The John Eastman trial had a respite this past week and resumes on Tuesday. I hadn’t posted about the court sessions held on Thursday and Friday before the nice break, so thought I’d write an overview, once again super lengthy but worth a read, imho.
To refresh, conspiracy theorist from VoterGA, Garland Favorito, was testifying about the 2020 Presidential Election in Georgia. He and cronies at VoterGA spit out misinformation to the vulnerable public in the form of media podcasts, conferences, press releases, a website with erroneous warped data, misleading analysis and complaints filed in the courts.
Favorito’s testimony continued on Thurs, Sept 14th, with Miller asking him about his role as an election observer and poll worker, his days after the election in the tabulation center and also about time spent at the State Farm Fulton County Center where absentee ballots were counted.
Early into Favorito’s testimony, Judge Roland called out Miller for leading the witness. She told him to the effect of, do not start leading the witness like you have been. “If you do,” she said, “I’m inclined to not let you restate.”
Getting back to Favorito’s observations, his replies to Miller about his election volunteerism revolved around not being able to see everything happening, violating GA transparency law, he claims. This prompted multiple objections from the State Bar that were quickly sustained.
Next, Favorito got into playing his number games once more, testifying that in the duplicate ballot concerns, the audit confirmed an accurate count, but VoterGA found 6,000 more votes than the audit had accounted for in its analysis.
Judge Roland piped in to ask how his team got the data for the numbers on ballot images from Fulton County. Favorito revealed data wasn’t accessible to them until discovery in a suit that had been filed. A hurray point he mentioned was that Fulton County is the most populous in Georgia, providing 10% of the vote statewide. Bringing it all is Fulton County, hurray for democracy!
Words, words, everywhere words from Favorito as he demonstrated his apparent want to be believed without concrete evidence placed before the court. A bunch of bogus hooey persisted, related to adjudication files of ballot images. The analysis process on solving ballot disputes is in the eye of the beholder, it seems, in that a 3-person team makes a determination as to the voter’s intent. Favorito testified that 100% of the Fulton County mail in ballots went into the adjudication file. 100%? Really now, imv, that seems questionable as to why that occurred, if in fact it had.
The sustained objections and exchanges that followed brought Judge Roland’s ask for clarity on Favorito’s direct knowledge. It struck me as her serious wonder of his analysis vs truth. His implication was that all electronic ballots were vulnerable to naughtiness interference. Favorito cites his tech experience as reasoning for his conclusions. VoterGA subsequently sent out a press release after the Fulton County audit titled, New Evidence Reveals Georgia Audit Fraud And Massive Errors.
Miller was admonished twice more in this line of questioning for again leading the witness, multiple objections interjected, of course and sustained, then he was directed by the judge to move on.
An interruption stopped witness testimony for a bit as Judge Roland received a whispered message from the court clerk. Revealing the issue, she informed all that the proceedings were being live streamed in Bannon’s War Room. Shocking, just shocking, I tell ya. The judge reiterated that the only method to watch the trial as private citizens is by gaining access through the State Bar link. No live streaming or recordings are allowed, she reminded everyone. This had been established early on in the trial, each day a reminder shot out to not record or stream. Fun times in Bannon World, having come under court notice in this breach of protocol. Not that it’s ever mattered to Bannon, having so far avoided time behind bars he so righteously deserves. Lock him up!
Returning to testimony about voting machine vulnerability, my notes read that Favorito spoke about his illusion of provable fraud and errors per VoterGA data analysis on mail in ballots. Judge Roland relayed to Favorito that his testimony of direct knowledge as basis for the vulnerability of the electronic voting process was not related to his cumulative experience in technology, soooo…halted once more were his innuendoes.
What’s for lunch? A cold serving of not today, asshat, courtesy of Judge Roland and the State Bar.
After a refreshing hour break, Favorito returned to the stand having done some research. He asked to make a correction to his testimony regarding his testimony in the adjudication process. He testified he had misspoken and wanted to clarify. With some assist from Miller, Favorito still floundered in his explanation of whatever-tf he was saying.
Judge Roland cut in to advise Favorito that he had given a lot of testimony about adjudication. She asked what was it in his testimony that he wanted to correct. He explained, with Miller’s help in questioning, there are two ways to adjudicate ballots, electronic and manual. Favorito stated that he had mixed up the two and Miller walked him through his tabulation correction for the record. Seeing that he had read about it over lunch and all, it was the right thing to do, no?
Much ado about poll tapes was a focus next. Poll tapes are printed out when the polls close and contain tallies of the votes up and down the ballot. VoterGA is not involved in the poll tape process and got access by way of a records request. Favorito testified that some poll tapes were not signed by whoever was supposed to sign them for verification purposes, and those missing signatures represented about 12,024 votes. An objection to Favorito’s speculation as to why they were unsigned was sustained.
Questioning revisited Favorito’s delusion of those nefarious voting machines. A VoterGA metadata review was testified to by Favorito as showing it impossible for votes to be adjudicated in the timing Fulton County claims. Favorito stated his 40 year experience in technology gives him the wherewithal to speak on the matter of voting machine vulnerabilities and ballot scanning in the adjudication process.
Judge Roland reminded Favorito that scanners have not been around for 40 years and asked what was it that he observed. He made reference to the Dominion manual he used as his guide to the timing expected in adjudicating ballots. The judge asked for more details seeking to understand. The process, he says, has two 3-member teams that go through each ballot and come to an agreement on the voter intent.
Multiple objections to opinions on election anomalies, tampering and more brought about a court function I was unaware of to date. That is, the State Bar asked for and was granted a continuing objection on the grounds of bullshit spewing, but in lawyer terms, of course. Lol wow.
Favorito is reminded once more by the judge when citing his experience in tech that he is not designated as an expert witness. To that, Miller throws a Hail Mary in an ask that Judge Roland declare him one. Quick answer, he had missed that deadline to request such, soooo… nope!
Exhibit details on a couple court filings, the Raffensperger letter and statement were briefly revisited before Team Eastman was done and the State Bar prepped for poking holes in Favorito’s testimony. One point of interest was that Favorito testified he was a GA elector whose vote was not counted filed a complaint, Petition for Declaration and Injunctive Relief. The outcome was not revealed, but likely was not ruled in Favorito’s favor.
The remainder of Thursday was the State Bar’s outstanding cross exam, a point by point hole-poking to Favorito’s testimony, start to finish. The lack of effort VoterGA put in to assure accurate details was effectively evidenced. Favorito tangled with Judge Roland when he refused to answer the State Bar about some data from a report he had published, stating the question was asking for an expert witness of which he is not. Miller tried to intervene, but the judge wasn’t allowing, insisting Favorito answer the State Bar’s question. Was comical to watch and he answered by chatting up a word salad in the end . Not a recommended strategy, to screw with this judge, imv.
On Friday, Sept 15th, more time with Favorito was endured, his third freaking day of drone. First, housekeeping matters included Judge Roland’s need for an updated exhibit list from the State Bar and Miller, and from Miller a witness list with dates. The trial may wrap up by Oct 4th. Please, please me.
Judge Roland wants a written brief from each side on their upcoming closing arguments to give her an understanding of oral arguments supported with case evidence. She set a 1-hour time limit on the finale, the opportunity to lay their ducks in a row, out loud in a neat little organized condensed version.
The final leg of Favorito’s testimony at last began. The State Bar enjoyed another feast of chew and spit at witness Favorito’s word salad buffoonery buffet. Judge Roland kindly interjected to help Favorito focus about the data regarding 86,000 votes he claims were counted in err from absentee ballots. The VoterGA analysis of how that number was reached was not added to the website, just that it was so without evidence, in the standard GQP way.
Waded through were affidavits, reports and other litigation exhibits that highlighted Favorito’s lack of knowledge in his previous testimony, and imv, his numerous clearly purposeful misinterpretations and spread of propaganda about Georgia’s 2020 Presidential Election.
A fun on topic and unexpected exhibit put up for display were X/Twitter tweets from Favorito’s account about him testifying in the trial as an expert witness. His response was that he did not post them and that other volunteers had access to his social media. Apparently, a come hear me roar call on Face Book was posted, too. Miller’s, “He never said he was an expert,” objection received a quick, “Yes, he did,” response from Judge Roland, with an objection overruled attached.
The State Bar had expertly gone through Favorito’s testimony with a fine tooth comb, entering evidence and hit after hit blew up Favorito’s testimony. Truly was a joy to watch unfold. Another nice observation to note was that after he left the stand, for lunch break, Eastman’s body language and facial expressions makes one imagine that he knows he’s in deep doo.
Returning to cross examination, the State Bar honed in on Favorito’s training in computer programing, his never having paid employment in any election system, statistics as an area he had no training in and coursework he did complete on how to be an election poll observer and audit monitor sponsored by the Constitution Party. He was asked about which professional journals, scholarly abstracts, political science publications or peer reviews he’s read regarding election results and the methodology he cites in his data analysis. His words implied nothing of value in readings adding the caveat that he wanted voters to determine for themselves whether the VoterGA conclusions were correct.
The State Bar continued to pound Favorito, whack, whack, whack with an unpleasant for him smackdown of his bullshit for a while longer before Miller came back for a redirect. Issues revisited in an attempt to validate Favorito’s cross examination involved a rehash of Trump v Rassensperger, the Geels report, Haldermann references on the analysis of ballot marking devices, citations made by VoterGA related to alleged election malfeasance, dissing the Secretary of State again, drop boxes and more. No silver bullet detected here, in all honesty.
Off the record called was surely a welcomed moment in time, set to resume Tues, Sept 26th at 10:00 AM EST and work through to the wrap up of court proceedings the first week of October.