The federal judge overseeing high profile attorney Sidney Powell’s election lawsuit in Georgia issued a temporary restraining order late Sunday night, declaring that election officials were barred from wiping or altering Dominion voting machines used in the November election.
The emergency order was the third issued in so many hours over Powell’s lawsuit seeking an emergency order to see “voting machines be seized and impounded immediately for forensic audit by plaintiffs’ experts.” U.S. District Judge Timothy Batten Sr. overturned his first order when defendants argued that the machines were not in their possession, and that the relevant parties were not listed in the lawsuit.
“Plaintiffs’ request fails because the voting equipment that they seek to impound is in the possession of county election officials. Any injunction the court issues would extend only to defendants and those within their control, and plaintiffs have not demonstrated that county election officials are within defendants’ control,” the judge wrote.
“Defendants cannot serve as a proxy for local election officials against whom the relief should be sought.” Defendants listed in the case (pdf) were state election board members Chairman Brad Raffensperger, Vice Chair Rebecca Sullivan, David Worley, Matthew Mashburn, and Anh Le. Then at 10:10 p.m., Batten again overturned his earlier order (pdf), and declared that defendants had until 5 p.m. Dec. 2 to respond against the new motion by plaintiffs seeking to allow their experts to perform forensic inspection of Dominion voting machines in Cobb, Gwinnett, and Cherokee counties.