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Attorney Sidney Powell suffered losses in two states Monday morning, with judges in both Michigan and Georgia ruling against her clients in lawsuits challenging the election results in those states.
Both cases alleged widespread voter fraud and errors having to do with absentee ballots and vote counting. In the Michigan case, U.S. District Court Judge Linda Parker said that because the election has taken place and its results have been certified, it is too late to grant an injunction.
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“The time has passed to provide most of the relief Plaintiffs request in their Amended Complaint; the remaining relief is beyond the power of any court. For those reasons, this matter is moot,” the judge wrote.
Powell’s lawsuit called for decertification of the results, an injunction blocking state officials from sending the results to the Electoral College, an order to send certified results that name President Trump as the winner, an order for a manual recount for absentee ballots, and an order that votes that were tabulated by machines not be counted unless the machines were certified according to state and federal requirements.
“If granted, the relief would disenfranchise the votes of the more than 5.5 million Michigan citizens who, with dignity, hope, and a promise of a voice, participated in the 2020 General Election,” Parker wrote.
Parker also stated that Michigan law provides a process for how elections may be challenged, including deadlines.
“Plaintiffs did not avail themselves of the remedies established by the Michigan legislature. The deadline for them to do so has passed,” the judge said. “Any avenue for this Court to provide meaningful relief has been foreclosed.”
Sidney Powell, right, speaks next to former Mayor of New York Rudy Giuliani as members of President Trump's legal team during a news conference at the Republican National Committee headquarters, Nov. 19, 2020, in Washington. (AP Photo/Jacquelyn Martin)
Parker further discussed the case’s timing problem by stating that the plaintiffs’ claims are also barred because they delayed unnecessarily in bringing them.
“Plaintiffs could have lodged their constitutional challenges much sooner than they did, and certainly not three weeks after Election Day and one week after certification of almost three million votes,” Parker wrote.
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The judge further expressed doubt that the case would have any likelihood of success, noting that the allegations realistically amount to state law violations, not constitutional ones.
Parker concluded by accusing the plaintiffs of attempting to sow doubt among the public when it comes to democratic institutions.
“[T]his lawsuit seems to be less about achieving the relief Plaintiffs seek—as much of that relief is beyond the power of this Court— and more about the impact of their allegations on People’s faith in the democratic process and their trust in our government,” Parker said.
In stark contrast to Parker’s 36-page order, the federal judge in the Georgia case ruled from the bench, speaking directly to the parties. While Parker merely denied a request for an injunction in the Michigan case, Judge Timothy Batten dismissed the Georgia case.
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Like Parker, Batten pointed to Powell's clients' delay in bringing their claims, according to Law&Crime's Adam Klasfeld.
“The law is pretty clear that a party cannot obtain the extraordinary remedy of injunctive relief unless he acts quickly,” Batten said on Twitter.
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