Re:Dominion Voting Systems Sues Rudy Giuliani
by dodobirdlord on Monday January 25, 2021 @09:36PM
(#25911762)
Stating that you expect to find something specific during discovery is sufficient for the purpose of stating a claim. The issue for most of the cases is that the Trump campaign lawyers were very careful not to include in their claims that they believed that fraud had occurred, because they did not actually believe this, and lying in a court filing is a serious crime. Asking for a trial so that you can avail yourself of discovery but not actually claiming any illegal things you expect discovery to uncover is commonly referred to as a "fishing expedition", and is never permitted.
Re:Dominion Voting Systems Sues Rudy Giuliani
by dragonwriter on Monday January 25, 2021 @09:33PM
(#25911743)
> There was a bit of a catch-22 in many of these
Please cite a specific case which made claims that were not properly adjudicated on the basis of this supposed “catch-22”.
I remember this county being an early catch that angered many on the right, where people actually made an effort to recount. I wonder how many here are aware of it? https://www.westernjournal.com/michigan-recount-confirms-tru...
We are told by the "fact check" websites that we may (and must) disregard the conclusions [2] that Navid Keshavarz-Nia [1] swore an affidavit to, because there is no proof. But how can we get such proof without the cases actually being heard? Left leaning people in general, and HN posters in particular have a disdain for those who make up the non-urban, non-coastal heart of the USA. But wouldn't it have been better to allow these cases to come to trial, so that the nation could actually determine the facts and begin to heal?
[1] https://www.wnd.com/2020/11/4873267/ [2] https://web.archive.org/web/20201202043332/https://www.court...