A federal judge has issued a temporary injunction preventing state election officials from erasing data on Dominion Voting Systems machines.
U.S. District Judge Timothy Batten, of the Northern District of Georgia, has ordered Republican Governor Brian Kemp, Secretary of State Brad Raffensperger, and other Georgia election officials to preserve data on voting machines in three counties: Cobb, Gwinnett, and Cherokee.
As part of Attorney Sidney Powell‘s lawsuit alleging voter fraud and ballot manipulation, plaintiffs sought the emergency injunction in order to have their own experts conduct a forensic electronic inspection of the voting machines.
“Defendants are hereby enjoined and restrained from altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any Dominion voting machine” in the three counties, Batten’s order said.
The federal judge’s order also requires the defendants to file a brief by Wednesday at 5 p.m. which should include their legal arguments as to why the forensic inspections should not be allowed.
“The brief should be accompanied and supported by affidavit or other evidence, if appropriate,” the order reads.
In a Zoom hearing, the defendants attempted to argue that the Secretary of State has no authority over county election officials, and cannot order the machines to be preserved. They also claimed that allowing the inspection “would pose substantial security and proprietary/trade secret risks” to Dominion Voting Systems.
Judge Batten also ordered that a copy of the contract between Georgia and Dominion Voting Systems be provided by the state to the plaintiffs.
Trump campaign Attorney Lin Wood noted earlier in the day that Batten ordered the state “to maintain the statue [sic] quo & are temporarily enjoined from wiping or resetting any voting machines in the State of Georgia until further order of the Court.”
Emergency Order just entered by Judge Timothy C. Batten, Sr.:
“Defendants are ordered to maintain the statue quo & are temporarily enjoined from wiping or resetting any voting machines in the State of Georgia until further order of the Court.”
Stop the steal NOW @BrianKempGA.
— Lin Wood (@LLinWood) November 29, 2020
After the state responds on Wednesday with its attempt to block the inspection, plaintiffs will have until Thursday to respond. A hearing on the original motion has been scheduled by Batten for Friday morning.
If the state responds by Wednesday as ordered, plaintiffs will have until Thursday to respond to the state’s argument. Batten has scheduled a hearing on the original motion for Friday morning.
Powell’s Georgia lawsuit seeks to remove the certification of the state’s election results, which gave Democratic presidential nominee Joe Biden a victory. Her suit alleged “massive election fraud” and “multiple violations” of state laws.
In the lawsuit, Powell sought an “emergency declaratory judgment that voting machines be seized and impounded immediately for a forensic audit.”
“The scheme and artifice to defraud was for the purpose of illegally and fraudulently manipulating the vote count to make certain the election of Joe Biden as President of the United States,” read the complaint.
“There is incontrovertible physical evidence that the standards of physical security of the voting machines and the software were breached, and machines were connected to the internet in violation of professional standards and state and federal laws,” the complaint further states.
“The massive fraud begins with the election software and hardware from Dominion Voting Systems Corporation (‘Dominion’) only recently purchased and rushed into use by Defendants Governor Brian Kemp, Secretary of State Brad Raffensperger, and the Georgia Board of Elections,” the complaint adds.
“Sequoia voting machines were used in 16 states and the District of Colombia in 2006. Smartmatic, which has revenue of about $100 million, focuses on Venezuela and other markets outside the U.S,” the complaint continues.
GEORGIA. UPDATE. UPDATE. 🚨
"Defendants are hereby ENJOINED & RESTRAINED from
altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any DOMINION VOTING MACHINE…"
— Kyle Becker (@kylenabecker) November 30, 2020