PA Judge Denies Recount And Blasts Stein's "Suspicions Of Hacking" That "Border On Irrational"

Tyler Durden's picture

A Pennsylvania judge has denied Jill Stein's request for a recount and simultaneously offered up an epic assault on her "later than last minute request" that "could well ensure that no Pennsylvania vote counts" by preventing the state from certifying election results by the federal deadline of December 13th.  Judge Paul S. Diamond also blasted Stein's "suspicion of a 'hacked' Pennsylvania election" saying that it "border[ed] on the irrational."

Dr. Stein has repeatedly stated that she has sought a Pennsylvania recount to ensure that every vote counts.Granting her later than last minute request for relief, however, could well ensure that no Pennsylvania vote counts. Such a result would be both outrageous and completely unnecessary; as I have found, suspicion of a “hacked” Pennsylvania election borders on the irrational. Finally, Plaintiffs’ claims for relief suffer from several flaws, each fatal to their Motion. For all these reasons, I will deny that Motion.

Diamond noted six separate reasons for denying Stein's recount request, including a lack of "credible evidence," a lack of standing, an "unexplained, highly prejudicial delay in seeking a recount," and the fact that pursuing the recount would only end up "inexcusably disenfranchising some six million Pennsylvania voters" as it would prevent the state from certifying it's election results by the December 13th federal deadline.

Unsuccessful Green Party Candidate Jill Stein and Pennsylvania voter Randall Reitz allege that because Pennsylvania’s voting machines might have been “hacked” during last month’s election, I must order the Commonwealth to conduct a recount of the votes cast for President. There are at least six separate grounds requiring me to deny Plaintiffs’ Motion. Most importantly, there is no credible evidence that any “hack” occurred, and compelling evidence that Pennsylvania’s voting system was not in any way compromised. Moreover, Plaintiffs’ lack of standing, the likely absence of federal jurisdiction, and Plaintiffs’ unexplained, highly prejudicial delay in seeking a recount are all fatal to their claims for immediate relief. Further, Plaintiffs have not met any of the requirements for the issuance of a mandatory emergency injunction. Finally, granting the relief Plaintiffs seek would make it impossible for the Commonwealth to certify its Presidential Electors by December 13 (as required by federal law), thus inexcusably disenfranchising some six million Pennsylvania voters. For all these reasons, I am compelled to refuse Plaintiffs’ request for injunctive relief.

On standing, Diamond noted that Stein didn't even bother to respond to arguments that she lacked standing to demand a recount.

At the December 9 hearing, Intervenors argued persuasively that Plaintiffs lack standing. (See Hr’g Tr. 99:7-100:19.) Remarkably, Plaintiffs did not respond. Even though Dr. Stein was present and could have testified as to why she is an aggrieved party with standing to seek a recount, she was not called

Diamond also blasted Stein's cybersecurity "experts" which he said had very little understanding of how Pennsylvania's electronic voting systems actually worked.

I agree with Plaintiffs that tampering with the Pennsylvania vote totals would violate the right to vote itself and constitute an irreparable harm.  Plaintiffs have presented no credible evidence, however, that any such tampering occurred or could occur; the Commonwealth presented compelling evidence that it did not.

 

Plaintiffs seem to suggest that Pennsylvania’s votes are recorded and tabulated statewide by a single computer that is Internet-accessible and susceptible to tampering. As Dr. Shamos made clear, however, this simply is not so. (See Hr’g Tr. 59:10-24, 60:17-61:2.)

 

Plaintiffs also base their voting security allegations on the possibility that “malware” might have been secretly installed in Pennsylvania voting and vote tabulation machines, thus corrupting Pennsylvania’s voting results. Dr. Shamos made clear, however, that, given Pennsylvania’s highly dispersed system of taking and tabulating votes and the numerous integrity checks provided by law and practice, no such “hack” could be effected.

 

Dr. Shamos also described the insuperable logistical difficulties involved in installing malware on each of Pennsylvania’s many thousands of DRE machines. Because DREs do not connect to the Internet, hackers cannot upload malware onto them remotely. (See Maazel Decl. Ex. 1, Doc. No. 9-1 (Halderman Aff. ¶ 18).) Physically hacking DREs to influence an election is practically impossible. Each machine is sealed by Commonwealth voting officers. (See Hr’g Tr. 50:9-11.) It would take substantial time to open a DRE, hack it, close it, and apply counterfeit seals. (See Hr’g Tr. 50:11-13.) In Dr. Shamos’s view, it is less than implausible to suggest that anyone secretly could hack Pennsylvania’s DREs without being noticed. (See Hr’g Tr. 50:9-20 (estimating “it would take four months” to hack all of Allegheny County’s DRE machines).)

And here is Diamond's commentary on Stein's inexplicable delay in filing her recount request.

As I have described, despite the December 13 certification deadline, Plaintiffs waited until November 28 to proceed in Commonwealth Court and until December 5 to proceed here. That delay has caused what Judge Pappert recently described as a “judicial fire drill” and what I recently described as a “mad scramble”—unnecessary and unfair to all concerned.

 

The only relevant fact unknown to Plaintiffs before the election was its outcome. Yet, Dr. Stein then waited nearly three weeks, until November 28, to file the Commonwealth Court contest petition and the County Board recount petitions. (See Maazel Decl. Ex. 37, Doc. No. 9-40.) During the December 9 hearing, Plaintiffs’ Counsel was unable to offer a credible justification for this delay. Once again, even though Dr. Stein was present and could have explained under oath her reasons for delay, she did not do so.

Well, we suspect that didn't quite go as planned for Team Stein.

 

Below is the full Pennsylvania Order Courtesy of LawNewz:

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VWAndy's picture

 Yea nobody wants to turn over that rock. Because all thats under it is lots of rope.

prefan4200's picture

Rarely have I been prouder to be a Pennsylvania resident.  Judge Diamond is my new favorite judge.

HRH Feant's picture
HRH Feant (not verified) prefan4200 Dec 12, 2016 6:58 PM

Same here! Finally someone is questioning the lucidity of the left! What took so long?

Never One Roach's picture

The media needs to get this judges opinion out there about how "irrational" the accusation of hacking is. It's an insult to American people to have this Democrat goal of slash and burn destruction continue.

 

Besides, the electoral college has no special privilege to receive special intel unless Hillary faxes the classified info from her personal server.

The Saint's picture
The Saint (not verified) Never One Roach Dec 12, 2016 7:29 PM

Stein should have just told the judge that she was just doing this for Hillary after she was promised a new lake house next to Bernies.  That would have been the right thing to do.

 

sushi's picture

Putin bought the judge off and/ or the FSB blackmailed him.

This is the only rational explanation for such a judicial trigger event.

Blame everything on the Russian's. Sooner or later something may stick and prove true.

 

checkessential's picture

The establishment media doubled down and are going with plan C:  replay the old "Russian hacking conspiracy theory" like a broken record to drown out the massive fail of Jill Stein.  

Podesta fell for a stupid Gmail phising scam and reset his password through the provided link.  You can't be more naive.  Even Nigeria could have been behind this "sophisticated" hack.  Podesta/Clinton are security threats just being around computers.  

http://www.thesmokinggun.com/documents/crime/how-john-podesta-got-hacked...

land_of_the_few's picture

Or maybe she could ask North Korea or Pakistan nicely to check their backups if she has lost her original copies ...

38BWD22's picture

 

 

The Democrats, if anything, have become unhinged-er...

wchild's picture

Die and go away you freakin beeahhtch....  Geez!

land_of_the_few's picture

The Judge should grant her "executive" relief :P

scsherman's picture
scsherman (not verified) prefan4200 Dec 12, 2016 9:34 PM

Don't worry, The Commonwealthy of Pennsylvania is still one of the most corrupt states in the union and has many other ways it abuses the law and scews its residents. It is controlled by Philadelphia and corrupt families of politicians. It has one of the most bloated public sectors in the entire country. The tax burden and cost of living may not be as bad as some other places, but when you add up all the different taxes, fees, and restrictions on freedoms it is still one of the worst places to live.

StychoKiller's picture

Yeah, but at times like these, a terrific Judge would FINE the attorneys involved for wasting the Court's time on something a good attorney would know had little chance of succeeding!

E.F. Mutton's picture

"...as I have found, suspicion of a “hacked” Pennsylvania election borders on the irrational"

This is legalese for "Bitch, you crazy!"

johngaltfla's picture

Jill Stein is the epitome of a street whore. She'll do or swallow anything for $10 a throw. Hell, Bill Clinton knew that so that's why he hired her.

Tsunami Wave's picture

John Pedosta (sic) has finally tweeted in over a month.  He commented about Russian Hacking.

https://twitter.com/johnpodesta/status/808398457140609024

Naturally, the comments are extremely hostile to him and are mostly about Pizzagate.  Tylers, you think you can do an article about this plz?

Never One Roach's picture

"Lock her up!"

 

Jill is an insult to the American people.

cheech_wizard's picture

That single line made it worth reading the entire court document. 

 

VWAndy's picture

 Jill should be the poster child for short term thinking.

cheech_wizard's picture

Just remember... every young indoctrinated liberal female will be a Jill Stein clone one day after they become postmenopausal.

Standard Disclaimer: I just pray there are enough cats to keep them company. (Jill Stein has an orange tabby cat named Willy.)


 

chunga's picture

The only way to make sure Stein isn't a witch is to walk her across hot coals.

Hut! Hut!Hike!

SparticusUK's picture

No - If she weighs the same as a duck - she is made of wood and we can burn her!

Hillary may have to have a house dropped on her though.

juergensen's picture

Terrible lawyering. Stein should ask for a refund of her attorney fees.

nmewn's picture

What the actual attempt was, is to have millions of Pennsylvania votes tossed by dragging their feet so that states electors couldn't be counted by the deadline.

The are genuinely evil people, seriously.

//////

And someone please tell me I'm reading the blatherings of John Podesta incorrectly...he wants the electors to be given a CIA intelligence briefing before they vote?...lol...holy shit...the stooopid it burns!!!

Glassport's picture

Yes, in Podestaland being elected as an elector automatically confers a top secret clearance.  These people are truly enemies of the United States (even the special snowflakes who don't know better).

dexter_morgan's picture

More surreal, this podesta fuckstick is not under investigation for all the bullshit discovered in his emails.

Nobody is talking about the content for fucks sake.

DeathMerchant's picture

Pelosi's daughter is apparently an elector and is leading the push for this. Surprise, surprise.

Who was that masked man's picture

You mean she should ask for a refund of her psychiatric fees.  She's fucking nuts.

Joebloinvestor's picture

They just move on and appeal to whoever will listen, then will bitch for the next 4 and probably another 4 years .

Nobodys Home's picture

That's the way of the communists.

NurseRatched's picture

The Democrats. Socialists and snowflakes need to understand the following 3 election facts:
- Donald Trump won 46% of the popular vote
- Hillary Clinton won 48% of the popular vote
- Donald Trump won 100% of the White House.

The road to reality is not a toll road - so get on it!

Overdrawn's picture

But if you take the illegals & dead voters out of the count, Clinton got a lot less than 48% of the popular vote. How many million of these type of votes are estimated?

DeathMerchant's picture

I keep posting this but maybe some haven't seen it yet. There are who knows how many millions of these illegal alien fucks from all over walking around  freely coupled with the fact that although some states require some form of ID before voting, California, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Vermont, West Virginia, Wyoming, and Washington, D.C. all require no identification before voting. So as a result of these two facts, anyone that thinks there was not a significant number of illegal votes is simply a leftist puke or a fucking idiot.

roisaber's picture

Nothing about (((Jill Stein))) is irrational. She's another tribal - when they smell an opportunity to rook the goyim for a million or two, they don't think twice. Everything we've been warned about by our mean racist uncle is apparently 100% accurate.

Nobodys Home's picture

My gals deceased dad was like that and she hated that about him. Now she concedes stating:"Dammit! He was right!"
edit: She has now stopped saying "You sound just like my father":)

roisaber's picture

Of all the words of tongue and pen,

saddest are these -

/pol/ was right again.

lakecity55's picture

The bastards can smell a penny on the sidewalk from two blocks away!

 

 

AVmaster's picture

Sorry Your Honor Judge Diamond,

 

You used too many big words, the plaintiff is too stupid to understand.

 

I motion to condense your decision into more simple phrases like: "You bitches lost, so shut the fuck up and go away".

 

Thank you Your Honor.

bobbbny's picture

Jill, Jill, Jill.

Taking all that snowflake money & giving them false hope.

How much did you skim to pay your campaign debts?

buzzsaw99's picture

In Philadelphia it's worth 50 bucks.

Withdrawn Sanction's picture

"Ooooh, how much for the gun?"

Skiprrrdog's picture

What is she a doctor of? Cuntology?

max_leering's picture

no "fake news" here folks... time to get on board snowflakes... this train is about to depart, with or without you

Uncertain T's picture

Russian Plot, judges controlled by the Russians, Diamond is a Puting shill... shall I go on?

lakecity55's picture

NYT:

"DHS Confirms Most Americans Are Russian Spies!"

Vichy, DC:

"Today, Jeh Johnson, theoretically the outgoing Tsar of the DHS, said almost all US Citizens were Russian agents.
"It is disconcerting to me, a loyal Democrat, to discover Russian Agents in every walk of American Life," Johnson said, with a stern look.
"Election Judges, Fake News originators, all NRA members, everyone who served in the US Military-- all Russian Agents! It's unbelievable," Johnson said, shaking his head.
"The only thing I can suggest to pResident Bath House is that he suspend the election and wait until we root out everyone who did NOT vote for Hitlary. Our investigation shows the only Loyal Americans left voted for Hitlary to assume Ultimate Power, err, the White House!"

Withdrawn Sanction's picture

It's like some tedious plot from a '60s spy "thriller."  All we need are villains named Boris and Natasha, FFS.  Dont these clowns have ANY imagination?

shimmy's picture

Clearly this Diamond chap is a Russian agent. No way he could EVER come to that without being a stooge. That or he is brainwashed on the evil alt media fake news.

Nice to see someone in position of power not acting like a complete idiot with all this and pointing out how none of the votes would count if a recount was done at this point in time and calling out this street walker over her actions.

No doubt the libtards will attck this guy though. 

Nobodys Home's picture

My first thought: "This judge is not a Clinton appointee."

lakecity55's picture

I suspect any judge who rules against Steinburg-goldensilverstein is a Russian Agent!!