The legal team led by Sidney Powell informed a federal court in Georgia late on Monday that it is appealing the dismissal of its case to the U.S. Court of Appeals for the Eleventh Circuit.
“Plaintiffs request this court immediately transmit this notice of appeal to the Eleventh Circuit so that the court may docket the matter, thus enabling plaintiffs to proceed as quickly as possible to have these urgent issues of national importance addressed,” Powell wrote in a notice filed with the U.S. District Court in Northern District of Georgia in Atlanta.
U.S. District Court Judge Timothy Batten dismissed Powell’s lawsuit earlier on Monday, opining that the plaintiffs had no standing to sue, that they should have brought the lawsuit to a state court, and that they filed the case too late.
Powell filed the lawsuit on Nov. 25 on behalf of the presidential electors for President Donald Trump. One of the core allegations of the lawsuit concerns election machines and software by Dominion Voting Systems. The lawsuit cited several affiants who claim that the Dominion machines were manipulated to illegally alter the outcome of the Nov. 3 election.
“Their primary complaint involves the Dominion ballot marking devices. They say that those machines are susceptible to fraud. There’s no reason they could not have followed the Administrative Procedure Act to object to the rule-making authority that had been exercised by the secretary of state. This suit could have been filed months ago when the machines were adopted,” Batten said.
Plaintiffs asked the court to decertify the results of the election, a remedy that Batten deemed extraordinary.
Powell is also alleging the existence of several other categories of potentially illegal votes, each sufficient to dispute the outcome of the election. She disagreed with the argument that the plaintiffs don’t have standing or brought the suit too late.
“For those reasons, we request the court to deny the motion to dismiss, allow us a few days, perhaps even just five, to conduct an examination of the machines that we have requested from the beginning and find out exactly what went on and give the court further evidence it might want to rule in our favor, because the fraud that has happened here has destroyed any public confidence that the will of the people is reflected in their vote and just simply cannot stand,” Powell said in closing her argument on Monday.
