- Federal Prosecution of Donald J. Trump (2020 Election Case): Judge Upadhyaya presided over the arraignment of former President Donald Trump in the case related to his alleged interference in the 2020 presidential election. During the hearing, she received his plea, set a schedule for pre-trial motions and discovery, established bail terms, and warned him against influencing or intimidating witnesses.
- US Dominion, Inc. v. Byrne: She is overseeing discovery and preliminary matters in this multibillion-dollar defamation lawsuit brought by Dominion Voting Systems against former Overstock CEO Patrick Byrne. Her role in this case has included issuing protective and “Status Quo” orders to secure discovery materials and eventually disqualifying Byrne’s lead counsel, Stefanie Lambert, for “truly egregious misconduct” involving the leaking of confidential internal emails.
- Smartmatic S.A. v. Herring Networks (OAN): Judge Upadhyaya is handling discovery disputes in this billions-of-dollars defamation suit involving allegedly false statements made by One America News Network regarding Smartmatic’s role in the 2020 U.S. election. In this case, she denied a motion for her own recusal, ruling that her prior brief professional involvement in a Venezuelan mining case did not create an appearance of partiality.
- January 6 Capitol Attack Cases: Since her appointment, she has served as a magistrate judge for several proceedings involving individuals charged with alleged offenses committed during the January 6, 2021, attack on the United States Capitol.
- Venable LLP: Updadhyaya served as an associate and partner at Venable LLP, a firm with deep ties to Washington D.C. and the Biden-Harris administration.
- The Emhoff/Harris Connection: Douglas Emhoff, husband of Vice President Kamala Harris, was a managing director at Venable during Upadhyaya’s tenure as a partner. The firm’s PAC (VenPAC) also historically supported Kamala Harris’s political campaigns.
- Attorney for Nicolás Maduro: In February 2019, while a partner at Venable LLP, Upadhyaya (along with colleague Michael B. MacWilliams) entered an appearance and filed documents on behalf of the Bolivarian Republic of Venezuela in Rusoro Mining Ltd. v. Bolivarian Republic of Venezuela (U.S. Court of Appeals for the D.C. Circuit, No. 18-7044). This was an appeal of a district court action enforcing an international arbitral award against Venezuela in a mining expropriation dispute (unrelated to elections or voting technology). The Venable team responded to a motion for stay filed by opposing counsel purporting to represent Venezuela and asserted the Maduro government’s right to defend the Republic’s interests.
- Venezuela-Smartmatic Connection: Venezuela shown to have 25% ownership stake in Smartmatic. Supporting evidence found at stolenelectionsfacts.com and in the book Stolen Elections by Ralph Pezzullo as well as letter from former Head of Security for Hugo Chavez to President Trump indicating nature of Venezuela-Smartmatic connection.
Suspect Actions by Judge Upadhyaya
- Her role in the arraignment of President Trump
- She ordered the removal of Attorney Stefanie Lambert from Patrick Byrne Dominion v Byrne legal team after she shared evidence of criminal violations by Dominion with Sheriff Dar Leaf
- Her refusal to recuse herself in Smartmatic v Herring Networks (OAN) despite previous role in defense of Smartmatic owners
- Her order to destroy evidence of criminal malfeasance obtained during Dominion v Byrne discovery
The Records That Judge With Ties to Smartmatic and Kamala Harris Wants Destroyed
- Evidence of conflicting testimony by Eric Coomer that was used to indict 19 people including President Trump
- Evidence of conflicts between the testimony of Dominion CEO John Poulos under oath and internal Dominion communications
- Evidence of Serbian engineers for Dominion manipulating election results in Antrim County, MI during the 2020 election
Conclusion
It certainly appears to the lay person that Judge Moxila Upadhyaya was placed in her position as DC Magistrate Judge for a reason that extends beyond a desire for her professional advancement.
Citations
The Smartmatic v. Herring Networks recusal order acknowledges that Magistrate Judge Moxila A. Upadhyaya, while at Venable LLP, appeared for the Bolivarian Republic of Venezuela in the Rusoro Mining appeal, where a filing asserted that Nicolás Maduro disputed Juan Guaidó’s claim to the presidency and maintained that Maduro remained Venezuela’s rightful leader. https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2021cv02900/237087/150/
OAN moved to recuse Judge Upadhyaya under 28 U.S.C. §§ 455(a), 455(b)(1), and 455(b)(2), arguing that her prior Venezuela representation overlapped with Smartmatic-related allegations concerning Maduro, Venezuelan election irregularities, and Smartmatic’s alleged Venezuelan ties. https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2021cv02900/237087/150/
Judge Upadhyaya denied the recusal motion, finding no actual bias, no personal knowledge of disputed facts, and no sufficient overlap between Rusoro Mining and Smartmatic’s defamation claims. https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2021cv02900/237087/150/
A Department of Energy/Federal Energy Regulatory Commission notice identifies Mark Maneche among the listed exceptions to a designation of Office of Enforcement staff as non-decisional in a FERC proceeding. https://www.govinfo.gov/content/pkg/FR-2025-11-25/pdf/2025-20865.pdf