[ale] [OT] Computer Vote Fraud: GA Supreme Court Hearing Mon. July 13th at 10:00 am

Aaron Ruscetta arxaaron at gmail.com
Fri Jul 10 01:57:38 EDT 2009


This notice regards the appeal hearing of the law suit that
challenges the constitutionality of Georgia's use of Diebold
unauditable, zero-evidence, proprietary voting systems.

Sorry to have to post the entire email notice here, but the details
below aren't clearly available on the VoterGA.org web site.

Public presence in the courtroom is very helpful to the cause,
so if you can be present on Monday morning, please do. If
the VoterGA effort seems worthy of a donation, that would
of course be welcome as well.

peace
aaron
===

---------- Forwarded message ----------
From: Garland Favorito <garlandf at msn.com>
Date: Thu, Jul 9, 2009 at 12:07 AM
Subject: Reminder: GA Supreme Court Hearing Mon. July 13th at 10:00 am
To: Garland Favorito <garlandf at msn.com>


Hello all VoterGA Supporters,

This is the final reminder about the oral argument hearing on Monday
July 13th at 10:00 am in the Georgia Supreme Court. Directions and
additional information are available under the Events tab at the
www.VoterGA.org

 web site. This is a great chance to be a part of history, experience
a rare opportunity and make a good impression on the court.



The hearing will be primarily for the lawyers to make brief comments
and the justices to ask questions. The arguments are more of a
formality since the case will be decided by the content of the briefs,
not what is said in the courtroom. We do not expect any type of
ruling. That will likely come later when a ruling is issued.



There are three possible outcomes, I can think of, two of them good:

·         The court may uphold the lower court rulings;

·         The court may grant us a trial with instructions to the
lower court based on the 17 errors of fact and conclusions that we
disputed in the lower court’s findings;

·         The court may overturn the denial of our original Summary
Judgment motion and grant us a victory which cannot be appealed by the
state



We have reviewed the Appellees brief and will dispute over 40 claims
in their Statement of Facts, Summary and Arguments. We plan to file a
supplemental document outlining these areas of dispute if the court
allows. When facts are in dispute, a trial must be granted to us as
the Appellants. The Appellees identified a couple of additional cases
that partially support their claims to deny our Motion for Summary
Judgment but the bottom line is this: All U.S. Supreme Court case law
requires strict scrutiny of counting and recounting complaints. Strict
scrutiny shifts the burden of proof to the state and they cannot bear
such a burden in light of the evidence collected. Nevertheless, it may
be somewhat difficult to get the state to rule against itself in spite
of the law and evidence we present in our written arguments. Should we
still receive an unfavorable ruling we have the option of taking a
subset of the case to the U.S. Supreme Court.



The Georgia Supreme Court is located across the street and around the
corner from the state Capitol. The address is:

40 Capitol Sq SW # 507
Atlanta, GA 30334

On a final note, although Walker and Todd are working for a fraction
of what this suit really should cost, we are still a couple of
thousand dollars short in the effort to pay the legal costs of the
Georgia Supreme Court appeal. It would be tremendous if we could
collect enough to cover this deficit by Monday, the day of the
hearing. Many of you have already taken up the challenge and become
sustaining members of this effort. I am asking that everyone spend a
few minutes this weekend to contact someone you know who cares about
this issue and try to personally solicit a donation. As always,
contributions to VoterGA are tax deductible  and we are an all
volunteer organization with no paid staff so that 100% of all
donations goes directly to offset the legal expenses to restore the
integrity of elections in Georgia. Please click here to make a
donation or mail your contribution to:

Voter GA P.O. Box 808 Decatur, Ga. 30031

Thank you,
Garland
404 664-4044 CL



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