There's a case for Sidney Powell's circumstantial evidence

There has been much speculation since Sunday as to why the Trump legal team would throw attorney Sidney Powell under the bus.  The suggestion has been made, not only by left-leaning media outlets, but also those formerly seen as trusted news sources, that Powell's contention that the election was stolen largely through the manipulations of Dominion voting machines employed in battleground states are the ravings of a crazed conspiracy theorist

My opinion differs.  That opinion, likely shared by many of the 73 million voters who chose Trump, is informed not only by common sense and a regard for the truth, but also from my work as a prosecutor successfully trying scores of cases to judge and jury.

Ms. Powell's summary of the facts, as presented at last Thursday's press conference and as expounded upon during the past few days, is the kind and quality of substantial evidence, which, if presented to a jury, would easily result in a unanimous verdict by all twelve jurors, beyond a reasonable doubt, that the re-election of Donald J. Trump was stolen through the use of the Dominion voting software systems installed in states throughout our country. 

For those who want a refresher on that evidence, I recommend Joe Hoft's excellent article, published Nov. 23 in Gateway Pundit, where he summarizes not only our commonsense observations regarding the national enthusiasm for Donald Trump in comparison to Basement Joe, but also provides a litany of expert and statistical analyses, including that by MIT Ph.D. Dr. Shiva Ayyadurai, all converging on one inescapably reasonable conclusion: the election was stolen.

Some may argue that we have no "direct" evidence such as the data from the servers.  The only evidence Trump has is "circumstantial" such as the opinions of the experts.

In my work as a prosecutor, many of my cases were won solely on "circumstantial evidence."  A seminal rule of criminal law and one of which every juror in a criminal case is instructed informs the jury that "[b]oth direct and circumstantial evidence are acceptable types of evidence. ... Neither is entitled to any greater weight than the other."

The jury is further informed that if you are presented with two interpretations of circumstantial evidence, one of which is reasonable and the other is unreasonable, "you must accept only reasonable conclusions and reject any that are unreasonable." 

So we saw with our own two eyes the massive enthusiasm for Trump during campaign after campaign with tens of thousands showing up at each of his stops at airports across the country.  Trump during the last several days doing four and five stops a day as he crisscrossed America.  And we contrasted that with Ol' Joe and the six or eight, or, at his few blockbuster rallies, a few hundred who would show up.

And then on the night of the election.  Trump ahead hundreds of thousands of votes, and then the vote-counting suddenly shut down in all the key swing states until, in the early morning hours, under cover of darkness, tens and hundreds thousands of votes were found — most, and in some instances all, cast for Biden.

And then we have the experts such as Dr. Shiva Ayyadurai, who have explained the statistical anomalies affirming what we know — the impossibility of that having happened in fact and in truth.  Yes, there is only one reasonable explanation from the evidence.  The "election" of Joe Biden was "won" by fraud.  It doesn't matter how many cute or clever media pontificators tell us otherwise or that there is no "evidence" to prove it.  We know by substantial evidence who won this election and who won it by a landslide.

So why did the Trump legal team throw Sidney Powell under the bus?  My theory is consistent with Sidney Powell's character.  She is a courageous woman who is absolutely dedicated to the truth.  But Sidney Powell does not do politics. 

Everything was fine between Sidney and the Trump legal team until, a few days after the joint press conference, she gave an interview on Newsmax where she claimed that the governor of Georgia and the secretary of state (both Republicans, by the way) had conspired and received bribes to install the Dominion voting system in their state.  I can assume there were a few phone calls to the White House from individuals angry at the allegation.

I don't know if those allegations are true, but whether higher-ups in the Republican Party received kickbacks or were complicit in installing the Dominion system is an issue far secondary to whether the cancer of the Dominion voting machines and its pernicious software will be ripped root and branch from the machinery of the American election process.  If Sidney Powell and the Trump team fail in that goal, then not only will Trump lose this election, but so also We the People will have lost our constitutional republic.

Robert Kirk, a retired prosecutor, suffers from a rare malady that afflicts only a tiny percentage of his fellow Californians: commonsense conservative thought.  For more info or to contact go to:

Image credit: Nick Youngson via Blue Diamond GalleryAlpha Stock ImagesCC BY-SA 3.0.

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