King v. Whitmer
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
“overturn[] the will of the people” as evinced by
statements made by some of Plaintiffs' attorneys.
(ECF No. 78 at Pg ID 3636-43.)
The City also contends that Plaintiffs' claims were
not well-grounded in law, in contravention of Rule
11(b)(2). This is so, the City argues, not only
because of Eleventh Amendment immunity,
mootness, laches, and standing, but also because
the factual allegations could not support Plaintiffs'
claims or the relief they requested. (Id. at Pg ID
3658-62.)
The City further contends that Plaintiffs'
allegations were not well-grounded in fact, in
contravention of Rule 11(b)(3):
1. Plaintiffs alleged that “Republican
challengers were not given ‘meaningful'
access to the ballot processing and
tabulation at the Absent Voter Counting
Board located in Hall E of the TCF Center,
” knowing that the assertion lacked
evidentiary support because it was rejected
in Costantino, the state court case decided
before Plaintiffs filed the Complaint (id. at
Pg ID 3644 (citing Am. Compl. at ¶¶ 13,
42, 47, 57, 59-61));
2. Plaintiffs alleged that “Republican
challengers were exclusively barred from
entering the TCF Center, ” knowing that
the assertion was rejected in Costantino
(id. at Pg ID 3645 (citing Am. Compl. at
¶¶ 62-63));
3. Plaintiffs alleged that some absentee
ballots were “pre-dated, ” knowing that the
assertion was rejected in Costantino (id. at
Pg ID 3645-46 (citing Am. Compl. at ¶¶
88, 90));
4. Plaintiffs alleged that ballots were
“counted more than once, ” knowing that
the assertion was both rejected in
Costantino and “conclusively disproven by
the Wayne County canvass” (id. at Pg ID
364647 (citing Am. Compl. at ¶ 94));
5. Plaintiffs alleged that a “software
weakness” in Dominion machines
“upended Michigan's election results, ”
knowing that the “two instances of errors
[to which Plaintiffs cite]-one in Antrim
County and one in Oakland County
(Rochester Hills)”-did not constitute
evidentiary support for the allegation (id.
at Pg ID 3647-49);
6. Plaintiffs “intentional[ly] lie[d]” by
filing the partially redacted declaration of
“Spider”-who Plaintiffs identified as “a
former U.S. Military Intelligence expert”
and “former electronic intelligence analyst
with the 305th Military Intelligence”which was signed by Joshua Merritt, who
never completed the entry-level training
course at the 305th Military Intelligence
Battalion and is not an intelligence analyst
(id. at Pg ID 3651-52 (citing Am. Compl.
at ¶¶ 17, 161));
7. Plaintiffs “intentional[ly] lie[d]” by
filing the declaration of Russell James
Ramsland, Jr., who claimed (i) that there
were “reports of 6, 000 votes in Antrim
County that were switched from Donald
Trump to Joe Biden and were only
discoverable through a hand counted
manual recount, ” when “there were no
hand recounts in Michigan as of that date”;
(ii) “statistically improbable” voter
turnouts, including a turnout of 781.91% in
North Muskegon, where the publiclyavailable official results were known, as of
election night, to be approximately 78%,
and a turnout of 460.51% (or, elsewhere on
the same chart, 90.59%) in Zeeland
Charter Township, where it was already
known to be 80%”; and (iii) that “‘ballots
can be run through again effectively
duplicating them, '” when there were
“safeguards in place to prevent double
counting of ballots in this way” (id. at Pg
ID 3652-54 (emphasis in original)); and
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