Dominion is suing him...
This is my understanding on the matter (I'm no lawyer, but I've seen a bit of legal proceedings in my time).
If he releases the evidence he collected personally, which instigated the suit, he is basically giving up the ability to use the evidence in discovery as a defense for his statements.
If you release evidence publicly, a judge can rule it inadmissible if it has too much public attention. It could sour the ability to put together an unbiased case.
If that happens, other judges would also be able to strike down the same data for the same reasons, based on precedent.
That might be the reason he isn't putting them out there. Dominion is just buying time in court to prevent the data coming out now.
You might say "but he already has publicized his findings."
True, but at this point it's just hear-say. Actually handing out the dirty laundry of Dominion would 100% make it impossible to put together an unbiased case.
Remember the ultimate reason the court system gives when you ask them "but, why do it that way?"
"F#CK YOU, THAT'S WHY" - Every judge, ever.
It sucks, but that's just how crooked the court system is.
Edit: I'm dumb, it's a civil case, so no juries. Still, it isn't good form, as it tells the judge you're not gonna play nice. I made some corrections. jury->case. Thanks to u/amarQ144/ for pointing it out before I make us look too foolish.
That’s what the Dominion lawsuit is all about. They don’t give a shit about discovery, they continue to delay the inevitable.
NCSWIC
Let's pull on this thread a little bit. I assume Lindell knew the ruling was coming. Could he have used the PCAPS as a 'carrot' to see what the Trump appointed judge would rule on in the defamation lawsuit? Obviously the courts are a toss up at this point with so many on the black hat payroll. Did Lindell and team force the judge to push the lawsuit forward and to the DISCOVERY phase to keep the PCAPs from going public?
Good thinking!
As always the 48 hour rule proves itself. Once the emotions settle things normally start to make sense.
Mike may of held back on advice from his attorney when the case went forward, but not for the reasons you state. It's a frig'n civil case. "Unbiased jury"??? Yikes!
Crap, you're right.
Ugh...
Still, though, it's not good form for the courts.
Mike has strong evidence and a strong will, even without PCAPS. He may have been given bad info and stopped it's release just in time. D. Montgomery is not only not to be trusted, he is most likely an operative for c_a/ dominion/soros/chyna. I think they thought they had dealt Lindell the final blow. The plan was for him to release info that would be slanderous to Dominion and provable false...$1.3 billion worth. This would also discredit Mike and all who participated. Look for a link to the Co. SoS password release for a further criminal charge against Mike and certain participants.
Thank you for posting this. It’ll hopefully sort a few people out.
Civil cases can have a jury, there just has to be a jury demand by one of the parties. Maybe you are thinking of a Grand Jury in a criminal case?
I don't understand this argument that if he releases the information publicly he can't use it in his defense. Truth is a defense to defamation. How does releasing it now make it inadmissible in his case?
If you release it early it shows bad faith.
It makes it seem like you're trying to win in the court of public opinion (mob justice) alone.
Not that it can't be true, but wen you're going up with a crooked judge to begin with, you don't want to risk giving them an easy out to favor your opposition.
That is very interesting point. Going to think on these things.
Why is it nit a criminal case? Is not election fraud a crime?
Dominion is suing Mike and Sidney for defamation.
Basically they are claiming Mike and Sidney are talking smack with unfounded claims (ridiculous to say at this point) and it has hurt their profits and image.
Seeing how Mike and Sidney are the defense, you'd better damn hope it isn't criminal.
oh i thought he was suing them
Game Theory
Friday?
That’s not the way anything works. There’s no rule that would prohibit you from introducing evidence your claims were true just because the information was already public. A judge might order a defendant (or plaintiff) to stop talking publicly about a case, but defense evidence would never be ruled inadmissible on the grounds it had been previously disclosed.
https://www.law.cornell.edu/rules/fre/rule_403
.
These can be applied by Dominion.
https://www.law.cornell.edu/rules/frcp/rule_37
https://www.law.cornell.edu/rules/frcp/rule_26#rule_26_a
.
Cut to the chase: If he discloses early, Dominion can claim he subverted the Court's ability to form a Discovery Plan and ask for the data to be inadmissible.
I know that's not how you, or any other God-fearing human being, would apply common sense to evidentiary discovery, but remember what I said earlier:
None of those really seem applicable here. 403 covers evidence that is in itself prejudicial or “needlessly cumulative” in the sense that the litigant is trying to swamp the court with documents. Rule 37 covers litigants who fail to participate in good faith at the discovery stage. Barring some weird corner case—though I can’t think of one—neither would permit the exclusion of otherwise material evidence just on the grounds that one of the parties made it public in advance of litigation. Rule 26(a) gives a party an opportunity to ask to delay compelled discovery; it doesn’t mean nobody can publish any information related to the case until the court says so.
Let me guess: It's all part of The Plan.
Sez who?
Says Dominion and the crooked judge they bought.
IAAL but not actively on a bar, and these two statements are idiotic.
So, every person that commits murder can just release the evidence and then they go free???