Election Crime Bureau

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King v. Whitmer, No. 20-13134 (E.D. Mich.) – Dismissed on Five Compounded Procedural Grounds; “Speculation and Conjecture” Language Absent Discovery (MI)

Established Fact

A federal lawsuit seeking to decertify Michigan’s election based on widespread fraud allegations and Dominion machine vulnerabilities was dismissed on five simultaneous procedural grounds: Eleventh Amendment immunity, laches, lack of standing, mootness, and abstention doctrines. The judge additionally characterized the claims as based on “nothing but speculation and conjecture” – language subsequently cited broadly as a “merits” finding. However, the dismissal was procedural, and the “no evidence” observation was made without granting plaintiffs access to discovery, forensic machine logs, network access records, or any of the primary data underlying the forensic claims. The ASOG forensic report (filed as an exhibit) was not subjected to the adversarial discovery process that would ordinarily test expert claims.

Citations

King v. Whitmer Opinion and Order Denying Injunctive Relief (ECF No. 62): https://electioncases.osu.edu/wp-content/uploads/2020/11/King-v-Whitmer-Doc62.pdf | Eastern District of Michigan

King v. Whitmer Sanctions Opinion: https://electionjudgments.org/entity/oql9yrnup4h?file=1638301793228i08hsdab14l.pdf | Eastern District of Michigan