A judge on Sunday blocked election officials from wiping or altering Dominion Voting Systems machines in three counties, but Powell was seeking a statewide order, prompting her to seek an emergency appeal from the U.S. Court of Appeals for the Eleventh Circuit.
The appeals court on Dec. 2 granted the emergency appeal, ordering plaintiffs to file their initial brief by midnight and defendants to file their response by midnight on Dec. 4. Plaintiffs can file a response to the response by midnight on Dec. 6.
A Dec. 4 hearing scheduled in front of the lower court judge who made the initial ruling was postponed in light of the appeals court order.
Also on Wednesday night, the Democratic Party of Georgia entered an emergency request to grant an intervention so they can participate in the appeal. The party is being represented by Washington firm Perkins Coie, a longtime Democrat-linked company. The request was granted on Thursday.
Powell is representing about a dozen voters who argue there was a fraudulent scheme to manipulate the vote count to make sure Democratic presidential candidate Joe Biden won Georgia.
Powell is seeking to have outside experts examine Dominion machines. Georgia election officials are attempting to prevent that from happening.
The case is Pearson v. Kemp, 1:20-cv-04809.