OPINION: This article may contain commentary which reflects the author's opinion.
A Pennsylvania court has issued a major victory for accountability and transparency in U.S. elections.
“The Commonwealth Court of Pennsylvania has ruled in favor of The Amistad Project and Fulton County, Pennsylvania, allowing the county to send its Dominion voting machines to the State Senate for inspection on January 10,” the group stated in a press release.
“The court recognized that it was improper to demand that the county – which owns the machines, and has the responsibility of running the election along with the legislature – can’t determine whether the machines worked properly,” said Phill Kline, director of The Amistad Project, the non-profit group that filed the lawsuit. “As the judge noted, there’s no justification for preventing the county from looking at their own machines.”
Pennsylvania’s attorney general and secretary of state, both Democrats, sued to block the inspection.
The inspection was originally scheduled for December 22, but Commonwealth Court Judge Mary Hannah Leavitt held that it must be allowed to proceed, “with a short delay to allow experts from both sides to come up with a formal protocol for the inspection.”
“Executive branch officials were trying to stop the inspection altogether, but the judge did not grant their emergency motion to stop the inspection,” explained Amistad Project attorney Tom King. “They did not go to court seeking a delay; they sought to stop it, and they lost.”
“The court recognized that it was improper to demand that the county – which owns the machines and has the responsibility of running the election along with the legislature – can’t determine whether the machines worked properly,” Amistad Project Director Phill Kline said.
In a separate case, a federal judge in Denver delivered an ultimatum in a case against Dominion Voting System.
Judge Philip Brimmer, who is overseeing a case alleging racketeering against Dominion Voting Systems, told the plaintiffs they must document their residency before the case can move forward.
Dominion provided many of the voting machines used during the 2020 presidential election.
Brimmer has ordered the plaintiffs in the case against Dominion to explain their residences, as there needs to be diversity for a federal case to continue.
The plaintiffs, from Michigan, have accused Dominion of violating the Racketeer Influenced and Corrupt Organization Act and claim the company intimidated its critics after the 2020 elections by sending cease and desist letters to those who expressed criticism of the company.
The complaint explains, “Generally, Plaintiffs are everyday Americans. They are fathers, mothers, daughters, and sons. They are the neighbor you say good morning to on your way to work. They are Americans trying to participate in a public debate about election integrity and security. Plaintiffs have been intimidated from participating in the debate, however, because of Dominion.”
“The lawsuit takes aim at approximately 150 letters Dominion has sent to individuals asking that they stop defaming the company and requesting that they preserve certain types of materials, including communications with the campaign of former President Donald Trump and lawyers associated with him who have promoted unfounded claims of election fraud.”
The plaintiffs allege Dominion used the letters and threat of litigation to “chill the free speech” of those critical of the election.
“Generally, Plaintiffs are everyday Americans. They are fathers, mothers, daughters, and sons. They are the neighbor you say good morning to on your way to work,” reads the federal complaint filed in September. “They are Americans trying to participate in a public debate about election integrity and security. Plaintiffs have been intimidated from participating in the debate, however, because of Dominion.”
Judge Brimmer issued an order for the plaintiffs to explain why he should not dismiss the case for lack of jurisdiction.
Brimmer gave the plaintiffs until Dec. 6 to answer the domicile question before the case could proceed any further.
Meanwhile, Dominion itself has sued the conservative media outlets One America News Network and Newsmax for pushing election fraud claims that implicated Dominion.
