King v. Whitmer
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
Cir. 2019) (citations omitted) (explaining that
“reasonable inferences from the evidence” are
allowed but not “mere speculative inferences”);
see also id. (quoting Cold Metal Process Co. v.
McLouth Steel Corp., 126 F.2d 185, 188 (6th Cir.
1942) (“An inference is but a reasonable
deduction and conclusion from proven facts.”)).
b) Counsel's presentment of conjecture and
speculation as evidentiary support for factual
assertions
Plaintiffs' counsel presented affidavits that were
based on conjecture, speculation, and guesswork.
To support the allegation that “unsecured ballots
arrived at the TCF Center loading garage, not in
sealed ballot boxes, without any chain of custody,
and without envelopes, after the 8:00 PM Election
Day deadline, ” Plaintiffs quote the affidavit of
Matt Ciantar (“Ciantar Affidavit”), 52, 53 which is a
masterclass on making conjectural leaps and
bounds:
52 (ECF No. 6 at Pg ID 943 ¶ 190(k) (citing
IIC); see IIC - “Additional Violations of
Michigan Election Code That Caused
Ineligible, Illegal or Duplicate Ballots to
Be Counted, ” Subsection 7 - “Election
Workers Accepted Unsecured Ballots,
without Chain of Custody, after 8:00 PM
Election Day Deadline, ” ECF No. 6 at Pg
ID 906 ¶ 103 (quoting Ciantar Affidavit,
ECF No. 6-7 at Pg ID 1312-14).)
53 Plaintiffs also reference the Gustafson and
Meyers
Affidavits
to
support
this
allegation. (ECF No. 6 at Pg ID 905-06 ¶¶
100-03.) For the reasons discussed above
(see supra 58, 63-64), these two affidavits
are of little to no evidentiary value.
The afternoon following the election[, ] as
I was taking my normal dog walk (midafternoon), I witnessed a dark van pull into
the small post office located in downtown
Plymouth, MI. I witnessed a young couple
. . . pull into the parking lot . . . and
proceed to exit their van (no markings) . . .
and open[] up the back hatch and
proceed[] to take 3-4 very large clear
plastic bags out . . . and walk them over to
a running USPS Vehicle that appeared as
if it was “waiting” for them....
There was no interaction between the
couple and any USPS employee which I
felt was very odd....They did not walk
inside the post office like a normal
customer to drop of[f] mail. It was as if the
postal worker was told to meet and
standby until these large bags arrived....
[T]he bags were clear plastic with
markings in black on the bag and on the
inside of these clear bags was another
plastic bag that was not clear (could not
see what was inside) .... [There were] what
looked like a black security zip tie on each
back [sic] as if it were “tamper evident”
type of device to secure the bag.... [B]y the
time I realized I should take pictures of the
bags once I noticed this looked “odd[, ]”
they had taken off.
The other oddity was that [sic] the
appearance of the couple. After the drop,
they were smiling, laughing at one another.
What I witnessed and considered that what
could be in those bags could be ballots
going to the TCF center or coming from
the TCF center ....
(ECF No. 6-7 at Pg ID 1312-14 (emphasis
added).)
When the Court asked Plaintiffs' attorneys how
any of them, as officers of the court, could present
this affidavit as factual support of anything alleged
30
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