Powell’s Arizona co-counsel Alex Kolodin told The Epoch Times in a phone interview that his team plans to fast-track the case to the Supreme Court and will file a petition for appeal in the coming days.
The Arizona case, filed Dec. 2 by former federal prosecutor Powell on behalf of the state’s 11 GOP electors and others, alleged that manipulation of election software and other fraud in the state resulted in violations of the U.S. Constitution and state election laws. The lawsuit also claimed that over 412,000 votes were cast illegally in the state’s 2020 general election.
Arizona Secretary of State Katie Hobbs and Gov. Doug Ducey were named as defendants in the case, which highlighted what it said was an “especially egregious range of conduct” in Arizona’s Maricopa County, and other counties using Dominion Systems.
The lawsuit alleges that Dominion Voting Systems violated election laws by having their machines connected to the internet. The case is supported by a redacted affidavit from a former electronic intelligence analyst, alleging that the voting system software was accessed by agents from China and Iran.
Powell’s team also filed a temporary restraining order (pdf) seeking to immediately block Ducey from delivering the certified election results to the electoral college while the court hears the case. Arizona certified its presidential election results on Nov. 30.
Judge Diane Humetewa threw out the lawsuit on Wednesday, saying that its allegations “are sorely wanting of relevant or reliable evidence” and that it sought extraordinary relief.
“If granted, millions of Arizonans who exercised their individual right to vote in the 2020 General Election would be utterly disenfranchised,” Humetewa wrote.
In dismissing Powell’s case, Humetewa said that the lawsuit doesn’t contain a “plausible” allegation that Dominion Voting Systems voting machines were hacked in the state during the Nov. 3 election, however, she described the team’s allegations of fraud as “conceivable.”
The proposed Trump electors “have not moved the needle for their fraud theory from conceivable to plausible,” the federal judge said.
Kolodin told The Epoch Times that although Humetewa dismissed the Arizona case, she acknowledged it was “conceivable” that fraud occurred with the Dominion Voting Systems equipment.
He said that the chairwoman of the Arizona Republican Party granted his team approval to appeal the case to the Supreme Court, and that they soon plan to file a petition for a writ of certiorari asking for the case to be heard.
A petition for a writ of certiorari is a document that a losing party files with the Supreme Court asking it to review the lower court’s decision on its merits.
The provision would request the Supreme Court for an emergency transfer and would allow the case to be heard without waiting for a decision from the U.S. Courts of Appeals. The Supreme Court is usually not under any obligation to hear such cases, unless the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.
“I thought she [Humetewa] took the case very seriously. She treated it very professionally and she was very fair, but I disagree with her decision,” Kolodin said. “My clients disagree with her decision, and we’ve always known that this will ultimately be decided in the U.S. Supreme Court.”
Kolodin also suggested that based on his experience in the field, he isn’t surprised by Humetewa’s decision to dismiss the case.
“I’ve been doing election law for many years, and I would say … when it’s a really tough case like this, the lower court judge always ducks, right? The lower court judge never wants to be the person responsible for changing an election,” he said.
“We’re ready to fight on and ready to take this fight to the very finish, and that’s the U.S. Supreme Court,” he added.
According to the state’s website, Democratic presidential candidate Joe Biden beat Trump by about 10,500 votes out of 3.4 million cast. Trump won Arizona in 2016 over Hillary Clinton by about 91,000 votes.
Linda Jiang and Janita Kan contributed to this report.