King v. Whitmer
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
5 See Sam Gringlas, Biden Wins Michigan,
Per The AP, Putting Him 6 Electoral Votes
From Presidency, NPR (Nov. 4, 2020, 6:00
PM), https://perma.cc/S5NL-F9UB; Todd
Spangler, Joe Biden Wins Michigan in
Critical Battleground Election Victory,
Detroit Free Press (Nov. 4, 2020, 6:00
PM), https://perma.cc/3N9J-A5KL.
Instead, at 11:48 p.m. on November 25, 2020-the
eve of the Thanksgiving holiday-Plaintiffs
(registered Michigan voters and nominees of the
Republican Party to be presidential electors on
behalf of the State) filed the current lawsuit
against Michigan Governor Gretchen Whitmer,
Michigan Secretary of State Jocelyn Benson, and
the Michigan Board of State Canvassers. The
following lawyers electronically signed the
pleading: Sidney Powell, Scott Hagerstrom, and
Gregory J. Rohl. (ECF No. 1 at Pg ID 75.) The
Complaint listed the following attorneys as “Of
Counsel”: Emily P. Newman, Julia Z. Haller, L.
Lin Wood, and Howard Kleinhendler. (Id.)
On November 29, a Sunday, Plaintiffs filed, inter
alia, an Amended Complaint (ECF No. 6) and an
“Emergency Motion for Declaratory, Emergency,
and
Permanent
Injunctive
Relief
and
Memorandum in Support Thereof” (“Motion for
Injunctive Relief”) (ECF No. 7). The same
attorneys who electronically signed or were listed
as “Of Counsel” on the initial complaint signed or
were listed on the amended pleading. (ECF No. 6
at Pg ID 957.) The amended pleading also listed
Brandon Johnson as additional “Of Counsel.” (Id.)
§§ 168.730-738” and (ii) “committed a scheme
and artifice to fraudulently and illegally
manipulate the vote count to make certain the
election of Joe Biden as President of the United
States.” (See ECF No. 7 at Pg ID 1840 (citing
“Compl., Section 1”).) Plaintiffs asserted that their
claims were supported by “the affidavits of dozens
of eyewitnesses and the statistical anomalies and
mathematical impossibilities detailed in the
affidavits of expert witnesses.” (ECF No. 6 at Pg
ID 873.) Plaintiffs attached hundreds of pages as
exhibits to their pleadings, some of which
included affidavits from individuals and reports
from purported experts. (See ECF Nos. 6-1 to 630.) Most of these affidavits had been submitted
by different lawyers in prior Michigan lawsuits
challenging the 2020 presidential election. These
other lawsuits include Costantino v. City of
Detroit, No. 20-014780-AW (Wayne Cnty. Cir. Ct.
filed Nov. 8, 2020) and Donald J. Trump for
President, Inc. v. Benson, No. 1:20-cv-01083
(W.D. Mich. filed Nov. 11, 2020). Plaintiffs cited
to these materials in support of the factual
allegations in their Amended Complaint and
Motion for Injunctive Relief.
Plaintiffs asked the Court to, inter alia, decertify
the election results and order Defendants “to
transmit certified election results that state that
President Donald Trump is the winner of the
election ....” (ECF No. 6 at Pg ID 955; ECF No. 7
at Pg ID 1847.) Plaintiffs maintained that this
Court had to issue this relief by December 8,
2020, because, on that date, the results of the
election would be considered conclusive. (See
ECF No. 6 at Pg ID 890; ECF No. 7 at Pg ID
184647.)
By December 1, motions to intervene had been
filed by the City of Detroit (“City”) (ECF No. 5),
Detroit resident and Michigan voter Robert Davis
(ECF No. 12), and the Democratic National
Committee and Michigan Democratic Party
(“DNC/MDP”) (ECF No. 14). As of that date,
however, Plaintiffs had not yet served Defendants
with the pleadings or the Motion for Injunctive
Relief. Thus, on December 1, the Court entered a
text-only order to hasten Plaintiffs' actions to bring
Defendants into the case and enable the Court to
address Plaintiffs' pending motions. Plaintiffs
served Defendants on December 1 (ECF No. 21),
and the Court thereafter granted the motions to
intervene (ECF No. 28) and entered an expedited
briefing schedule with respect to Plaintiffs' Motion
for Injunctive Relief (ECF No. 24).
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