Established Fact

Credibility Determinations Without Cross-Examination in Costantino v. Detroit (MI)

Court Procedure, Established Fact, Judicial Malfeasance, Michigan, United States, Wayne County /

Established Fact Wayne County Circuit Court Judge Timothy Kenny denied a preliminary injunction by making definitive credibility findings without an evidentiary hearing. He summarily dismissed sworn affidavits from multiple Republican poll challengers as “incorrect and not credible” while heavily crediting a single defense affidavit from Christopher Thomas, entirely bypassing the adversarial process of cross-examination. No

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Reversal of Discovery Authorization in Fulton County Ballot Inspection Case (GA)

Court Procedure, Established Fact, Georgia, Judicial Malfeasance, United States /

Established Fact In Favorito et al. v. Wan et al. (Henry County Superior Court, Civil Action No. 2020CV343938), Judge Brian Amero on May 21, 2021 entered an order purporting to unseal approximately 147,000 Fulton County absentee ballots for forensic inspection. The unsealing, however, was expressly contingent on the court issuing a further order establishing protocols

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Severe Sampling Limitations in Ward v. Jackson (AZ)

Arizona, Court Procedure, Established Fact, Judicial Malfeasance, United States /

Established Fact The state court restricted forensic document examiners to reviewing only 100 randomly selected mail-in ballots for signature comparisons and evaluated only 1,626 duplicated ballots. The court concluded errors were statistically negligible and dismissed the case, preventing a statistically significant or comprehensive forensic audit of Maricopa County ballots. The arbitrarily narrow discovery perimeter precluded

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Favorito v. Cooney (Fulton Co. Super. Ct.) – One of Three Discovery Cases; Access to Ballots Controlled by Same Officials Who Destroyed Records (GA)

Court Procedure, Established Fact, Georgia, Judicial Malfeasance, United States /

Established Fact Favorito v. Cooney, No. 2020CV343938 (Fulton Cty. Super. Ct.), was among the few post-2020 election challenge cases in which a court authorized physical access to actual election materials: on May 21, 2021, Chief Judge Brian Amero (by designation) granted petitioners’ motion to unseal and inspect and scan the November 3, 2020 general election

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Attorney Threats Used to Deter Election Integrity Litigation in Wisconsin (WI)

Attorney Sanctions, Established Fact, Judicial Malfeasance, United States, Wisconsin /

Established Fact Law Forward and Georgetown University’s Institute for Constitutional Advocacy and Protection (ICAP) pursued civil litigation against Wisconsin’s ten alternate electors and the two Trump campaign attorneys who organized the elector strategy — James Troupis and Kenneth Chesebro — in Penebaker et al. v. Hitt et al., No. 22CV1178 (Dane Cty. Cir. Ct.), filed

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Wisconsin Voters Alliance v. Pence – Proactive Grievance Threat by Federal Judge (WI)

Attorney Sanctions, Established Fact, Judicial Malfeasance, United States, Wisconsin /

Established Fact Following the voluntary withdrawal of Wisconsin Voters Alliance v. Pence — a lawsuit challenging the validity of 2020 election procedures in five states, filed in the U.S. District Court for the District of Columbia — Judge James E. Boasberg issued a show-cause order on January 7, 2021, the same day plaintiffs’ counsel filed

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FALSE “64 Lawsuits Prove No Election Fraud”

About Elections, Advisories, Established Fact, Featured, Press Release /

In the wake of the 2020 election, 64 election lawsuits were filed by the Trump campaign and their supporters.  The popular narrative surrounding these lawsuits is that they were dismissed because they did not present substantive evidence of election fraud. “Over 60 separate lawsuits brought by President Trump’s campaign and its supporters across the country

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Election Systems Are Critical Infrastructure

About Elections, Advisories, Established Fact, Key Concepts /

The designation of U.S. election systems as critical infrastructure is rooted in the broader federal critical‑infrastructure framework that emerged in the late 1990s and early 2000s, particularly after the USA PATRIOT Act formalized the concept and definition of “critical infrastructure” following the 9/11 attacks.  In January 2017 under the Obama Administration, then‑DHS Secretary Jeh Johnson

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How Much Election Fraud Is “Significant”?

About Elections, Advisories, Established Fact, Key Concepts, United States /

2020 Election Analysis To assess the materiality of alleged electoral irregularities in the 2020 presidential election, a threshold analysis must first establish the minimum vote margin required to alter the election outcome. Under Article II of the United States Constitution and the Twelfth Amendment, presidential election results are determined by Electoral College allocation, requiring a

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