Judge denies Kari Lake's request to dismiss defamation suit

4,154 Views | 44 Replies | Last: 5 mo ago by aggiehawg
boboguitar
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AG
https://www.12news.com/article/news/politics/judge-denies-kari-lake-request-dismiss-defamation-suit-stephen-richer-election-2022/75-affdd8ba-340d-498f-a384-3488d6c38d98

Quote:

In a 13-page decision, Superior Court Judge Jay Adleman ruled that Lake statements that Richer cited as defamatory were provable as false before a jury, based on evidence provided to the court.
Quote:

"Defendant Lake's statements regarding improper 19-inch ballots and/or the existence of 300,000 fraudulent ballots may be discerned by a factfinder as either true or false when considered in the light of any available evidence. These statements constitute assertions of fact that are actionable under prevailing Arizona law," Adleman wrote in an opinion issued less than 24 hours after hearing arguments from both sides.
Quote:

The suit singles out two Lake claims that it says are demonstrably false: that Richer "sabotaged" electronic ballot printers and inserted 300,000 phony or illegal ballots into the Maricopa County ballot count.
What's interesting here is that Lake is on the hook to prove her statements true in court.
Actual Talking Thermos
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Did she or anyone on her legal team really think a court would rule those weren't factual claims?
C@LAg
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J. Walter Weatherman
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Great news for Kari! She finally gets to prove all of these claims she keeps talking about in an actual courtroom.
C@LAg
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J. Walter Weatherman said:

Great news for Kari! She finally gets to prove all of these claims she keeps talking about in an actual courtroom.
agreed.

I miss her #1 cheerleaders posts about her.
jt2hunt
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AG
Interesting that 19 inch paper is one of the claims of a false statement. That should be easy to prove or not with a tape measure.
Kansas Kid
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boboguitar said:

https://www.12news.com/article/news/politics/judge-denies-kari-lake-request-dismiss-defamation-suit-stephen-richer-election-2022/75-affdd8ba-340d-498f-a384-3488d6c38d98

Quote:

In a 13-page decision, Superior Court Judge Jay Adleman ruled that Lake statements that Richer cited as defamatory were provable as false before a jury, based on evidence provided to the court.
Quote:

"Defendant Lake's statements regarding improper 19-inch ballots and/or the existence of 300,000 fraudulent ballots may be discerned by a factfinder as either true or false when considered in the light of any available evidence. These statements constitute assertions of fact that are actionable under prevailing Arizona law," Adleman wrote in an opinion issued less than 24 hours after hearing arguments from both sides.
Quote:

The suit singles out two Lake claims that it says are demonstrably false: that Richer "sabotaged" electronic ballot printers and inserted 300,000 phony or illegal ballots into the Maricopa County ballot count.
What's interesting here is that Lake is on the hook to prove her statements true in court.

When she called someone a criminal, I think the burden of proof is on her. Why should someone have to prove her statements are false when a court has already ruled that they have been proven to be false. She now has to show why that ruling is incorrect.
Btw, I don't buy calling someone a criminal in a highly public forum as free speech. That is what libel laws were written for.
J. Walter Weatherman
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jt2hunt said:

Interesting that 19 inch paper is one of the claims of a false statement. That should be easy to prove or not with a tape measure.


One of the Texags lawyers can correct me if I'm wrong, but I believe the claim is not that there were 19 inch ballot images period, but that Richer intentionally inserted them to sabotage the election, which was her claim.
BMX Bandit
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heres what was said:


Quote:

"[W]e're supposed to have a 20-inch image on a 20-inch ballot, but Richer and, Richer and Gates and their crew printed a 19-inch image, the wrong image on the ballot, so that the tabulators would jam all day long. purportedly stated the following: "[W]e're supposed to have a 20-inch image on a 20-inch ballot, but Richer and, Richer and Gates and their crew printed a 19-inch image, the wrong image on the ballot, so that the tabulators would jam all day long. That's exactly what happened.

They did not want us to notice this …. You know, the only person, the only thing they wanted to notice this was the tabulators so that they would jam and spit out ballots, which is exactly what happened all day on Election Day. Ballots got spit out. They got spit out over and over again. Let's show those two again, these two men.

Richer and Gates intentionally printed the wrong image on the ballot on Election Day so that those ballots would intentionally be spit out of the tabulators …. Well these guys are really, really terrible at running elections but I found out they're really good at lying."
policywonk98
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AG
Not a big fan of Lake, but what is the limiting principal here?

Bush was called a war criminal for years by high profile people. If he was more in the public eye I imagine people would still level that charge at him.

Stephen Richter is an elected official. How far does this go here? Are we hopeful we get to the point in this country where nobody is allowed to question elections or say what they want about any elected officials?

I'm pretty sure there are already countries out there like this. They certainly aren't countries I want to live in.

On the flip side. The GOP grassroots needs to move on from anyone that is not focused on the future and smarter about attacking election fraud.

ts5641
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She keeps winning just like daddy Trump.
Kansas Kid
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policywonk98 said:

Not a big fan of Lake, but what is the limiting principal here?

Bush was called a war criminal for years by high profile people. If he was more in the public eye I imagine people would still level that charge at him.

Stephen Richter is an elected official. How far does this go here? Are we hopeful we get to the point in this country where nobody is allowed to question elections or say what they want about any elected officials?

I'm pretty sure there are already countries out there like this. They certainly aren't countries I want to live in.

On the flip side. The GOP grassroots needs to move on from anyone that is not focused on the future and smarter about attacking election fraud.



I will leave up to the lawyers as to one is public enough to have a higher standard to meet. Clearly, Presidents of both parties have been called a number of things that are libel and untrue. Could they sue, maybe but I think it would hurt their image more than any monetary award they could get.

People need to be able to question elections but I think the key is to have proof and not just throw up everything and see if it sticks. The Trump wing has started claiming stolen election months before every election including in places where the electoral officials are mostly Rs

I agree Republicans need to work on the grassroots get out the vote efforts. Continuing to repeat 2020 was stolen is a losing strategy as shown time and time again in elections across this country. People want to hear what candidates are going to do if elected not whining about the past.
aggiehawg
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J. Walter Weatherman said:

jt2hunt said:

Interesting that 19 inch paper is one of the claims of a false statement. That should be easy to prove or not with a tape measure.


One of the Texags lawyers can correct me if I'm wrong, but I believe the claim is not that there were 19 inch ballot images period, but that Richer intentionally inserted them to sabotage the election, which was her claim.
Scott Jarett, Maricopa County election official testified under oath that there was absolutely no way for a 19 inch image to be printed out on 20 inch paper in the 2022 general election. He said that four times when he called by Lake's attorneys in the first mini trial. Lake's attorneys then called their expert, Clay Parikh, who had randomly selected ballots from six different batches and from six different locations. Maricopa County also had their "expert" present and observing that process. Parikh asked for a ruler and the observers and the expert were confused as to why. He found 19 inch ballot images on 20 inch paper on ballots from each the different batches.Raikh testified as to his findings and showed the differences between a 20 inch image and the 19 inch image and said correctly that the timing marks were thrown off so the tabulators could not read them. That explains the massive failures in the tabulators n election day.

That evening Jarrett and Maricopa County attorneys huddled for most of the night in a county center that they forgot had surveillance video which plaintff's experts were watching and recording. The next morning, Maricopa's lawyers recalled Jarrett and he completely changed his story now claiming that the tabulators had a "shrink to fit paper" setting on them that mut have accidentlly been enabled by poll workers. He then even claimed that he came aware of the shrink to fit issue a "few days" after the election. A fact that he had not recalled the day before when he repeatedly said there was no way there were 19 inch images being printed on 20 inch paper. IOW, he lied under oath. Judge didn't blink an eye about that and found him "credible" anyway.

As to Richer, it is not clear exactly what his supposed authority was regarding solely voting on election day when the tabulator issue was the worst. He was in in charge for early voting, according to his testimony but not on election day, for some reason. But that didn't stop him from making public statements on election day standing next to his overall boss, Bill Gates.
policywonk98
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AG
Kansas Kid said:

policywonk98 said:

Not a big fan of Lake, but what is the limiting principal here?

Bush was called a war criminal for years by high profile people. If he was more in the public eye I imagine people would still level that charge at him.

Stephen Richter is an elected official. How far does this go here? Are we hopeful we get to the point in this country where nobody is allowed to question elections or say what they want about any elected officials?

I'm pretty sure there are already countries out there like this. They certainly aren't countries I want to live in.

On the flip side. The GOP grassroots needs to move on from anyone that is not focused on the future and smarter about attacking election fraud.



I will leave up to the lawyers as to one is public enough to have a higher standard to meet. Clearly, Presidents of both parties have been called a number of things that are libel and untrue. Could they sue, maybe but I think it would hurt their image more than any monetary award they could get.

People need to be able to question elections but I think the key is to have proof and not just throw up everything and see if it sticks. The Trump wing has started claiming stolen election months before every election including in places where the electoral officials are mostly Rs

I agree Republicans need to work on the grassroots get out the vote efforts. Continuing to repeat 2020 was stolen is a losing strategy as shown time and time again in elections across this country. People want to hear what candidates are going to do if elected not whining about the past.



Your trust in the justice system is certainly admirable. I wish it was worthy of my trust.

In terms of having proof on charges that are leveled against public figures. Shouldn't trust in the courts work in reverse? If the charges are leveled then shouldn't the court take up the case without severely narrowing the scope of the case so much that the plaintiff can't even use the information they believe will prove the charges they are making. I seem to recall that is what happened here between Lake and Richter. Lake isn't actually just saying things, she is taking people to court, but once in court the judges are ruling that they have to make their case without using XY or Z. When lawyers argue that those are things that we need to see to make our case, the judge is dismissing the case because their is no evidence.


How can there be accountability on the election system if people arguing for transparency are blocked from the transparency? Richter was the one arguing against the release of information surrounding signature verifications. Maybe things are on the up in up. Im personally unconvinced that lifting the hood on signature verifications inside the context of a properly conducted investigation will have a "chilling" effect on people signing their ballots in the future. Sounds a lot like the argument against showing an ID to vote. People fighting for universal suffrage and no voting restrictions whatsoever sure seem to have an uncanny knack for also arguing against total transparency of the very system they want in place.
aggiehawg
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AG
policywonk98 said:

Kansas Kid said:

policywonk98 said:

Not a big fan of Lake, but what is the limiting principal here?

Bush was called a war criminal for years by high profile people. If he was more in the public eye I imagine people would still level that charge at him.

Stephen Richter is an elected official. How far does this go here? Are we hopeful we get to the point in this country where nobody is allowed to question elections or say what they want about any elected officials?

I'm pretty sure there are already countries out there like this. They certainly aren't countries I want to live in.

On the flip side. The GOP grassroots needs to move on from anyone that is not focused on the future and smarter about attacking election fraud.



I will leave up to the lawyers as to one is public enough to have a higher standard to meet. Clearly, Presidents of both parties have been called a number of things that are libel and untrue. Could they sue, maybe but I think it would hurt their image more than any monetary award they could get.

People need to be able to question elections but I think the key is to have proof and not just throw up everything and see if it sticks. The Trump wing has started claiming stolen election months before every election including in places where the electoral officials are mostly Rs

I agree Republicans need to work on the grassroots get out the vote efforts. Continuing to repeat 2020 was stolen is a losing strategy as shown time and time again in elections across this country. People want to hear what candidates are going to do if elected not whining about the past.



Your trust in the justice system is certainly admirable. I wish it was worthy of my trust.

In terms of having proof on charges that are leveled against public figures. Shouldn't trust in the courts work in reverse? If the charges are leveled then shouldn't the court take up the case without severely narrowing the scope of the case so much that the plaintiff can't even use the information they believe will prove the charges they are making. I seem to recall that is what happened here between Lake and Richter. Lake isn't actually just saying things, she is taking people to court, but once in court the judges are ruling that they have to make their case without using XY or Z. When lawyers argue that those are things that we need to see to make our case, the judge is dismissing the case because their is no evidence.


How can there be accountability on the election system if people arguing for transparency are blocked from the transparency? Richter was the one arguing against the release of information surrounding signature verifications. Maybe things are on the up in up. Im personally unconvinced that lifting the hood on signature verifications inside the context of a properly conducted investigation will have a "chilling" effect on people signing their ballots in the future. Sounds a lot like the argument against showing an ID to vote. People fighting for universal suffrage and no voting restrictions whatsoever sure seem to have an uncanny knack for also arguing against total transparency of the very system they want in place.
It doesn't help matters when the judge is at a Stone Age level on understanding how computers work. I watched that trial. Lake's lawyers were not that great but her witnesses were solid and knowledgeable in their field and on the facts to the extent they were able to get discovery, which Maricopa County and now Governor Hobbs fought tooth and nail against.

Lake's expert, Parikh, was scrupously honest in that he could not say definitively how a 19 inch image wound up on a 20 inch ballot page because he didn't witness someone doing something but by process of elimination, that change had to be coded in the ballot definition pdf files. Even Maricopa Couny's expert, Ryan Macias, alluded to that in his carefully scripted testimony that he was obviously reading during his testimony by zoom. His eyes were to the side of the camera and he spoke in complete sentences using the same phrases multiple times. Lake's lawyers objected that Macias was obviously reading from a prepared statement but the judge let it go. (Incidentally, although there was no video proof but people rported seening Macias actually at the courthouse on the day of his testimony, so he was zooming in to the hearing from another room in the courthouse apparently.)

Ultimately, Judge Thompson decided to punt the case and dimiss it because Lake and her lawyers could not give him a name of who did it and that it was done on purpose. Which was the wrong question in my mind.

The 2022 AZ election was so screwed up, in so many manners, the results could not be trusted. Whether it was by design or just a massive case of incompetency should not matter.
Whistle Pig
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The defendant requesting default judgment to avoid discovery and a trial is an interesting way to surrender.

Im Gipper
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That strategy worked wonders for Rudy!

I'm Gipper
Whistle Pig
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Kari Lake "Never Surrender" "Discovery is gonna be lit!"


Also Kari Lake: "I surrender, please let's not do discovery"
TXAggie2011
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AG
Im Gipper said:

That strategy worked wonders for Rudy!


We'll, I'm sure she'll make a few bucks off the True Believers when she *****es the judge didn't allow her to bring in evidence about the thing she asked for a default judgment over
Im Gipper
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He's right ya know

I'm Gipper
J. Walter Weatherman
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J. Walter Weatherman said:

Great news for Kari! She finally gets to prove all of these claims she keeps talking about in an actual courtroom.


Shocker. Guess it was always bs. Maybe she can use the Stop the Steal donations to pay off the eventual damages?
MaroonStain
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AG
This thread is GREAT! Proof that Drive By Bob actually does what I claim. Thanks for the bump. TTT
MaroonStain
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Here is one example.
Im Gipper
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Are you having a conversation with yourself? Lol

I'm Gipper
MaroonStain
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Im Gipper said:

Are you having a conversation with yourself? Lol


Maybe...
BMX Bandit
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Is there anyone that actually believes that Lake is letting a default be entered because fighting the case "legitimizes it"?



Does Lake believe her supporters are that stupid?
nortex97
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AG
At least include her full response in that thread;

Quote:

President Trump and I are targets of the weaponized legal/court system called Lawfare. Our political opponents will stop at nothing to destroy us.

If there is one thing I've learned from President Trump is that we need to fight back.
This isn't about me, it's about standing up for the people of Arizona.

Maricopa County election Official @StephenRicher says I "surrendered." That's a lie. I didn't surrender, I simply cut-to-the-chase. We filed papers demanding a hearing in 30 days for Stephen to prove how my words harmed him. I am ready to go to court now, Stephen. Are you?

Arizona law still requires you to prove with witnesses and with evidence, that I caused youin your own words"substantial injuries," Stephen, can you?

I read Stephen's tedious 40 page lawsuit so that you don't have to. Ignore most of it. Pay close attention to paragraphs 164 thru 170 for his "damages" claims. The public should read those paragraphs. Closely. They are a mile wide and an inch deep.

The public has a 1st Amendment Right to access public court proceedings. Meaning the public has the right to see your damages evidence, Stephen. Why do your lawyers from New York and DC keep asking for a confidentiality agreement? Why do you have New York and DC Lawyers at all? What don't you want the public to see? Is that why you filed suit in your "personal capacity"to dodge Arizona's public records laws?

Stephen, I hope you have the good sense to ignore @DanCBarr, Chief Deputy Attorney General. He was a partner of Perkins Coie, the disgraced law firm that gave us the "Steele Dossier." He told you that I "admitted EVERYTHING in the Complaint as a matter of law." Shame on you, Daniel. That's a lie. You have disgraced your office with your lie. Under Arizona Law, default admits only the "well-pled" allegations in the complaint." Richer's bare-bones allegation in paragraph 171 that his "injuries are traceable to Defendants' attacks" isn't "well-pled." Prove me wrong on the law there, Daniel. Can you?

And Stephen, how much money will you ask for at the damages hearing? Tell us. How many zeroes? The people of Arizona, who often work too hard for too little just to provide for their families, deserve to know. We deserve answers to all these questions. Will you answer them?
Some valid points to this chapter of lawfare against anyone not a good loyal Dem-communist party member.
BMX Bandit
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Quote:

If there is one thing I've learned from President Trump is that we need to fight back.


Taking a default on liability is "fighting back"?
J. Walter Weatherman
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BMX Bandit said:

Is there anyone that actually believes that Lake is letting a default be entered because fighting the case "legitimizes it"?



Does Lake believe her supporters are that stupid?


Yes, she does. And unfortunately they will continue to prove her correct.
nortex97
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BMX Bandit said:

Quote:

If there is one thing I've learned from President Trump is that we need to fight back.


Taking a default on liability is "fighting back"?

Her words, not mine, but yeah I dunno why she failed to file a response. Did this guy really have to go get psychiatric help/treatment because of mean words from Kari? LOL.

Quote:

Today, Lake's attorneys Jennifer Wright and Tim La Sota asked the court to set a hearing to assess damages owed to Richer.

In the motion, they ask a jury and judge to go over the facts and root out any allegations they claim are not "well-pled," and ask Richer to "be prepared to disclose competent evidence of causation" linking "his categories of defamation ("Ballot Size Sabotage" and "Bogus Ballot Injection") and his claimed categories of damages."

And as for damages, Wright and La Sota ask Richer to provide total expenses incurred for Richer's "psychiatric and psychological treatment" in relation to his mental health impact and a list of Republican donors and networks that "abandoned Richer and just how much it cost him."

People are so damn soft nowadays…/rant.
Actual Talking Thermos
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So she's completely abandoned any attempt to say that the statements were true, or that she had any reasonable basis to believe they were true. She's just saying that outright lying about a public official committing election fraud isn't that bad and she shouldn't have to pay much for it.

And maybe she's even right that she shouldn't, but make no mistake, this is an admission that she is and always has been completely full of it.
BMX Bandit
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Quote:

And as for damages, Wright and La Sota ask Richer to provide total expenses incurred for Richer's "psychiatric and psychological treatment" in relation to his mental health impact and a list of Republican donors and networks that "abandoned Richer and just how much it cost him."



Her lawyers asked for basic discovery materials. Impressive.

This guy still has to prove his damages. I doubt he has any actual psych issues.

But the "I'm not fighting liability because we have to fight" is nonsensical.

J. Walter Weatherman
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nortex97 said:

BMX Bandit said:

Quote:

If there is one thing I've learned from President Trump is that we need to fight back.


Taking a default on liability is "fighting back"?

Her words, not mine, but yeah I dunno why she failed to file a response. Did this guy really have to go get psychiatric help/treatment because of mean words from Kari? LOL.

Quote:

Today, Lake's attorneys Jennifer Wright and Tim La Sota asked the court to set a hearing to assess damages owed to Richer.

In the motion, they ask a jury and judge to go over the facts and root out any allegations they claim are not "well-pled," and ask Richer to "be prepared to disclose competent evidence of causation" linking "his categories of defamation ("Ballot Size Sabotage" and "Bogus Ballot Injection") and his claimed categories of damages."

And as for damages, Wright and La Sota ask Richer to provide total expenses incurred for Richer's "psychiatric and psychological treatment" in relation to his mental health impact and a list of Republican donors and networks that "abandoned Richer and just how much it cost him."

People are so damn soft nowadays…/rant.


If any of her accusations were true, this would be the perfect time to prove them. She knows, and has always known, they are bs, which is why she's waving the white flag and now shifting to trying to make him prove the damages.
torrid
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AG
J. Walter Weatherman said:

BMX Bandit said:

Is there anyone that actually believes that Lake is letting a default be entered because fighting the case "legitimizes it"?



Does Lake believe her supporters are that stupid?


Yes, she does. And unfortunately they will continue to prove her correct.
And send her money.
MarquisHenri
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J. Walter Weatherman said:

She knows, and has always known, they are bs, which is why she's waving the white flag and now shifting to trying to make him prove the damages.
Yet one could have stayed awake all night counting the herds of MAGA sheep who believed every word.
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