The head of the FEC has reviewed the affidavits and believes President Trump has legitimate accusations of election fraud that a court cannot dismiss:
JTN – The Trump campaign is bringing “legitimate accusations” to court through affidavits of credible witnesses and other evidence used in its challenges to electoral outcomes in various states, Federal Election Commission Chairman Trey Trainor said.
Trainor said his review of evidence, including numerous affidavits claiming voter fraud and a sworn statement by a prominent mathematician flagging up to 100,000 Pennsylvania ballots, met the first level of legal scrutiny under what’s known as motion to dismiss or “Rule 12(b)(6)” of the Federal Rules of Civil Procedure, which would dismiss less credible claims.
Noting the subsequent legal threshold beyond a “motion to dismiss” is the “summary judgment phase,” Trainor said that under this phase, the credibility of witnesses is presumed to be accurate, especially given the caliber of the testimonies Trainor has observed to date.
“When considering a motion for summary judgment, a judge will view all evidence in the light most favorable to the movant’s opponent,” explains Cornell University Law School’s Legal Information Institute website.
“What I would be concerned with, if I were on the other side of these election contests that are going on around the country, is that if you look at the level of evidence that has been provided by these affidavits — hundreds of affidavits that corroborate events that have happened on the ground — in a summary judgment phase of these cases, you have to take the evidence of the plaintiff as being true,” Trainor told “Just the News AM” television show Friday morning.
“The court has to take the evidence of the plaintiff as being true and see whether or not the other side can make a case against it,” added Trainor. “So, the massive amounts of affidavits that we see in these cases show that there was in fact fraud that took place. And the other side really needs to answer these questions.”
On Thursday the Trump campaign, led by former New York City Mayor Rudy Giuliani, presented what it called its “opening statement” in a press conference. Members of the campaign’s legal team reiterated that it would seek to protect the privacy of many of its sworn witnesses, waiting to sharing their identities with the court, to shield them from potential harassment.
With the Trump campaign’s lawsuits in targeted battleground states across the country in various phases of progress through the courts, Trainor said, “At the end of the day, what I would say is that these are legitimate accusations that are going to be tried in court.”
“And we need to let this legal process play out,” Trainor added, “so that we come to a valid conclusion to this election that everybody believes to be legitimate.”
I totally agree, we need to let the legal process play out. I mean why not? If everyone is right and Trump doesn’t have the fraud case he says he has, then let the courts put the kibosh on his case once and for all.
But patience isn’t a virtue in political circles, at least when it comes to the president. Momentum is swinging harder and harder against Trump with more and more coming out against him. For example, I just saw this on Twitter this morning:
“Republicans have given Trump ample leeway to prove his case for ballot fraud…But if there’s no evidence beyond general innuendo, the President’s charges of a stolen election will undermine public faith in the electoral system.”https://t.co/87TMb2AhGc
— Ari Fleischer (@AriFleischer) November 21, 2020
Then you’ve got sitting RINO Senators accusing Trump of trying to subvert the will of the people:
— Mitt Romney (@MittRomney) November 20, 2020
It’s ridiculous. People need to let the courts do their job.
Speaking of Trump, he tweeted this an hour ago:
Big voter fraud information coming out concerning Georgia. Stay tuned!
— Donald J. Trump (@realDonaldTrump) November 21, 2020