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Hey MSM, Affidavits are Considered Evidence

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AP Photo/Jacquelyn Martin

As a lawyer, including the former lawyer for the Maricopa County Elections Department, it has been appalling for me to see the MSM breathlessly blabbing over and over that there is no “evidence” of election fraud. They even had the nerve to claim that Sidney Powell, a former high-level attorney in the DOJ who served as lead counsel in more than 500 appeals before the U.S. Court of Appeals for the Fifth Circuit, had no evidence of fraud in the presidential election. They pretended she just put her hard-earned reputation on the line to hold a press conference with Rudy Giuliani based on lies. Sadly, the MSM is able to fool a lot of the public because the public doesn’t understand the law. 


Powell and the Trump legal team have compiled hundreds, if not thousands, of affidavits from people swearing to election fraud in the presidential election. Affidavits are evidence. Many court cases are decided based on evidence from affidavits alone. If affidavits aren’t considered evidence, then millions of court judgments going back many years in this country must be thrown out. 

The reason it’s easy to fool people is analogous to something called the CSI Effect. Back when I was a prosecutor at the Maricopa County Attorney’s Office, prosecutors noticed that juries started becoming less likely to convict defendants due to the TV show CSI (Crime Scene Investigation) because of its exaggerated emphasis on forensic science. People began to think more evidence was needed to convict someone, particularly DNA tests. CSI viewers were less likely to convict based on circumstantial evidence alone, raising the effective standard of proof for prosecutors.

This is similar to what is happening here. The MSM has overexaggerated the importance of evidence such as video showing election crimes, or recreating fraud on the Dominion voting machines. The problem is both are impossible to get without a court order permitting the plaintiffs to investigate the machines or view the security camera footage. That type of access is granted later on in a lawsuit.

Which leads to another legal myth the MSM has perpetuated, that the evidence must be produced now. In a trial, evidence is not introduced until after a complaint has been filed — not even with the complaint. Powell held the press conference with Rudy Guiliani before she’d even filed the complaints in Georgia and Michigan. However, she still referenced the affidavits and described what was in them. But the MSM pretended none of that was evidence. 


Powell not only has affidavits from witnesses, she has affidavits from whistleblowers who admit they participated in the election fraud. In criminal law — which has a much higher burden of proof, beyond a reasonable doubt — that’s called a slam dunk.  

This is no way near over because the battle is being fought on multiple fronts. Trump’s campaign has filed lawsuits, as well as Powell and others such as the Amistad Project and the Arizona State Republican Party. A Pennsylvania state legislative committee conducted a hearing and Arizona’s legislature will hold one on Monday. And the FBI has started investigating ballot fraud found by the Voter Integrity Project, looking into people who used the Post Office as their address when it wasn’t, people who were no longer a resident of a state they voted in and people who did not request a ballot but received one. 

In Arizona, 44% of voters surveyed said they received a ballot but did not request one, which is a crime. The Arizona State Republican Party has asked in a complaint to look at the signatures on the envelopes of mail-in ballots since so many do not match the signatures on file, enough to change the election results. Throughout the swing states, the rejection rate of mail-in ballots decreased so much that it could easily change the results in places if the regular rejection rate had been maintained. 

It doesn’t matter how many lower courts rule against Trump, those decisions can all be appealed up to the Supreme Court, just like they were in Bush v. Gore. The standard for deciding these cases is generally whether there was enough election fraud to change the outcome. This has been clearly laid out in the lawsuits. 


However, Trump has said that if the Electoral College votes to confirm Biden on December 14, the deadline, he will concede. Some are holding out hope that the Republican-dominated legislatures in the swing states will not send the slates of Biden electors to Congress. But there are always RINOs who will not go along with this. An effort in Pennsylvania by Republicans in the State House to vacate the certification only garnered 26 signatures. There are 203 members in the State House. 

There is so much voter fraud that it is mind numbing, and your eyes glaze over trying to comprehend it all. There are statistical impossibilities and anomalies everywhere — unless it was miracles for Biden! The left knows it’s fraud, but they justify it by saying it is up to the courts to decide. Just a few crooked judges to do the dirty work and their consciences are clear. 

If the Democrats are allowed to get away with this, it will constitute the first major breakdown of our representative democracy and Constitution. No longer will the people determine key elections. Instead, they will be determined by oligarchs in the Democratic Party, which has drifted toward socialism. If this much felony voter fraud is allowed to happen in the most important election in the world, by dismissing it as right-wing conspiracy theories, then there’s very little chance it will be reversed once the Democrats are in power and have even more control over it. It’s become vogue lately for the Democrats to whine about protecting our democracy, but they’re the ones stripping people of their right to vote. 


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