Thursday, November 12, 2020

Can the election of Joe Biden be blocked by one very important legal principal --- the spoliation of evidence --- by election officials in several key states ?????


On those cases brought in federal court, even when spoliation is  >>> accidental <<<  courts have broad remedial powers to “order measures no greater than necessary to cure the prejudice” when such spoliation has prejudiced the other party. And when spoliation is done with intent to deprive the other party of use of the  >>> data <<<  such spoliation can cost you the case under the sanctions available under Federal Rule 37(e)(2).



This is particularly relevant in the State of Georgia, where a hand count of votes has recently been ordered by the Georgia Secretary of State, which has been called the equivalent of an "audit" of those votes  >>>  because even up to the most recent election cycles prior to 2020, state election officials in Georgia and/or their agents and contractors have had a history of destroying evidence related to Georgia's elections with lawsuits pending



On July 3rd, 2017 the Coalition for Good Governance, joined by a handful of Georgia voters, sued Georgia’s State Election Board and Secretary of State Brian Kemp (now Governor), for failing to secure the integrity of the election system.  The suit sought a writ of mandamus forcing Kemp to “fulfill his public duty to reexamine this system and its fundamental irregularities”.

Just a few days after the suit was filed, employees for the Center for Elections Systems wiped the server at issue, according to the Associated Press.  The server’s data was destroyed on July 7, 2017 by technicians at the Center for Election Systems at Kennesaw State University, which runs the state’s election system. The data wipe was revealed in an email — sent last week from an assistant state attorney general to plaintiffs in the case — that was obtained by the AP. More emails obtained in a public records request confirmed the wipe.  Not only was the server erased, but two backups were “degaussed three times,” according to emails by a Center for Elections Systems information security staffer.
That data, the AP explains, “could have revealed whether Georgia’s most recent elections were compromised by malicious hackers.” 
Plaintiffs had planned to conduct an independent review of the server which, they believed, would show the election systems vulnerabilities—and put the results of Georgia's recent elections into question. 
Legal professionals know that the obligation to preserve evidence arises once litigation is reasonably anticipated, which can be long before a suit is filed. Wiping a server whose data is at the heart of a newly filed suit would be a fairly flagrant abdication of that responsibility.
Obviously issues of spoliation wrt certain evidence in cases like those being brought concerning the 2020 presidential elections  >>> such as those ongoing in several of the key battleground states <<<  one might reasonably expect the consequences of any spoliation to reach far beyond those lawsuits to the 2020 election as a whole.   
(The information for the post above  related to the incidents in 2017were largely as stated in "The Spoliation of an Election" by Casey C. Sullivan,  November 2, 2017   [https://www.logikcull.com/blog/the-spoliation-of-an-election]).


34 comments:

Anonymous said...

Did you think the brooklyn BOE had a patent on screwing things up?

Anonymous said...

"Breaking news" is the headline in bklyn paper. Max Rose concedes defeat. The picture of Ted & Nicole speaks a 1000 words.

Anonymous said...

The final results show nicole won in staten island and brooklyn. yes nicole got 47% to max 44%. that ted

Anonymous said...

This is a big story and well written. Today wisconsin recount is over Biden has it. The case that will be at SCOTUS is about Penn, GA, Michigan.

Galewyn Massey said...

RESPONSE: THE "MORE FAKE NEWS" EDITION

TO: "ANONYMOUS SAID... AT 6:03 PM"

THE WISCONSIN "RECOUNT" HAS NOT YET BEEN FORMALLY DEMANDED UNDER THE RULES, MUCH LESS HAVING BEEN CONDUCTED AND COMPLETED --- WHY SAY SOMETHING THAT IS SO COMPLETELY WRONG --- TONIGHT ON THE HANNITY SHOW, RANCE PRIEBUS, WHO IS FROM WISONSIN, COMPLETELY DESCRIBED THE PROCESS OF GETTING READY FOR THE WISCONSIN RECOUNT


Again, why say something that is so wrong ?????

Galewyn Massey said...

ANNOUNCEMENT: THE "DON'T BE FOOLED BY THE DOG AND PONY SHOW" EDITION

THERE IS NO >>> OFFICE OF PRESIDENT-ELECT JOE BIDEN <<<

ALL OF THAT IS HOLLYWOOD-STYLE TINSEL AND SPECIAL EFFECTS >>> IT IS NO MORE REAL THAT A CGI BACKDROP.....

NOT ONLY HAS MR. BIDEN'S OPPONENT NOT CONCEDED THE ELECTION IN ANY WAY >>> MYRIAD LEGAL CHALLENGES ARE BEING PROCESSED IN SUFFICIENT JURISDICTIONS TO PLACE ANY APPARENT GENERAL ELECTION VICTORY BY MR. BIDEN INTO SERIOUS DOUBT >>> ALREADY THE OUTLINES OF A VAST NETWORK AND PATTERN OF FRAUDS AND IRREGULARITIES IS BEGINNING TO EMERGE, BACKED-UP BY TRANCHES OF HARD EVIDENCE THAT IS INCREASING DAILY

NOT A SINGLE ELECTORAL COLLEGE ELECTOR HAS BEEN SELECTED, MUCH LESS COLLECTIVELY CERTIFIED AS THE DELEGATION OF ELECTORS FROM ANY STATE >>> MOREOVER, THE ELECTORAL COLLEGE HAS NOT BEEN CONVENED NOR HAS IT SELECTED ANY >>> "PRESIDENT ELECT"

ALREADY, THE PATHETIC WHINEY RANTS AGAINST THE TRUMP ALLEGATIONS ARE SWITCHING FROM "THERE IS NO EVIDENCE" TO "THERE IS INSUFFICIENT EVIDENCE TO REVERSE THE RESULTS IN ANY OF THE STATES" THAT ONLY UNOFFICIALLY HAVE BEEN DECLARED AS WON BY CANDIDATE BIDEN BY THE MEDIA



Ponder this, Incumbent Candidate President Donald Trump's challenges of official tallies declaring Candidate Vice President Biden the winner of key battleground states are only now about ready to begin.....

Galewyn Massey said...

UPDATE & BACKFILL: THE "TRUMP CONTINUES TO NARROW THE GAP IN ARIZONA" EDITION

AT 10:00 PM EST, JOE BIDEN'S LEAD OVER DONALD TRUMP DROPPED BY 600 VOTES TO 11,034


According to "Azcentral.com" >>> "President-elect Joe Biden currently leads President Donald Trump in statewide results by 11,034 votes.... Maricopa County has an estimated 6,715 ballots remaining to be counted out of an estimated total of 16,040 in the state, according to figures collected by the Arizona Secretary of State's Office...."

Anonymous said...

GSA released millions for transition to Pres elect Biden

Anonymous said...

If Nicole really did carry Bay Ridge than Marty swats justin like an oversized fly.

Anonymous said...

Home reporter has nothing about malliatakis defeating max. nothing.

Galewyn Massey said...

UPDATE & BACKFILL: THE "EVEN AS TRUMP IS LIKELY TO NARROW BIDEN'S LEAD, BIDEN WILL CERTAINLY WIN THE INITIAL COUNT IN ARIZONA" EDITION

According to the latest from "Azcentral.com" --- "President-elect Joe Biden's lead over President Donald Trump grew mathematically insurmountable in Arizona on Thursday evening as Maricopa County posted more results.... Biden stretched his lead in Maricopa County by 400 votes, which expanded his margin statewide to 11,434 votes.... The Secretary of State's Office reports 10,315 ballots are left to be counted in Arizona, with 990 of them in Maricopa County."

Galewyn Massey said...

ANNOUNCEMENT: THE "NOT NEARLY AS GOOD....." EDITION

THE "DAILY CALLER" COVERAGE OF THE CONCESSION OF DEMOCRAT CONGRESSMAN MAX ROSE CONTAINS AN ERONEOUS HISTORY OF THE GOP CONGRESSIONAL REPRESENTATIVES FOR STATEN ISLAND --- IGNORING 1980 THROUGH 2013


The article by Virginia Kruta, entitled "Nicole Malliotakis Flips NYC District To Red, Unseats Democrat Max Rose," is just flat out wrong about that.

Also, it talks a lot about Max Rose and not so much about Nicole --- it looks like the folks at the DC don't like her that much either; and that ain't half bad.

Anonymous said...

If nobody likes Nicole how come she ALWAYS WINS BY A LANDSLIDE?

Anonymous said...

Nicole is the first GOP candidate to carry bay ridge. Vito won his Senate race by the largest margin ever. That means chairperson Ghorra is the most successful GOP ever.

Galewyn Massey said...

RESPONSE: THE "HOW DOES 'FAKE NEWS' LIKE THAT HELP ANYBODY ???" EDITION

TO: "ANONYMOUS SAID... AT 1:17 PM"

TOUTING ONLY "FAKE NEWS" LIKE THIS SHOWS THAT TED GHORRA CAN ONLY BE MADE TO LOOK SUCCESSFUL AS A GOP CHAIRPERSON IS TO LIE REPEATEDLY..... NICOLE MALLIOTAKIS IS NOT THE FIRST GOP CANDIDATE TO CARRY BAY RIDGE EVEN WHEN SHE DID IT SEVERAL TIMES DURING CRAIG EATON'S TENURE --- GOP CANDIDATES NAMED MC CALL, GOLDEN, SULLIVAN, KELLY, DI CARLO, MEGA, CONKLIN, ARCULEO ALL CARRIED BAY RIDGE DURING MY TIME IN POLITICS >>> MC CALL, GOLDEN AND MALLIOTAKIS DID IT WHILE CRAIG EATON WAS KCRP CHAIRMAN..... NEEDLESS TO SAY, VITO BRUNO DIDN'T WIN HIS STATE SENATE SEAT BY THE LARGEST MARGIN EVER


On election day 2020, the scale of Vito Bruno's "victory" against Andrew Gounardes was around 6,000.

By comparison look at these results: in 2014, under GOP Chairman Craig Eaton, Marty Golden won by about 13,000 votes; in 2012, under GOP Chairman Craig Eaton, Marty Golden won by over 10,000 votes [in the identical district over the same candidate as Vito did in 2020]; in 2010, under GOP Chairman Craig Eaton, Marty Golden won by about 14,000 votes; in 2008, under GOP Chairman Craig Eaton for the first time with an election in the 22nd NYS Senate District, Marty Golden won with almost 43,000 votes and no real campaign effort [in 2020 in the identical district, with GOP Chairman Ted Ghorra overseeing the GOP effort in a very intense campaign, Vito Bruno only garnered about 41,000 votes]

Anonymous said...

Every picture I see of Nicole has Ted right next to her. This guy craig seems to have been forgotten.

Anonymous said...

Max talking about opiods was making people wonder if he was aware of the pandemic or the riots looting and blue lives matter. Im amazed he did as well as he did.

Anonymous said...

Max goal was no primary. That goal was accomplished.

Galewyn Massey said...

UPDATE & BACKFILL: THE "FINALLY, NORTH CAROLINA 'GIVEN TO TRUMP BY MSM & ARIZONA IS HEADED TO UNDER A 10,000 DIFFERENCE" EDITION


North Carolina and its 15 electoral votes has finally been declared for President Trump with Trump ahead by over 74,000 votes >>> after virtually no change in its vote count for over a week.

In Arizona, by consensus won by Joe Biden, the current count is Biden -- 1,670,260 & Trump -- 1,659,274 for a difference of 10,986 votes.

Anonymous said...

To 1:17 PM

Nicole lost Bay Ridge so did Vito Bruno and Liam's friend Skevich

Anonymous said...

Arizona results seem like its over but will the outcome be vote totals or equal protection issue in PA, GA, Mich?

Anonymous said...

Justin needs to make opiod addiction no 1 issue.

Anonymous said...

Georgia special election in January will become a mini pres election. The on line money flows in bigger numbers for dems.

Anonymous said...

Gale I heard from a reliable source that the Brooklyn GOP absentee ballot project is a total failure-and because of this Vito and Mark Will both lose miserably. Ted was only able to put together a handful of people to assist and he is doomed to failure. And they are running their operation out of the Conservative party HQ which is circa 1980. Again the Brooklyn GOP and its leader bending over wide for the conservatives.

Anonymous said...

In the last 50 years the brooklyn GOP has never gained 4 seats in an election. Ted has made history.

Galewyn Massey said...

RESPONSE: THE "MATHEMATICALLY CHALLENGED COMMENTER" EDITION

TO: "ANONYMOUS SAID... AT 12:00 AM"

YOU NEED TO CHECK YOUR HISTORY AND YOUR COMPUTATIONS.....

Maybe, three seats "gained" !!! --- BUT --- Two of those three are actually "regained" seats that were lost in 2018.

Galewyn Massey said...

UPDATE & BACKFILL: THE "TIC-TIC- TIC !!! ARIZONA IS COUNTING DOWN TOWARD FINALITY" EDITION


In Arizona, by consensus won by Joe Biden, the current count is Biden -- 1,671,491 & Trump -- 1,661,475, for a difference of 10,016 votes.

Anonymous said...

Ted made history as the biggest loser. At the end of the day his history of gaining 4 seats will be reduced to 2 seats-the seats he lost two years ago. How cam he compare winning with Nicole and Tannousos but losing Golden and Donovan, two amazing electeds?

Anonymous said...

Not the usual chaos with the local GOP but a lot worse. State GOP frantically trying to get bodies at the last minute as Tod only got a couple of volunteers who know how to use a computer. Problem is they were working out of conservative office and their internet signal is not strong so they were all sent home literally. Early this morning I got dozens desperate worded group messages from Tod begging for volunteers, I guess he can't lie his way out of this one when he won't be able to get ten people to show up to the warehouse on Monday. If he wants to save himself any further embarrassment his next calls should be to Craig and Bob begging for help for Vito's sake.

Anonymous said...

Ted talks a BIG game. Tells everyone how successful he is, and now is going to blow Vito's victory because he cant get more than three people in a room. A total and laughable disgrace.

Time to send Ted to the Hair Club for Men...he can chair that organization. At least he knows something about that

Anonymous said...

Comment at 12. Still feeling so cocky ? Ted did make history-2 yrs ago he lost Golden and Donovan-2 great electeds. And oh, this year, he didn’t win 4 because he can’t make them stick. He can’t get five people in a room to check ballots and because of this failure Vito and Mark will lose

Anonymous said...

The party's over once those absentee ballots start rolling in

Anonymous said...

I over-heard King Kassar at the supermarket yesterday. He was the phone with someone. He thinks Skevich wins but Bruno looses. Then he bought 2 boxes of bran flakes. I guess Jerry is a little backed up.

Anonymous said...

Jerry isnt backed up, but rather the opposite - Ted and Nicole are so far up his ass, he cant breath.