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Breaking: 11th Circuit Court of Appeals Rules Secretary of State Brad Raffensperger Does Not Have to Testify in Upcoming Case Challenging Georgia Election Machines
The Gateway Pundit ^ | January 8, 2024 | Brian Lupo

Posted on 01/08/2024 3:41:53 PM PST by Macho MAGA Man

The Gateway Pundit reported in late December, SOS Raffensperger was ordered by Judge Amy Totenberg to testify in the case, however, he immediately appealed that decision to the 11th Circuit Court of Appeals.

Yesterday afternoon, the 11th Circuit ruled that Raffensperger cannot be compelled to testify.

The 11th Circuit Court of Appeals Order reads:

Under the apex doctrine, “a district court should rarely, if ever, compel the attendance of a high-ranking official in a judicial proceeding…”…High-ranking “officials should not, absent extraordinary circumstances, be called to testify regarding their reasons for taking official actions.”…Specifically, to compel such an official’s testimony, there must be “a special need or situation” that overcomes the presumption against requiring a high-ranking official’s testimony.

The Secretary has a clear and indisputable right to the writ because he has established that the district court clearly erred in determining that the Plaintiffs have a “special need” for the Secretary’s testimony…A “special need” may exist when “the information sought from the [official] is essential to the case” and the information “cannot be obtained in any other way.” But the Plaintiffs have not identified any information that is both essential to their claims and that cannot be gleaned from other witnesses. Although the Plaintiffs point to public statements the Secretary has made about the litigation, the Secretary’s public statements do not in themselves create an extraordinary circumstance that requires his personal testimony.]

Despite the severe vulnerabilities pointed out in the Halderman Report, SOS Raffensperger has refused to update their voting system with the recommended “patch” until after the 2024 Presidential Election, even though Prof. Halderman does not believe it would be of much benefit to rectifying the vulnerabilities. Last month, Raffensperger cited the necessity for “90,000 man-hours” to update more than 34,000 piece of equipment.

(Excerpt) Read more at thegatewaypundit.com ...


TOPICS: Conspiracy; Government; Local News; Politics
KEYWORDS: 11thcircuitappeals; andrewbrasher; bradraffensperger; chicom; coupaccomplice; fakegaykaren; fakewaypundit; georgia; georgiaelectionlaw; hofthaters4biden; homoshatehoft; karenalert; kevinnewsom; raffensperger; robertluck; sodomizedkaren; sodomyblog; sodomyobsessedkaren
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This guy gets away with everything.
1 posted on 01/08/2024 3:41:53 PM PST by Macho MAGA Man
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To: Macho MAGA Man

All Democrats do


2 posted on 01/08/2024 3:44:13 PM PST by Fledermaus (It's time to get rid of the Three McStooges; Mitch, Kevin and Ronna! 1 gone, 1 almost dead. )
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To: Macho MAGA Man

The legal system has moved to the ‘Dark Side.’ Let’s hope it has taken over the Supremes.


3 posted on 01/08/2024 3:44:23 PM PST by iontheball
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To: All

Of course they did. The Deep State election stealers protect their own, even if they happen to have an (R) next to their name.


4 posted on 01/08/2024 4:04:52 PM PST by LegendHasIt
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To: Macho MAGA Man

Well who could ever expect to subpoena the person responsible for voting machines in a case about voting machines? /s


5 posted on 01/08/2024 4:12:54 PM PST by DesertRhino (Dogs are called man's best friend. Moslems hate dogs. Add it up. And at the very moment young women )
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To: Macho MAGA Man
"a district court should rarely, if ever, compel the attendance of a high-ranking official in a judicial proceeding"

11th Circuit Court of Appeals judges Newsom, Luck and Brasher should be impeached and convicted for that opinion they pulled out of their keister!

6 posted on 01/08/2024 4:13:01 PM PST by Carl Vehse
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To: Macho MAGA Man

These freaks want only secrecy.

Elected official refuses to speak to the public or in official setting.

Not a representative.

An oligarchy.

People here defended and supported this guy and Kemp.


7 posted on 01/08/2024 4:13:55 PM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: Macho MAGA Man

Look, we can see them for who they are. Judges, selected officials and our media have been purposely populated with the most evil corrupt people on earth. What make them the most evil is that they have been given everything and yet are not satisfied to serve for offices they sought... The want the power, authority and money and have absolutely no interest in being accountable for the outcomes of their decisions. Brad Raffensperger is a TRAITOR... and he has a lot of company, so his is comfortable in his treason. He has a Governor protecting his treason and folks like Liz “I know Michelle Obama is a Man” Cheney, who doesn’t care as long as her family gets paid while US Citizens are killed in foreign wars... We are not in a good place and we need a reckoning... kinda to the point of French Revolution against a bunch of compromised psychopaths...


8 posted on 01/08/2024 4:25:55 PM PST by WinstonSmith1984
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To: iontheball

Let’s hope it has taken over the Supremes.
______________________________
Obviously missing a keyword, . . .’not’ taken over the Supremes


9 posted on 01/08/2024 4:30:24 PM PST by iontheball
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To: Macho MAGA Man

quote “High-ranking “officials should not, absent extraordinary circumstances, be called to testify regarding their reasons for taking official actions.”

liberals are too stupid and moronic to miss the irony in that statement!


10 posted on 01/08/2024 4:53:49 PM PST by TexasFreeper2009
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To: iontheball

The legal system has moved to the ‘Dark Side.’ Let’s hope it has taken over the Supremes.


🙏🏻


11 posted on 01/08/2024 4:55:00 PM PST by Jane Long (What we were told was a conspiracy theory in ‘20 is now fact. Land of the sheep, home of the knaves)
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To: Macho MAGA Man

Guess the 11th Circuit doesn’t think possible rampant election fraud and insecure voting machines are “exceptional circumstances”. Wonder what does constitute exceptional circumstances to the 11th Circuit justices.


12 posted on 01/08/2024 5:01:02 PM PST by falcon99 ( )
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To: Macho MAGA Man; All
Thank you for referencing that article Macho MAGA Man.

"Under the apex doctrine [??? emphasis added], “a district court should rarely, if ever, compel the attendance of a high-ranking official in a judicial proceeding…”…High-ranking “officials should not, absent extraordinary circumstances, be called to testify regarding their reasons for taking official actions.”…Specifically, to compel such an official’s testimony, there must be “a special need or situation” that overcomes the presumption against requiring a high-ranking official’s testimony."


FR: Never Accept the Premise of Your Opponent’s Argument

The Apex Doctrine is not constitutionally enumerated. And given the zero tolerance "hair triggers" of Section 2 of the 14th Amendment (14A), that section a penalty for states where ballot box fraud has occurred, the referenced court is obstructing the due process of Section 2 for 2020 elections imo, such obstruction punishable under Section 3 of 14A.

But in order to make Sections 2 and 3 work, both Democratic and Republican Trump supporters need to be ready ASAP to support hopeful Trump 47 with a new Constituton-respecting Congress that will actually do its duty to protect and defend those sections as they concern 2020 and 2022 elections.

13 posted on 01/08/2024 5:02:58 PM PST by Amendment10
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To: Macho MAGA Man

The first thing we need to do is Kill all the Lawyers. I take a different approach to those required to TAKE AN OATH OF OFFICE, they should be Mandated to Always testify and refusing or taking the 5th should be Immediate Termination and Loss of all pension and retirement benefits.


14 posted on 01/08/2024 5:13:35 PM PST by eyeamok
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To: Macho MAGA Man

BRAD is BAD....he is PURE EVIL!!!!


15 posted on 01/08/2024 5:25:09 PM PST by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: eyeamok
What if there’s one good lawyer?

It might be like the tale of St. Peter escorting another priest to his modest home in Heaven.

The priest comments to St. Peter, “ my new home is nice but who lives in that mansion over there?”

St. Peter replies, “oh, that mansion belongs to our only lawyer!”

16 posted on 01/08/2024 5:30:53 PM PST by broken_clock (Go Trump! Still praying.)
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To: Macho MAGA Man

Such BS logic from the court. Public officials aren’t dragged into court everyday for miniscule reasons. Extraordinary events demand and justify testimony.


17 posted on 01/08/2024 5:45:08 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: Macho MAGA Man

He’s taking what amounts to the Fifth?


18 posted on 01/08/2024 5:53:33 PM PST by BradyLS (DO NOT FEED THE BEARS!)
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To: BradyLS

That’s exactly what he’s doing via the blessings of the 11th Circuit.


19 posted on 01/08/2024 6:02:34 PM PST by Macho MAGA Man (The last two weren't balloons. One was a cylindrical objects Trump is being given the Alex Jones tr)
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To: Carl Vehse

Bkmk


20 posted on 01/08/2024 6:51:38 PM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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