November 23, 2020
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When attorney Sidney Powell said last week that she was getting ready to “release the Kracken,” there was no clue that President Trump’s legal team would distance itself from her just days later, as it seemingly has done. So, what does this mean? It depends on who’s talking. One could speculate that Powell’s claims, whether eventually provable or not, might not mesh with the team’s immediate strategy, mostly because of time constraints.

BREITBART quoted a White House source (for what that's worth) as saying “the scope of Powell’s public claims had gone beyond the scope of the evidence they had seen and believed they could prove in court.”

As THE EPOCH TIMES reported, Trump’s personal attorney and head of his re-election effort Rudy Giuliani issued a statement that “Sidney Powell is practicing law on her own. She is not a member of the Trump Legal Team. She is also not a lawyer for the President in his personal capacity.” It’s not clear from this statement if she ever was a part of Trump’s official team.

Trump himself has sort-of referred to her in that way, listing her among their “lawyers and other representatives.” Even THE EPOCH TIMES’ headline was unclear, describing her as part of “their election legal effort.”

Powell appeared with the team during their big press conference of November 19. Whether or not she was officially a member at that time, it certainly appeared so.

But this “distancing” might be about something else entirely. Michael Flynn, Jr., son of Powell’s looooongtime client Lt. Gen. Michael Flynn, aimed to clear it up with a message on Parler, saying, “Cannot confirm yet but I’m confident this has to do w money coming in for legal defense fund [support]. Sidney Powell has her own separate entity 4 legal donations that isn’t in conjunction with the Trump legal team. Frees SP to do her own thing...which will STILL b biblical. Give this the 24 hour rule.”

That’s what we always do. Here’s Flynn later: “Can confirm this parlay...Sidney Powell is free to focus and not be tied to having to vett everything through the campaign.”

Here's how Andrea Widburg in an opinion piece for AMERICAN THINKER dissects the story. (She does believe "epic fraud" took place, but the allegations are so huge that I'm waiting to see what Powell has.)

Powell told NEWSMAX that “we’ve got tons of evidence; it’s so much it’s hard to pull it all together.” Of course, they do have to pull it all together for it to be worth anything. As we’ve cautioned, showing that votes COULD have been changed is not the same as showing they WERE changed.

On Sunday, Michael Steel, spokesperson for Dominion, was interviewed on FOX NEWS, and he told Eric Shawn it was “physically impossible” for the machine to switch votes.

But reportedly, Steel is also a former strategist for John Boehner, Paul Ryan and Jeb Bush, so what’s going on here? This strong opinion piece –- repeat, opinion –- from NOQ REPORT is highly skeptical of his defense of Dominion. I pass it along to you so you’ll have more to go on as we all try to unravel this story.

Incidentally, here’s a story from NBC NEWS about the problems with Dominion voting machines. I know, hard to believe they'd cover that, right? But it’s from 2019, when it was okay for the MSM to report such things.

Moving to another question, since this is civil litigation, what kind of evidence is needed? Mark Levin, on Sunday’s LIFE LIBERTY & LEVIN (which was recorded before the latest on Powell and has little to do with her claims), said filing a civil complaint requires “a reasonable basis in fact and law. Allegations can be made on information and belief.” A motion to dismiss assumes everything in the complaint is true --- interesting --- and then asks if relief can be granted for that complaint.

I would add that, of course, this has to do with what form the “relief” takes. If it means canceling out millions of votes, the complaint would have to be serious indeed.

Levin finds it troubling that some cases brought by Trump’s team have been dismissed when they shouldn’t have been. (Of course, when this happens, the media don’t question it; they just say Trump lost another case.) The threshold should be fairly easy to reach that allows the case to go forward and lets the plaintiffs seek “expedited discovery.” Since time is of the essence, he said, “discovery can be ordered immediately.”

In civil litigation, he said, “unexplained significant deviations from expected results --- mathematical inconsistencies supported by experts --- should be more than sufficient to establish a reasonable basis to file a complaint and justify fast discovery.”

Aha –- we definitely have mathematical inconsistencies, very big ones, supported by experts. This should be enough to advance a civil case. Those who say “there is no evidence” are wrong.

It seems to me that judges, in dismissing these cases, are cutting Trump’s team off at the knees before they can go forward with discovery to gather the evidence they'd need to take to trial. Such rulings prevent the lawyers from fact-finding, and that might be their purpose.

Levin reminds us that the Trump team has collected “hundreds and hundreds” of affidavits, sworn under penalty of perjury (meaning jail, unless you’re on Team Hillary), from “election workers, state officials and civilians."

We also have the question of who makes election laws. The Constitution says state legislatures do this, not governors or state supreme court justices. This distinction will come into play in Pennsylvania, and that’s why Justice Sam Alito ordered Pennsylvania to keep late-arriving ballots separate, pending future rulings.

Dershowitz has maintained this is a strong Supreme Court argument for the Trump team, as well as equal protection, as he said on FOX NEWS. Still, he believes that the strongest case, “if they have the evidence,” is the one about voting machines turning hundreds of thousands of votes.

Recall that in the months before the election, Democrat lawyers such as Marc Elias (of Hillary law firm Perkins Coie) brought over 300 lawsuits to change voting rules in various states, all with the result of making fraud easier if not downright institutionalized. JUDGES made these decisions, when the Constitution says state legislatures are supposed to do it. Some of these changes call into serious question the accuracy of the vote count.

Levin says the legislatures in these states should have issued resolutions early on, stating that THEY had a duty to ensure Article II of the Constitution is upheld, that THEY make the election laws and that THEY declare these judges’ rulings null and void. If they had, they would've headed off all kinds of chaos. But they didn’t.

Powell may have gone “a bridge too far” in her claims, but we shall see. She has a sterling reputation, and her determined, measured handling of the Flynn case makes it hard to believe she’s saying things she can’t back up or isn’t confident she’ll be able to. As I've said, this seems startlingly out of character for her, so much so that we suspected there was something about it we just didn’t know. But now we have an idea what that might be.

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Comments 1-25 of 28

  • Deborah A Butler

    11/25/2020 09:26 AM

    Sidney Powell would NEVER claim to have irrefutable proof of fraud that will overturn the election if she did not have it! Robert David Steele is adamant that President Trump will be inaugurated for a second term on January 20th and Dementia Joe Biden will never be president of the USA. Don't take my word for it, look up RDS yourself, all his videos and websites are free but one.

  • George Thiessen

    11/24/2020 10:30 PM

    WE JUST HAVE TO WAIT FOR THE JUDICIARY TO CHIME IN

  • Jeanie Greer

    11/24/2020 09:12 PM

    Great article. Atty. Powell has a huge following waiting and hoping that SCOTUS will see this as a fraudulent way in the seizing power of our nation. All my hope along with many pray their decision will be a strong message to the coming generations. Fraud during our sacred elections will not be tolerated.

  • John N. Gray Sr.

    11/24/2020 03:00 PM

    If Sidney Powell has the smoking gun material that I now believe she has, we need that information directed to the Supreme Court immediately. Biden is not the so called possible President until our total election is completed and settled in the courts.

  • Kathie Welch

    11/24/2020 11:19 AM

    There is a plethora of credible evidence of voter fraud and manipulation that there should be a halt on declaring a victory until these evidences are investigated. What good does it do to declare anyone a victor when there is such evidence against it?

  • Carolyn werner

    11/24/2020 09:46 AM

    Let her go after whatever she can this is a crooked race we all know it and we need to put a stop to it we need to have Trump back in office to clean up these criminals. Let’s go to one vote per state since this would be the most legal way to get jump back into office.

  • Chris Jenkins

    11/24/2020 09:33 AM

    Biden received more votes than barack obama? Trump received more votes than 2016 election. Obvious there were more votes counted than actual votes made?

  • Tim hill

    11/24/2020 09:15 AM

    This fraud at highest level and we the people will not let go no way!

  • Lorrie mead

    11/24/2020 09:06 AM

    I have complete confidence that Sydney Powell knows exactly what she is doing and it is going to be HUGE.

  • Anita G Simmons

    11/24/2020 08:55 AM

    Anyone with the evidence that will not allow the investigation are guilty of being part of the destruction of America

  • Don

    11/24/2020 07:21 AM

    Sidney Powell and Lin Wood are like David against Goliath. Goliath here is the clinton cartel, dimm/communist party,rinos, china, big tech, corporate globalist, media ( including fox),weakkneed repub party....REMEMBER THAT DAVID DEFEATED GOLIATH!!!!!!!

  • Roger Saumure

    11/23/2020 09:00 PM

    I think SP separation from Trumps legal team is a good strategy. She is pursuing criminal charges while Trump’s team is pursuing a civil matter. Code of conduct frowns on using threats of a criminal lawsuit when pursing a civil matter.

  • Edward Kramer

    11/23/2020 08:32 PM

    I am very disturbed that Sidney Powell made statements and now she is off the radar.

  • William Dunlap

    11/23/2020 08:21 PM

    I believe Ms Powell is an honest, straightforward professional who will get to the bottom of this mess. God Bless America!

  • Billy Wayne Hubbard

    11/23/2020 06:52 PM

    Sydney Powell is determined her case is gonna be heard. She's 100% confident that she has enough evidence to overturn the election. Let the people hear her case. God bless you Sydney Powell.

  • Rick Huggins

    11/23/2020 04:31 PM

    Go get em’ Sidney ! Your a great patriot and defender of our Republic !

  • JanC

    11/23/2020 03:29 PM

    Thank you for this article. It actually makes a lot of sense to keep Sidney separate from "the team". For financial reasons, yes; but more importantly to keep the appearance that her client is the voters/citizens of the United States as opposed to the President. This will end in a far better look to citizens whom media will try to persuade into believing Trump stole the Presidency when he wins the battles. It is better to be a win for America, than a win for Trump. Of course it will be both! From these fingers to God's ears. ;-)

  • Gordon Anderson

    11/23/2020 01:53 PM

    Voting Machines leave a digital trail 1

  • Rene Mulvaney

    11/23/2020 01:45 PM

    Thank you for an unbiased report on the situation.

  • Peter Michael

    11/23/2020 11:59 AM

    Awesome breakdown of Levin's breakdown of the legal issues ahead.

  • Kim-Joshua hughes

    11/23/2020 11:50 AM

    DO YOU REALLY THINK THAT THE LANDSLIDE VOTERS FOR TRUMP WILL ALLOW OUR NATION TO BE STOLEN BY A CORRUPT POLITITION WHO HAS COMITTED TREASONEST ACTS AND SOLD WE THE PEOPLES WEALTH TO HIGHEST BIDDER TO INRICH HIMSELF AND DESTROY USA TAKE YOUR ONE WORLD ORDER AND SHOVE IT WHERE THE SUN DONT SHINE ALL INVOLVED IN PLOTS AGAINST PRESIDENT OUR NATION SHOULD HANG OR FACE FIREING SQUAD THEY NEED TO FACE JUSTICE IT WOULDNT BE AS BAD IF THERE AGENDA MADE ANY SIGN OF SINCE ONLY THING YOU CAN SEE FOR SURE IS NO WAY OUR NATION WILL MAKE IT 2 YEARS UNDER THERE STUPIDITY THEY ARE EVIL SOUL LESS PEOPLES HEADED TO HELL BECAUSE THEY WILL FACE JUDGEMENT NO WAY TO HIDE FROM GOD EVERY KNEE WILL BOW

  • Darlene Weigum

    11/23/2020 11:47 AM

    Mike please check out the Blessed 2 Teach website. They are showing this election was a major sting and all legal ballots had watermarks. That the super computer Kraken has all the information on the election. I would love your opinion on this. If so Trump absolutely won and the info will take down the whole cabal. I would love your opinion on this.

  • Connie Jungemann

    11/23/2020 11:23 AM

    What are the current legal efforts and who are we to support???
    With a public division in ranks (legal team) leaves me with concerned as to who to support.
    I am limited with the support that I can provide (military service) so I donate funding to both teams. I felt better to see the consolidated effort & now feel as if I’ve acted foolishly.
    The possibility of a new Dem admin & their changes deeply concerns me especially with voter fraud. Several people are donating the little bit of money we can to support and now some think it’s just best to walk away because it’s too political. To me that is only accepting a fate that leaves me with no voice. I am teaching my twin daughters that that have a voice and to be the Farmer and not part of the herd. I can only tell them that we believed in a cause. All we can do is pray & believe we did was for the greater good.
    I have always respected you and what you stand for and thank you for allowing this outlet to voice my concerns.
    God Bless you, family and team.

  • Kimberly Reynolds

    11/23/2020 10:36 AM

    I want every legal votes counted and throw out the illegals. I voted in person like always and I reassure you if I was late getting in line I wouldn’t have be able to vote. That’s the rule!!! We should all have to follow the same rules regardless of a pandemic

  • Russell Turk

    11/23/2020 10:29 AM

    It is now one woman against the swamp, instead of Trump against the swamp?