Credit Associated Press | Matt York
A federal judge has thrown out a lawsuit that sought to decertify Democrat President-elect Joe Biden’s win over Republican President Donald Trump in Arizona, marking another failed attempt to reverse Biden’s victory in the state.
Judge Diane Humetewa said Wednesday that the lawsuit’s allegations “are sorely wanting of relevant or reliable evidence” and that the relief it sought was extraordinary. “If granted, millions of Arizonans who exercised their individual right to vote in the 2020 General Election would be utterly disenfranchised,” Humetewa wrote.
The judge found the proposed Trump electors who filed the lawsuit lacked legal standing to bring the case, waited too long to file their challenge on issues that occurred months and even years ago, and failed to provide proof to back up their fraud claims.
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On Thursday, Staten Island District Attorney Michael McMahon asked both officials to refrain from such public commentary as the investigation progresses. My office charged Mr. Presti with multiple felonies as put forth in the criminal complaint against him, and we intend to fully prosecute this matter based on the facts and evidence, McMahon said. As this case remains actively under investigation, it would be irresponsible for those in positions of power, including the mayor and governor, to publicly play judge and jury on a criminal matter at this early stage.
Much of the official criticism had stemmed from questions about Presti s release on bail following his latest arrest. Of that, McMahon said it is wrong for anyone to assume that bail is indicative of what the outcome of a criminal case will be or how strongly my office will work to pursue justice.