IANAL, But …

I have successfully defended my writing here at Hogewash! and related public comments from eight lawsuits alleging defamation, five as a pro se defendant. Only one of those cases made it all the way to trial, and my codefendants and I were granted a directed verdict because the plaintiff did not meet his burden to prove what we had written and said was false. If I properly understand what my lawyers have told me, truth is an absolute defense to a defamation claim everywhere in the U. S., but there are some jurisdictions that place a particular burden on a defamation plaintiff to proof the offending remarks are false. Maryland is one. It looks to me that the District of Columbia is another.

The burden of proving falsity rests squarely on the plaintiff. He or she must demonstrate either that the statement is factual and untrue, or an opinion based implicitly on facts that are untrue. Lane v. Random House, Inc., 985 F.Supp. 141, 151 (D.D.C. 1995)

Dominion Systems is suing Sidney Powell and Rudy Giuliani for defamation in DC. It will be interesting to see how they prove what the defendants have said is false.

Enforcing Baker v. Carr

Baker v. Carr is a Supreme Court case which dealt with the makeup of the Tennessee State Senate. The state constitution provided for a body with 33 member who represented fixed geographic districts in a similar manner to the fixed geographic boundaries of the states. That is, its structure was analogous to the that of the U. S. Senate. A voter from Shelby County, then the state’s most populous, sued because the senatorial districts hadn’t been adjusted for over 50 years, and some were much more populous than others. The State argued that the matter wasn’t justiciable and none of the judiciary’s business. The Supremes said, “Oh yes, it is,” and remanded the case for further proceedings. A bit later, the Supremes ruled in another pair of cases that such redistricting must be done on the principle of “one man, one vote.”

Thus, it seems that one could argue that each vote in the same district should weigh equally with every other, and this brings us to one of the claims being made with regard to fraud in last month’s election. It’s being reported that one investigator believes he has found evidence Democrat votes were more heavily weighted than Republican votes in Maricopa County, Arizona.

The scientist noted that there were only two things that could explain that improbable result.

He admitted that there could be a demographic within the Independent voters who voted for Biden that that he could not see in his model.

“Another possibility is that Mr. Biden’s votes were simply multiplied by 1.3, meaning each single vote Biden received became 1.3 reported votes,” Shiva explained. “And President Trump’s votes are reduced by that 0.3 or 30 percent gained by Mr. Biden. Simply put, you could call this vote swapping.”

Shiva testified that he believed Dominion voting machines have a weighted voting feature that would allow a Democrat candidate to receive 130 percent of the vote and for the Republican to receive 7/10ths of the vote.

“The more important thing to understand is our votes are stored not as whole integer numbers but as decimal fractions,” he explained.

It wouldn’t be that hard to audit the counting software and the databases. Why doesn’t Dominion want to prove to the world how trustworthy their voting systems are? Why don’t the Democrats want to prove they won the election fairly?

The Gentle Reader may form his own answers to those questions.

BTW, Charles Baker was a Republican.

Nothing to See Here. Move Along!

The Tennessee Star reports that Aric Thompson served as a Dominion Voting Systems (Dominion) technician representative in Fulton County, Georgia. Thomson is also Kamala Harris’ presidential campaign photographer. He describes her as his “long time client.”

BTW, I’m seeing reports of a server crash today in the Dominion hardware used in the Fulton County election system.