Powell to Seek Emergency Review After Judge Dismisses Wisconsin Lawsuit

Powell to Seek Emergency Review After Judge Dismisses Wisconsin Lawsuit
Sidney Powell speaks at a press conference at the Republican National Committee headquarters in Washington on Nov 19, 2020. (Charlotte Cuthbertson/The Epoch Times)
Janita Kan

Attorney Sidney Powell said on Thursday that she is planning to seek a review after a federal judge dismissed her lawsuit challenging the 2020 election results in Wisconsin.

“We’re not surprised by the dismissal. We will see[k] emergency review,” Powell said in an email statement to The Epoch Times. “All the judges seem to be reading from the same DNC script. They are willfully blind to the greatest fraud in history.”

The lawsuit, filed against the Wisconsin Elections Commission and Gov. Tony Evers, alleges that “massive election fraud” and violations to the U.S. Constitution and Wisconsin Election Code occurred during the recent general election, which allowed hundreds of thousands of “illegal” ballots to be counted. The suit cites dozens of eyewitness accounts, and statistical anomalies and mathematical impossibilities provided in sworn testimony by expert witnesses to back up its claims.

At the center of their argument is that the software employed by counties to count the ballots, Dominion Voting Software, contains vulnerabilities that makes it susceptible to significant fraud, and that the software was used to manipulate the election outcome, the lawsuit alleged.

The lawyers also alleged that state and election officials had violated the U.S. Constitution and Wisconsin Election code by changing election rules amid the pandemic that effectively “favored” Democratic absentee voters over Republican voters, and enabled and facilitated voter fraud.

The plaintiff, a Republican elector in the state, seeks to de-certify the state’s election results or, in the alternative, order the defendants to “certify the results of the General Election for Office of the President in favor of President Donald Trump.” It also attempts to block Evers from transferring currently certified election results in Wisconsin to the Electoral College, and seeks voter data and equipment in order to allow the plaintiff to arrange a forensic audit and inspection.

The suit also asks for several declarations from the court, including one that declares “absentee ballot fraud occurred in violation of Constitutional rights, election laws, and under state law.” The case was filed in U.S. District Court for the Eastern District of Wisconsin.

Chief United States District Judge Pamela Pepper dismissed the case late Wednesday, ruling that the federal court has “no authority or jurisdiction to grant the relief the remaining plaintiff seeks.”

“Federal judges do not appoint the president in this country. One wonders why the plaintiffs came to federal court and asked a federal judge to do so. After a week of sometimes odd and often harried litigation, the court is no closer to answering the ‘why,’” Pepper wrote (pdf).

She also held that the plaintiff had no legal standing to bring the case, and that the certification and transmission of the election results had made the case moot.

This comes on the same day another federal judge threw out Powell’s case in Arizona, which asserts similar claims. A co-counsel in that case, Alex Kolodin, told The Epoch Times that his team plans to fast-track the case to the Supreme Court and will file a petition for appeal in the coming days.

“We’ve always known that this will ultimately be decided in the U.S. Supreme Court. And so we’re ready to fight on and ready to take this fight to the very finish,” Kolodin said.

Powell’s cases in Georgia and Michigan have also been dismissed by trial judges and have also been appealed.

This case has been cited as Feehan v. Wisconsin Elections Commission (2:20-cv-01771).

Linda Jiang contributed to this report.