A Michigan judge on Tuesday threw out a case alleging fraud in the 2020 election in Antrim County, stating that the plaintiff had already “either received all of the requested relief or is not entitled to the relief requested as a matter of law.”
During a court hearing on Zoom, 13th Circuit Court Judge Kevin Elsenheimer said that plaintiff William Bailey, a resident of Antrim County, had received the relief he sought in February when county clerks conducted a random sample of some 18,000 ballots.
Baily was seeking an independent forensic examination of all of Antrim County’s ballots.
“There is no right either in the constitutional section or the statue for the independent audit that Mr. Bailey seeks,” Elsenheimer told the court. The plaintiff’s claims are, in fact, moot. There is no reason to do it twice.”
The results in Antrim County initially showed Joe Biden winning the race in the Republican county, but tabulation errors were quickly discovered and corrected, flipping the results back into then-President Trump’s favor.
State and county officials blamed human error for the mishap, but Bailey’s lawyer Matthew DePerno recently produced evidence showing how the Dominion Voting Systems machines could be manipulated and votes easily transferred from one candidate to another. A cyber security expert demonstrated how easy it is to flip votes on the tabulator in a video posted on Deperno’s website.
Trump put out a statement last week reacting to Deperno’s findings.
“The major Michigan Election Fraud case has just filed a bombshell pleading claiming votes were intentionally switched from President Trump to Joe Biden,” said Trump.
The number of votes is MASSIVE and determinative. This will prove true in numerous other States.
All Republicans must UNIFY and not let this happen.
If a thief robs a jewelry store of all of its diamonds (the 2020 Presidential Election), the diamonds must be returned.
The Fake News media refuses to cover the greatest Election Fraud in the history of our Country. They have lost all credibility, but ultimately, they will have no choice!
The defendants and Dominion denied these claims.
DePerno and Bailey had been pressing for there own audit of the contest, but the defendants, including Michigan Secretary of State Jocelyn Benson, argued that such an audit did take place and filed a joint motion for summary disposition, claiming, in part, that the court already addressed what the plaintiffs sought in their original complaint. And, as the defense argued, a statewide audit already affirmed the results in February.
“By deciding this motion, the court is not saying that there were no problems in the way that Antrim County conducting it’s November 2020 elections,” Elsenheimer said. “The clerk has admitted that there were challenges and problems in the elections, although the hand count ultimately of the presidential election showed the results were largely consistent with the canvas totals that were entered by the state and reported by the county. Nor am I saying that the processing of election data here wasn’t corrupted or corruptible. I don’t have the facts to make that determination.”
Elsenheimer continued: “The plaintiff’s reports and news of the day, including a computer hack recently of a main petro fuel pipeline on the East Coast might well suggest that this is something that policy makers should be looking into in the future. If election results were to be held for ransom in the future one could only imagine what would happen.”
DePerno told The Epoch Times that he plans on appealing the decision and filing a motion for reconsideration.
“Anticipating the possibility of appeal, this court will take all pending motions under advisement,”the judge noted in his remarks.
DePerno said he considers Elsenheimer “wrong on his interpretation of the Michigan Constitution and wrong on the idea that the secretary of state has her ability to invent her own procedures to ‘audit’ an election even if she’s part of the fraud.”