Legal AF by MeidasTouch - Georgia Court Makes MAJOR RULING on Election…Trump MAD
Episode Date: October 15, 2024MAGA and Trump have suffered a major setback in their plans to disrupt the voting in Georgia by delaying certification of the vote with an Atlanta area judge ruling that under all circumstances, a cou...nty board of election must certify its results by the dates required in Georgia law and cannot any circumstances refuse to certify the vote total. Michael Popok analyzes the first of 2 orders to be issued by Judge McBurney to address MAGA’s last-minute plans to try to tip the election to Trump. Thanks to HIMS! Start your free online visit today at https://hims.com/legalaf for your personalized ED treatment options. Join the LegalAF Patreon: https://Patreon.com/legalAF Remember to subscribe to ALL the MeidasTouch Network Podcasts: MeidasTouch: https://www.meidastouch.com/tag/meidastouch-podcast Legal AF: https://www.meidastouch.com/tag/legal-af MissTrial: https://meidasnews.com/tag/miss-trial The PoliticsGirl Podcast: https://www.meidastouch.com/tag/the-politicsgirl-podcast The Influence Continuum: https://www.meidastouch.com/tag/the-influence-continuum-with-dr-steven-hassan Mea Culpa with Michael Cohen: https://www.meidastouch.com/tag/mea-culpa-with-michael-cohen The Weekend Show: https://www.meidastouch.com/tag/the-weekend-show Burn the Boats: https://www.meidastouch.com/tag/burn-the-boats Majority 54: https://www.meidastouch.com/tag/majority-54 Political Beatdown: https://www.meidastouch.com/tag/political-beatdown Lights On with Jessica Denson: https://www.meidastouch.com/tag/lights-on-with-jessica-denson On Democracy with FP Wellman: https://www.meidastouch.com/tag/on-democracy-with-fpwellman Uncovered: https://www.meidastouch.com/tag/maga-uncovered Coalition of the Sane: https://meidasnews.com/tag/coalition-of-the-sane Learn more about your ad choices. Visit megaphone.fm/adchoices
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This is Michael Popak, Legal AF. The MAGA strategy
of putting on election boards, state and county,
MAGA people, Trumpers has suffered
a setback at least in Georgia. In Georgia there's two lawsuits joined together in
front of Judge McBurney in the Fulton County Courthouse that's in the Atlanta
area. In the two different cases both joined together in front of Judge
McBurney in one, Julie Adams, who's a MAGA
who sits on the Fulton County Election Board, has argued in her case that she has the power
to delay certification of the results of the election on election day under new rules passed
by the state election board, which is also MAGA
controlled 3 to 2, because they passed in the last 60 days two new rules never
before seen in Georgia, part of the MAGA strategy state by state, the battleground
states to take away your right to vote. They passed two rules at the state level,
reasonable inquiry rule, sounds reasonable on its face, but it's not.
And the examination rule, to empower local county boards,
like the one Julie Adams is on,
to throw sand in the gear of certification,
where she can hold up her hand and say,
I want to make a reasonable inquiry,
and I want to do an examination of all of the ballots
and have everything hand counted and have a,
no, I don't think that's right and hold up certification.
By law, you have to in Georgia certify the results
of the election that happens on November 5th,
a week later on November 12th.
Then the state certifies by the 11th of December and
then we're at Jan 6th all over again in Washington. Judge McBurney has decided he
needed to add some clarity to what he saw as vague new rules by the state
election board about what is reasonable inquiry, what is the examination rule, and
what do you do with the brick wall of a deadline that things have to be done in this case by the 12th of November and he
has cleared up at least in one of the two cases in front of him, the one brought
by Julie Adams, and by ruling that no board member can refuse to certify the
election as the superintendent of elections for that county, can't refuse
to certify, notwithstanding
the reasonable inquiry rule or the examination rule. Here's what he said in his declaration.
It's a declaration because in this case, Julie Adams asked to have the court declare her rights.
We call that a declaratory judgment action. It's not seeking money, not seeking damages.
It's seeking a ruling, a pronouncement by the court.
And here is the pronouncement by the court.
The court declares the following.
A, an election superintendent's role in certifying election results pursuant to the Georgia statute
is ministerial, even though many other aspects of her position are discretionary.
Every county has an election superintendent or supervisor.
Regardless of the characterization of the election superintendent's role,
the certification pursuant to the Georgia code is mandatory. You must certify. Then he gets to
the brick wall of the date by which it must be certified. Consequently, no election superintendent or member of a board of elections and registrations. So in Georgia they call
the local board the the BER, the board of elections and registrations. A little
different in every state. The state board is the SBE, the state board of elections.
State board of elections in MAGA control.
Local boards, it depends on who got on there.
In the case of Julie Adams, she wormed her way
onto the County, Fulton County Board,
but she's in the minority.
So he concludes this way, Judge McBurney concludes this way.
If in performing her responsibilities under the code
to inspect systemically and thoroughly the conduct of primaries and elections in the several precincts
of his or her county to the end the primaries and elections may be honestly, efficiently,
and uniformly conducted, an election superintendent or member of a board of elections and registration
determines a need for election information from the staff of the superintendent's office or of the
board, that information, if not protected from disclosure by law, should be
promptly provided. However, any delay in receiving such information is not a
basis for refusing to certify the election results or abstaining from
doing so. So basically he's telling Julie Adams, you can go abstain yourself. Let me rephrase that.
He's saying to her or any of the MAGA, they're trying to monkey around with the county
boards where they're particularly in the minority. You got to certify. You either certify or abstain.
Majority certifies. The majority on that county board certifies. You don't want to
participate, you want to take your practice ball and go home, go ahead. But it gets done by the
date certain that's established in Georgia law. So here's Judge McBurney. This is his first of
two opportunities to shape the contours of what he sees, what he has declared to be a vague new
set of rules by the state election board at the top,
controlled three to two by MAGA.
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Price varies based on product and subscription plan. Three to two MAGA, so MAGA that when Donald Trump came
to Georgia two months ago, he did a shout out
to all three of them by name.
And one of the guys, particularly is trying to get a job
apparently with the Environmental Protection Agency,
regional directorship, if Donald Trump were to win.
So that's how MAGA they are.
This is part of the, let me take a step back for a minute
and take the plane up 3000 feet, look down. This is part of the, let me take a step back for a minute and take the
plane up 3,000 feet, look down. This is part of the strategy we've been talking about here on Legal
AF, where it started in 2020 to seed these boards and election workers and get superintendents and
supervisors of election up to the state board and secretaries of state on certain states to be MAGA
so that there is a delay
so that when the results come in inevitably on election night
and usually Republicans vote more on election day
and Democrats vote more early voting, mail-in voting,
absentee voting and the like.
So the initial results will show,
it may well show that Donald Trump is in the lead,
but nobody will declare the state for Donald Trump
until all the ballots are counted,
and that takes a minute.
But with the combination of,
it looks like Donald Trump has enough votes in the state
to declare it, subject to the count and this
certification review and analysis reasonable inquiry process to delay, to allow time for
a lawsuit to be filed, to delay further.
And all this happens, you know, so that we don't know until Jan 6th who won, putting
aside the attempted use of fake
elector certificates again. So this is what we're seeing here through this pinhole
is the strategy, the fariest strategy of Donald Trump and the Republicans in the MAGA. And now
one judge whistling in the wind has stood against it. Now he's got two cases in front of
them, one of them brought by Julie Adams that he just ruled on, which is you, Julie
Adams, you don't have the right to delay certification. You want to abstain,
abstain. But you can't delay it. You can't use the new rules to delay it. The dates
have to be met as allowed in the Georgia, as provided in the Georgia Code. The
other case that's joined together in this case is that the
Democratic National Committee, or yes, the DNC and the Georgia Democrats have another competing case
that's also, or a companion case in along with this one, in front of the same judge, Judge McBurney,
on the ultimate issue of whether the state election board, these rules can be properly applied to this election or at all.
And he hasn't made that ruling yet. Follow us here on Legal AF and on our new channel.
We had to spread our wings and get our own channel in collaboration with the Midas Touch Network.
Legal AF MTN for Midas Touch Network, where we sit at that law and politics intersection
and bring it to you just like this. We're going to give you the update because this is not a complete ruling, although I
know it's been reported that way in other corporate media.
So I'll bring it to you right here.
That's the headline.
Judge McBurney, who's a pro, by the way, last note on McBurney, he is a profile in courage.
He's the guy that two weeks ago took on his own Georgia Supreme Court to tell them to
go legal AF themselves, that a
woman had a right to choose and had the right to an abortion under Georgia constitutional privacy law.
Now the Georgia Supreme Court turned around a day later and said, no, you got that wrong,
and took away a woman's right to choose and slammed the gate again on women being first-class
citizens in Georgia. But McBurney stood up to them.
And he's also the judge, you may remember his name
from other reporting on Legal AF and on our podcast
where he was the judge that originally supervised
the grand jury, not the main grand jury,
but the grand jury that made recommendations
to Fonny Willis as to whether she was gonna bring
her indictment at all. So that special purpose grand jury was supervised by McBurney, who was at the
time the Chief Justice or Chief Judge of Fulton County. A lot of detail about McBurney. I think
he's an interesting cat. I wanted you to know more about him. And then this isn't the last end
result. As you could tell from my comment about the Georgia Supreme Court, the loser of
this matter right here that I just reported on is going to take it to there's two levels of appeal
in Georgia ending with the Georgia Supreme Court. And they're going to be running off and doing
emergency applications all over the place based on this, because they got to get clarity before
the election starts. Voting has already started, but until the certification is required in less
than a month. Michael Popak reporting for Legal Aid. In collaboration with the Midas Touch Network, starts. Voting has already started, but until the certification is required in less than
a month. Michael Popak reporting for LegalAid. go to YouTube now and free subscribe at Legal AF MTN.
That's at Legal AF MTN.