The legal team led by attorney Sidney Powell plans to appeal the dismissal of an Arizona election lawsuit by an Obama-appointed federal judge on Dec. 9.
Arizona Secretary of State Katie Hobbs and Gov. Doug Ducey were named as defendants in the case, which highlighted what it said was an “especially egregious range of conduct” in Arizona’s Maricopa County, and other counties using Dominion Systems.
The lawsuit alleges that Dominion Voting Systems violated election laws by having their machines connected to the internet. The case is supported by a redacted affidavit from a former electronic intelligence analyst, alleging that the voting system software was accessed by agents from China and Iran.
“If granted, millions of Arizonans who exercised their individual right to vote in the 2020 General Election would be utterly disenfranchised,” Humetewa wrote.
In dismissing Powell’s case, Humetewa said the lawsuit doesn’t contain a “plausible” allegation that Dominion Voting Systems voting machines were hacked in the state during the Nov. 3 election, however, she described the team’s allegations of fraud as “conceivable.”
The proposed Trump electors “have not moved the needle for their fraud theory from conceivable to plausible,” the federal judge said.
A petition for a writ of certiorari is a document that a losing party files with the Supreme Court asking it to review the lower court's decision on its merits.
“I thought she [Humetewa] took the case very seriously. She treated it very professionally, and she was very fair, but I disagree with her decision,” Kolodin said. “My clients disagree with her decision, and we've always known that this will ultimately be decided in the U.S. Supreme Court.”
Kolodin also suggested that based on his experience in the field, he isn’t surprised by Humetewa’s decision to dismiss the case.
“I've been doing election law for many years, and I would say ... when it's a really tough case like this, the lower court judge always ducks, right? The lower court judge never wants to be the person responsible for changing an election,” he said.
“We're ready to fight on and ready to take this fight to the very finish, and that's the U.S. Supreme Court.”
According to the state’s website, Democratic presidential candidate Joe Biden beat Trump by about 10,500 votes out of 3.4 million cast. Trump won Arizona in 2016 over Hillary Clinton by about 91,000 votes.