LISTEN: Republican-appointed judge tears into Sidney Powell
Sidney Powell on Fox Business (screengrab).

Republican-appointed Judge Timothy C. Batten handed it to President Donald Trump's former lawyer Sidney Powell for her so-called "Kraken" case.


Powell's case included conspiracy theories about voting machines, several typos, and hundreds of voter fraud accusations that didn't have any evidence.

In the case of the electronic voting machines, Powell accidentally cropped out the date of certification, in her accusation that there was no certification date.

"Additionally, I find that the plaintiffs waited too long to file this suit," said Batten in his decision. "Their primary complaint involves the Dominion ballot marking devices. They say that those machines are susceptible to fraud. There's no reason they could not have followed the Administrative Procedure Act and objected to the rule-making authority that had been exercised by the secretary of state. This suit could have been filed months ago, the timing that the machines were adopted, so that the plaintiffs waited over three weeks after the election to file the suit -- there's no question in my mind that if I were to deny the motion to dismiss the matter would be brought before the 11th Circuit and the 11th Circuit would reverse me. The relief that the plaintiffs seek this court cannot grant."

He explained that the request to "de-certify" the election results isn't even a possibility because the process for that doesn't exist.

"Finally, in their complaint, the plaintiffs essentially ask the court for perhaps the most extraordinary relief ever sought in any federal court in connection with an election and they want this court to substitute its judgment for that of 2.5 million Georgia voters who voted for Joe Biden, and this I am unwilling to do.”

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