As mentioned in our previous email, Ignite Liberty is proud to announce that Cody Brewer, OU Law – ’18 (MLS), has joined our staff as a legal analyst. We have asked him to provide his constitutional expertise to analyzing the Kraken cases filed in GA and MI this week. Below is his analysis of the Georgia case:
On November 25, 2020, Attorney Sidney Powell (Powell) filed a lawsuit on behalf of several Republican Electors as Plaintiffs (P) from the State of Georgia and is before in the Northern District Of Georgia, Atlanta Division, against Brian Kemp, in his official capacity as Governor of Georgia, Brad Raffensperger, in his official capacity as Secretary of State and Chair of the Georgia State Election Board, David J. Worley, in his official capacity as a member of the Georgia State Election Board, Rebecca N. Sullivan, in her official capacity as a member of the Georgia State Election Board, Matthew Mashburn, in his official capacity as a member of the Georgia State Election Board, and Anh Le, in her official capacity as a member of the Georgia State Election Board as Defendants (D).
According to the Complaint, Powell states, “This civil action brings to light a massive election fraud, multiple violations of Georgia laws and multiple Constitutional violations, as shown by fact witnesses to specific incidents, multiple expert witnesses and the sheer mathematical impossibilities found in the Georgia 2020 General Election.”
Before we get into the heart of the complaint, it’s important to note that civil cases are different than criminal cases in what it takes to win. As Ms. Powell points out in her brief,“As a civil action, the plaintiff’s burden of proof is a “preponderance of the evidence” (more than a 50% probability of being true) to show, as the Georgia Supreme Court has made clear that, “[i] was not incumbent upon [Plaintiff] to show how the voters would have voted if their [absentee] ballots had been regular. [Plaintiff] only had to show that there were enough irregular ballots to place in doubt the result.”
Due to the SARS-COV-2 virus and disease known as COVID, the Democrat Party and Main Stream Media outlets across the country, especially in Democrat strongholds like Detroit, Atlanta, Philadelphia, Pittsburg and Milwaukee, used COVID and “social distancing” as an excuse and turned a blind eye to the procedures, laws, and statutes that exist to safeguard the Presidential election. Unlike the Absentee ballot which most were familiar with up until 2020, the Mail-in ballot did not require the same strict procedures.
This opened the door to massive fraud across the country, including ballot harvesting, stolen ballots from mailboxes, voters selling their ballots for money, etc. In Pennsylvania alone, there is proof that the State mailed out 1.5 million ballots and received close to 2.3 million ballots! This net gain of nearly 800k ballots, regardless of who the ballots were for, casts doubt on the entire election. So much doubt that it will be nearly impossible to certify ANY state, yet the State of Pennsylvania did just that. However, we fully expect that to end up in the Pennsylvania Supreme Court as well.
Leading up to the Presidential Election on November 3, 2020 there was a strong dissent growing amongst voters in multiple states along with leadership in the Republican Party over the legality and Constitutionality of Mail-in ballots.Media outlets around the country were putting out false claims that the Mail-in ballot and the Absentee ballot were the same thing and encouraged millions to fill out their application for the Mail-in ballots. However, this could not be further from the truth.
Traditionally, the Absentee ballots are utilized by members of the military serving overseas, Physically Incapacitated, or a person who may have two homes in different states, and living outside the state in which they are registered to vote. In this case, one would have to fill out the application, show their ID, as proof they are who they say they are, and sign an affidavit to validate their identity under penalty of perjury. In Oklahoma, Title 26 of the Oklahoma Statutes provides that any person who knowingly executes a false application for an absentee ballot shall be deemed guilty of a felony. https://www.ok.gov/elections/Voter_Info/Absentee_Voting/.
Oklahoma voting law allows anyone to request an Absentee ballot, but according to the laws on the books, a “reason” must be listed for Absentee ballots, while Georgia law authorizes “any eligible voter to cast his or her absentee ballot by mail without providing a reason. O.C.G.A. § 21-2-380(b).
Now that you have a little background on general application of law pertaining to most states like Oklahoma, Georgia, Michigan, Pennsylvania, these actions taken by many Democrat-majority jurisdictions regarding mail-in ballots vs the absentee ballots, border on Treason and Sedition as outlined in 18 US Code Chapter 115. If you wish to look these up individually you can find them here: https://www.law.cornell.edu/uscode/text/18/part-I/chapter-115. In this report, although Powell listed at least five counts in her complaint, we will give a generalized summary to these counts listed in the complaint which cover Illegal Procedures, Insecure Voting Machines, Illegal ballots, and 14th Amendment Due process violations.
Allegations of fraud in this complaint point out irregularities in chain of custody and full accountability of ballots, baffling vote counting pauses throughout the night of the election, and Poll watchers being threatened and removed by Democrat controlled polling stations as seen on many videos posted on Youtube when Democrats were cheering each time a Republican Poll watcher was removed.
One source who worked at a polling station claims that “in a normal election process they receive the voting machines, and the ballot counting devices the Friday before the election, and a Chain of Custody letter to be signed by Sunday confirming the voting machine count and that the machines have been sealed. This time, however,, in the Milton Precinct, the machines did not show up until 2am on the day of the election and yet the polling station was asked to sign the Chain of Custody letter Sunday.” The polling official went on to say, “this is unacceptable and voting machines should not be out of custody prior to election day.”
In other Democrat-majority counties Republican Poll watchers were illegally prevented from watching vote counting. The Democrat led polling stations provided political parties and candidates, including Trump campaign officials “no meaningful access or actual opportunity to review and assess the validity of the mail in ballots.” While in the audit or recount witnesses claim they saw “Trump ballots being put into Biden piles” and go on to claim that there was no way to tell it the activity was proper or if the count was accurate.”
Additionally, a large number of ballots were identical and likely fraudulent. According to one of the affidavits:
“she observed a batch of utterly pristine ballots: most of the ballots had already been handled; they had been written on by people, and the edges were worn. They showed obvious use. However, one batch stood out. It was pristine. There was a difference in the texture of the paper – it was if they were intended for absentee use but had not been used for that purposes. There was a difference in the feel. These different ballots included a slight depressed pre-fold so they could be easily folded and unfolded for use in the scanning machines.
There were no markings on the ballots to show where they had come from, or where they had been processed. These stood out. In my 20 years of experience of handling ballots, I observed that the markings for the candidates on these ballots were unusually uniform, perhaps even with a ballot-marking device. By my estimate in observing these ballots, approximately 98% constituted votes for Joe Biden. I only observed two of these ballots as votes for President Donald J. Trump.”
Insecure Voting Machines and Dominion Software
What is Dominion? How are Georgia voting machines not secure? When one decides to go down this rabbit hole, you find yourself scratching your head as to HOW this could happen in the United States. This only happens in communist countries like Venezuela. Let’s get back to that in a moment, but remember Venezuela.
Dominion is a Canadian owned company whose owners and affiliates read like a veritable Who’s Who of DC Swamp Creatures. Dominion was acquired on July 16, 2008 by its management team and Staple Street Capital. According to Gnews.org, Staple Street Capital is a private equity firm founded in 2009 based in New York. The co-founders Stephen D. Owens and Hootan Yaghoobzadeh, both are veterans of The Carlyle Group and Cerberus Capital Management,are also the Board members of Dominion Voting. Stephen D. Owens was a managing director of the Carlyle Group (1998 – 2009), when Hootan Yaghoobzadeh worked for the Carlyle Group (2002 – 2003) and Cerberus Capital Management (2003 – 2009).
William E. Kennard is also an Executive Board Member of Staple Street Capital, also worked for The Carlyle Group. Gnews.org claims that “Kennard was nominated as ambassador to the EU by Barack Obama in August 2009 and is a member of Secretary of State John Kerry’s Foreign Affairs Policy Board. He was a key force behind Obama’s decision in February 2013 to launch negotiations on the ambitious Transatlantic Trade. He was also chairman of the U.S. Federal Communications Commission after being appointed by President Bill Clinton in 1997. Before nominated as ambassador to the EU by Barack Obama in 2009, Kennard was managing director of the Carlyle Group (2001-2009) where he led investments in the telecommunications and media sectors.”
The Carlyle Group isn’t much better, with known connections to Barack Obama, James Baker, Bush family, John Kerry, former UK Prime Minister; Fidel Ramos, former Philippines President; Park Tae Joon, former South Korean Prime Minister; Saudi Prince Al-Walid; Colin Powell, former Secretary of State; James Baker III, former Secretary of State; Caspar Weinberger, former Defense Secretary; Richard Darman, former White House Budget Director; the billionaire George Soros, and members of the Bin Laden family. You can add Alice Albright, daughter of Madeleine Albright, former Secretary of State; Arthur Lewitt, former SEC head; William Kennard, former head of the FCC, to this list as well.
It just so happens some of these names are the same names that keep popping up in the fraudulent Russian Collusion hoax investigation that Robert Mueller spent nearly $40 million on investigating President Trump and found nothing, the fake impeachment of President Trump, and the Ukrainian phone call they used to go after the President, all of which Trump was found not guilty. Moreover, many of these people are tied to numerous government agencies, Corporations, and private firms that President Trump has been fighting since he won election in 2016.
Now, back to Dominion Software, the Canadian owned company. In the United States, there are over 28 states that use this software. However, it doesn’t stop there. In the complaint, Powell states that:
“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. 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.
After selling Sequoia, Smartmatic’s chief executive, Anthony Mugica. Mr. Mugica said, he hoped Smartmatic would work with Sequoia on projects in the U.S., though Smartmatic wouldn’t take an equity stake.” Smartmatic and Dominion were founded by foreign oligarchs and dictators to ensure computerized ballot-stuffing and vote manipulation to whatever level was needed to make certain Venezuelan dictator Hugo Chavez never lost another election. (See Redacted whistleblower affiant, attached as Exh. 2) Notably, Chavez “won” every election thereafter.”
There is mounting evidence that points to Dominion and Smartmatic algorithms being used to manipulate voting machine results without anyone being able to audit or trace the results. As one affiant explains:
“Chavez was most insistent that Smartmatic design the system in away that the system could change the vote of each voter without being detected. He wanted the software itself to function in such a manner that if the voter were to place their thumb print or fingerprint on a scanner, then the thumbprint would be tied to a record of the voter’s name and identity as having voted, but that voter would not be tracked to the changed vote.
He made it clear that the system would have to be setup to not leave any evidence of the changed vote for a specific voter and that there would be no evidence to show and nothing to contradict that the name or the fingerprint or thumb print was going with a changed vote. Smartmatic agreed to create such a system and produced the software and hardware that accomplished that result for President Chavez.”
Reading this complaint, one of the most shocking statements made is that Defendants Governor Kemp and Secretary of State Raffensperger “disregarded all the concerns that caused Dominion software to be rejected by the Texas Board of Elections in 2018, namely that it was vulnerable to undetected and non-auditable manipulation.” This is extremely important because in my opinion it goes to intent. Why would you allow a software that is vulnerable and open to outside manipulation into your state? Why did EVERY battleground state for that matter, allow this software when these problems were already known?
An industry expert, Dr. Andrew Appel, Princeton Professor of Computer Science and Election Security Expert has recently observed, with reference to Dominion Voting machines: “I figured out how to make a slightly different computer program that just before the polls were closed, it switches some votes around from one candidate to another. I wrote that computer program into a memory chip and now to hack a voting machine you just need 7 minutes alone with it and a screwdriver.” The fact that the Defendants knew in advance that other states like Texas refused to award Dominion with a contract due to the overwhelming evidence of fraud and manipulation is direct proof that their intent for this election was less than honorable intentions.
“On March 6, 2020, the DPG, DSCC, DCCC, SOS Raffensperger, and the Members of the Georgia State Election Board executed—and filed on the public docket—a “Compromise Settlement Agreement and Release” (Settlement Agreement). As part of the Settlement Agreement, Raffensperger agreed to issue an Official Election Bulletin containing certain procedures for the review of signatures on absentee ballot envelopes by county election officials for the March 24, 2020 Presidential Primary Election and subsequent General Election. In relevant part, the procedures stated:
When reviewing an elector’s signature on the mail-in absentee ballot envelope, the registrar or clerk must compare the signature on the mail-in absentee ballot envelope to each signature contained in such elector’s voter registration record in eNet and the elector’s signature on the application for the mail-in absentee ballot. If the registrar or absentee ballot clerk determines that the voter’s signature on the mail-in absentee ballot envelope does not match any of the voter’s signatures on file in eNet or on the absentee ballot application, the registrar or absentee ballot clerk must seek review from two other registrars, deputy registrars, or absentee ballot clerks.
A mail in absentee ballot shall not be rejected unless a majority of the registrars, deputy registrars, or absentee ballot clerks reviewing the signature agree that the signature does not match any of the voter’s signatures on file in eNet or on the absentee ballot application. If a determination is made that the elector’s signature on the mail-in absentee ballot envelope does not match any of the voter’s signatures on file in eNet or on the absentee ballot application, the registrar or absentee ballot clerk shall write the names of the three elections officials who conducted the signature review across the face of the absentee ballot envelope, which shall be in addition to writing “Rejected” and the reason for the rejection as required under OCGA 21-2-386(a)(1)(C).
Practices that promote the casting of illegal or unreliable ballots or fail to contain basic minimum guarantees against such conduct, can violate the Fourteenth Amendment by leading to the dilution of validly cast ballots. Under Georgia state law, Legislature instructed the county registrars and clerks to handle the absentee ballots as directed therein. The Georgia Legislature set forth the procedures to be used by each municipality for appointing the absentee ballot clerks to ensure that such clerks would “perform the duties set forth in this Article.”
The Georgia Election Code instructs those who handle absentee ballots to follow a clear procedure:
“Upon receipt of each [absentee] ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or make on the oath with the signature or mark on the absentee elector’s voter card or the most recent update to such absentee elector’s voter registration card and application for absentee ballot or a facsimile of said signature or maker taken from said card or application, and shall, if the information and signature appear to be valid and other identifying information appears to be correct, so certify by signing or initialing his or her name below the voter’s oath. Each elector’s name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct.”
The Election Code goes on to state, If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar’s or clerk’s office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope “Rejected,” giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. It is clear that the Democrat-majority counties performed no signature verification, paving the way for massive voter fraud and illegal vote dumps for Biden.
According to the complaint, on March 6, 2020, the Secretary of State of the State of Georgia, Secretary Raffensperger, and the State Election Board, who administer the state elections entered into a “Compromise and Settlement Agreement and Release” (the “Litigation Settlement”) with the Democratic Party of Georgia, Inc., the Democrat Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee (collectively, the “Democrat Party Agencies”), setting forth different standards to be followed by the clerks and registrars in processing absentee ballots in the State of Georgia.
Under the Settlement, however, the Administrators agreed to change the statutorily prescribed manner of handling absentee ballots in a manner that is not consistent with the laws promulgated by the Georgia Legislature for elections in this state. The Settlement also changed the signature requirement reducing it to a broad process with discretion, rather than enforcement of the signature requirement as statutorily required under O.C.G.A. 21-2-386(a)(l). Thus,paving the way for massive voter fraud since these mail-in ballots did not have to match signatures to the envelopes received.
This Settlement agreement violates both the Electors Clause and Elections Clause in Article II of the U.S. Constitution, as the parties involved in this agreement did not have the Constitutional authority to override the State legislature’s authority to set the “times, manners, and places for the choosing of electors.” This aspect of Ms. Powell’s complaint is similar in argument to the Trump Campaign’s suit in Pennsylvania.
The Smartest Man in the Room
In the recent hours following Powell’s complaint filing, it has been reported that Navid Keshavarz-Nia, an expert witness who stated under oath that there was massive computer fraud in the 2020 election, has joined Powell and submitted a declaration to the complaint. As you will see, his declarations prove what Ignite Liberty reported shortly after the election regarding the nature of the attempted steal.
Mr. Keshavarz-Nia’s qualifications are remarkably extensive. According to his declaration, they took seven pages to list. Among those qualifications listed are the following: “a B.A., M.A., and Ph.D. in various areas of electrical and computer engineering. In addition, “I have advanced trained from the Defense Intelligence Agency (DIA), Central Intelligence Agency (CIA), National Security Agency (NSA), DHS office of Intelligence & Analysis (I&A) and Massachusetts Institution of Technology (MIT).”
Dr. Kershavarz-Nia has spent his career as a cyber-security engineer. “My experience,” he attests,” spans 35 years performing technical assessment, mathematical modeling, cyber-attack pattern analysis, and security intelligence[.]” In other words, he may be one of, if not the most qualified cyber-security experts in the country. In his declaration, Dr. Kershavarz-Nia stated the following:
- Hammer and Scorecard is real, not a hoax (as Democrats allege), and both are used to manipulate election outcomes.
- Dominion, ES&S, Scytl, and Smartmatic are all vulnerable to fraud and vote manipulation — and the mainstream media reported on these vulnerabilities in the past.
- Dominion has been used in other countries to “forge election results.”
- Dominion’s corporate structure is deliberately confusing to hide relationships with Venezuela, China, and Cuba.
- Dominion machines are easily hackable.
- Dominion memory cards with cryptographic key access to the systems were stolen in 2019.
His declaration can be found here: https://www.scribd.com/document/486105599/Affidavit-of-Dr-Navid-Keshavarz-Nia-Phd#fullscreen&from_embed
There are massive allegations listed in Powell’s complaint and if proven we are not only looking at Constitutional violations, and ballot fraud, we are looking at Treason and Sedition against the United States, and even a Coup against a sitting President. It is clear that the Plaintiffs in the aforementioned complaint have no adequate remedy at law and will suffer serious and irreparable harm unless the injunctive relief requested herein is granted.
Powell’s complaint calls for the following relief:
- An order directing Governor Kemp, Secretary Raffensperger and the Georgia State Board of Elections to de-certify the election results;
- An order enjoining Governor Kemp from transmitting the currently certified election results to the Electoral College;
- An order requiring Governor Kemp to transmit certified election results that state that President Donald Trump is the winner of the election;
- An immediate order to impound all the voting machines and software in Georgia for expert inspection by the Plaintiffs.
- An order that no votes received or tabulated by machines that were not certified as required by federal and state law be counted.
- A declaratory judgment declaring that Georgia Secretary of State Rule 183-1-14-0.9-.15 violates the Electors and Elections Clause, U.S. CONST. art. I, § 4;
- A declaratory judgment declaring that Georgia’s failed system of signature verification violates the Electors and Elections Clause by working a de facto abolition of the signature verification requirement;
- A declaratory judgment declaring that current certified election results violates the Due Process Clause, U.S. CONST. Amend. XIV;
- A declaratory judgment declaring that mail-in and absentee ballot fraud must be remedied with a Full Manual Recount or statistically valid sampling that properly verifies the signatures on absentee ballot envelopes and that invalidates the certified results if the recount or sampling analysis shows a sufficient number of ineligible absentee ballots were counted;
- An emergency declaratory judgment that voting machines be Seized and Impounded immediately for a forensic audit—by plaintiffs’ expects;
- A declaratory judgment declaring absentee ballot fraud occurred in violation of Constitutional rights, Election laws and under state law;
- A permanent injunction prohibiting the Governor and Secretary of State from transmitting the currently certified results to the Electoral College based on the overwhelming evidence of election tampering;
- Immediate production of 36 hours of security camera recording of all rooms used in the voting process at State Farm Arena in Fulton County, GA from 12:00 AM to 3:00 AM until 6:00 PM on November 3.
- Plaintiffs further request the Court grant such other relief as is just and proper, including but not limited to, the costs of this action and their reasonable attorney fees and expenses pursuant to 42U.S.C. 1988.
The results of the election are riddled with Constitutional violations both State and Federal. It is also clear that there is no clear remedy at the State level and the results from each State that used Dominion software which as of now is more than 28, should be set aside.
Furthermore, how as American citizens can we accept ANY result from a National election when Canada, Venezuela,and China, all had their hands on the 2020 Presidential election in some way, including the ballot results being sent to foreign servers in Germany and Spain. As of now, there is no action by the Supreme Court to set aside the 50 state election results. However, the more individual states uncover fraud and violations of state election laws, we can definitely see things trending in that direction.
I truly believe the only remedy that exists is for the Supreme Court to set aside all 50 State elections and per the United States Constitution Article 2 Section 1 of the Twelfth Amendment where the House of Representatives shall choose the President and each State’s delegation getting one vote, and the Senate choosing the Vice-President. As of today, there are 31 Republican states and 19 Democrat states which will favor Trump to win the 2020 Presidential election. We all are waiting to see what becomes of this Complaint and to see if those responsible for this massive fraud will be brought to justice.
(**Note-As this article is being written a major win for the GOP was announced in Pennsylvania. PA State Judge upholds halt to Certification, and finds likelihood Mail-in balloting procedures violate the PA Constitution. Link here: https://legalinsurrection.com/2020/11/pennsylvania-state-judge-halts-certification-finds-likelihood-mail-in-balloting-procedures-violate-pa-constitution/)
“Equity will not suffer a wrong to be without a remedy.”
Cody A Brewer, MLS
Contributor, Legal Analyst
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