidential election in the constitution - the one on December 14, 2020.”
Such a silly argument.
If Trump won the GA popular vote, that means GA allowed the wrong slate of Electors (Biden Electors) to cast the state’s Electoral college votes.
A slate of Electors was appointed for each candidate, one slate in case Trump won, and another slate in case Biden won. If GA certified the wrong candidate as the winner, then the wrong slate of Electors was allowed to cast the state’s Electoral college votes.
The popular vote is what was supposed to determine which slate of Electors voted in the December 14th, 2020 election.
So, it is silly to argue that the state’s popular election was not the one that mattered.
You’re just being obtuse. Go ahead and be your ridiculous self.
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.
So ... for the sake of discussion, let's suppose that investigation proves conclusively that a plurality (at least) of Georgia citizens who got off their butts and voted, voted for Donald Trump in 2020. In reality, they didn't vote for Donald Trump. They voted for Donald Trump's electors. In spite of this, the Georgia Legislature sent Joe Biden's electors to the Electoral College, where they duly voted for Joe Biden. Assuming the above, was Donald Trump actually elected (for the purposes of the 22nd Amendment) in 2020?
There were several recounts of Fulton county votes and one of those involved was Bobby Christen. Christen was a DA, Judge etc and impeccable ethical. He stated he wished he could of found fraud but didn’t.
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