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 ...
All Democrats do
The legal system has moved to the ‘Dark Side.’ Let’s hope it has taken over the Supremes.
Of course they did. The Deep State election stealers protect their own, even if they happen to have an (R) next to their name.
Well who could ever expect to subpoena the person responsible for voting machines in a case about voting machines? /s
11th Circuit Court of Appeals judges Newsom, Luck and Brasher should be impeached and convicted for that opinion they pulled out of their keister!
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.
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...
Let’s hope it has taken over the Supremes.
______________________________
Obviously missing a keyword, . . .’not’ taken over the Supremes
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!
The legal system has moved to the ‘Dark Side.’ Let’s hope it has taken over the Supremes.
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.
"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.
"is denied to any"
"or in any way abridged,"
Excerpted from 14A:
"Section 2: Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced [emphases added] in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." [Apportionment of Representatives]
"Section 3: No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion[emphases added] against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability."
Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
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.
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.
BRAD is BAD....he is PURE EVIL!!!!
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!”
Such BS logic from the court. Public officials aren’t dragged into court everyday for miniscule reasons. Extraordinary events demand and justify testimony.
He’s taking what amounts to the Fifth?
That’s exactly what he’s doing via the blessings of the 11th Circuit.
Bkmk
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