The Georgia AG Amicus Brief
On Good Friday, April 2nd Georgia Attorney General (AG) Chris Carr attempted to crucify a critical transparency initiative that will help restore voter confidence in Georgia elections. Carr filed an amicus brief that day on behalf of Secretary of State (SOS) Brad Raffensperger to put the state on public record as adamantly opposing election transparency. The brief contends that Georgians have no right to view the November 3rd election ballots that four senior poll managers swore were counterfeit when auditing Fulton County mail-in ballots during a hand count audit conducted on November 14th and 15th.
While the Georgia AG has an obligation to defend the SOS if the SOS is sued, Carr is under no obligation to voluntarily file any type of brief when the SOS is not a party to the court case. But Carr not only put his own Georgia Bar number (112505) on it, the brief included the Bar numbers for Deputy Attorney General Ryan Webb (743580) and Senior Assistant Attorney General Russell Willard (760280). The brief was signed and argued (albeit ineffectively) by Assistant Attorney General Charlene McGowan (679316) during an April 13th hearing when the court ordered Fulton County to turn over ballot images.
Those images were granted to petitioners in the Fulton County mail-in ballot inspection lawsuit known as Favorito v. Cooney. The petitioners in that case immediately filed a reply brief explaining a variety of false arguments in Carr’s brief. We outlined seven false arguments in the 7th installment of our Georgia Election Integrity series. That is an average of nearly one per page for the 8-page brief. Some examples:
Carr’s brief is triggering a rash of non-partisan disgust statewide. The Constitution Party of Georgia (CPGA) has initiated a petition that details false premises of the brief, outlines its negative impact on Georgia voters and calls for Carr to leave public office. Various committees in his own Republican Party are unwilling to defend Carr and are circulating resolutions of censure, resignation or other punitive actions against him. CPGA Chairman Ricardo Davis summarized the danger of Carr’s most offensive and egregious claim: "It is outrageous for the Attorney General to threaten citizens with possible felony accusations when they exercise their legal rights to validate election results by inspecting the ballots."
The Tea Party Patriots Foundation Brief
Last week the Tea Party Patriots Foundation (TPPF) entered their amicus brief in support of the citizen petitioners. CDM Press exclusively learned today that they are being joined by the Filipino, Latino, Asian Movement for Empowerment (FLAME). The new brief contains facts the Carr brief craftily omits:
In regards to Fulton’s State Farm Arena mail-in ballot processing, the brief points out that:
The TPFF brief also cites statistics of potential statewide fraud not investigated by Raffensperger:
The new brief then points out the lack of credibility of Raffensperger, Carr’s client:
Finally, the 27-page brief concludes that:
The person ultimately making the argument for the SOS is his attorney, Chris Carr. As we mentioned, the most blatant example of bad faith is Carr’s argument that anyone participating in a court ordered ballot inspection may be guilty of a felony. The referenced law is written in an code Article that clearly applies to the conduct of elections, not a court ordered inspection of sealed ballots. [O.C.G.A. 21-2-574]. The new brief counters Carr’s argument:
As we pointed out in our 7th installment, if Carr thinks court ordered ballot inspectors could be felons, then his client, Raffensperger, is guilty of a thousand counts of criminal solicitation for authorizing Georgians to handle ballots as auditors in the November, 2020 hand count audit.
While amicus briefs will likely have little or no impact on the ballot inspection lawsuit, the Carr brief demonstrates how he is operating in bad faith and subverting the rights of the people of Georgia. It exposes how deep Georgia government corruption really is. We think the people who sign the petition are right. It is time for Chris Carr to return to private practice.
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