PHOENIX (3TV/CBS 5) -- A lawsuit filed by President Trump's legal team to contest the 2020 General Election results in the state of Arizona has been dismissed by a federal judge.
According to the final ruling issued Tuesday by U.S District Judge Diane Humetewa, not only did the plaintiffs fail to provide the court with factual support for their claims of fraud, illegality, and statistical impossibility, but they failed to even provide a standing for the court to consider them.
"Allegations that find favor in the public sphere of gossip and innuendo cannot be a substitute for earnest pleadings and procedure in federal court. They most certainly cannot be the basis for upending Arizona’s 2020 General Election. The court is left with no alternative but to dismiss this matter in its entirety," Judge Humetewa wrote in her ruling conclusion.
The lawsuit hoped to compel the federal court to compel Governor Ducey to "de-certify" the election results after he and Secretary of State Katie Hobbs certified the statewide canvass on November 30. President Trump's lawyers also wanted to prevent Secretary Hobbs and Governor Ducey from transmitting the certified election results to the Electoral College.
Judge Humetewa said the plaintiff's complaint claimed to show "multi-faceted schemes and artifices implemented by Defendants and their collaborators" to defraud the election. The complaint goes on to say these schemes allegedly resulted in "the unlawful counting, or fabrication, of hundreds of thousands of illegal, ineligible, duplicate or purely fictitious ballots."
According to the court filing, the court found that the plaintiffs could not establish a likelihood of success on their claims. The counts were found to insufficiently show allegations of fraud, had multiple inadmissible affidavits, declarations, and expert reports that the complaint relied on.
Judge Humetewa dismissed the lawsuit in its entirety and ordered all remaining pending motions denied as moot. The hearing on the plaintiff's temporary restraining order and preliminary injunction set for the 10th was also vacated.
Secretary of State Katie Hobbs released the following statement in response to the ‘Kraken’ lawsuit:
Today’s dismissal of the election lawsuit marks a turning point in our democratic process. It’s time for us to turn our attention to rebuilding our faith in each other. My sincerest concern about each of these legal actions was never that they would invalidate the results, but were instead intended to create discord and dissolution, further exploiting divisions in our communities. Although the courts have dismissed these claims, the damage has been done. We are emerging from an election cycle that has further normalized vitriol and violence.
Read the full lawsuit final ruling here:
Maricopa County Board of Supervisor's Clint Hickman released the following statement on the ruling:
Today, once again, a judge upheld the accuracy of Maricopa County’s election. In seven lawsuits with one appeal, the four superior court judges, seven Arizona Supreme Court justices and one federal court judge all looked at Maricopa County’s election and found no misconduct or fraud.
"The people have ample reason to have confidence in their 2020 election. The dismissals of these seven cases back up what the Board of Supervisors has said from the beginning: the 2020 General Election was run with integrity and transparency," Hickman went on to say. "I want to personally thank the dedicated County employees who worked tirelessly and through a pandemic to ensure each and every one of us – including the nearly 2.1 million residents who chose to vote in the November General Election – were able to vote safely and accurately."
Less than 24 hours ago, the Arizona Supreme Court agreed with lower courts that Democrat President-elect Joe Biden won Arizona's 11 electoral votes.
In court documents released on Tuesday, the Arizona Supreme Court said Arizona Republican Party Chairwoman Kelli Ward requested more time to review duplicate ballots aside from the 1,626-ballot sample that was already done. The results found an audit of those ballots was 99.45% accurate, with only nine errors.
Arizona's highest court has agreed with the lower court and that Democrat President-elect Joe Biden won Arizona's 11 electoral votes.
The high court said Ward "offered no evidence" to show that the sample was inadequate or that there was any widespread fraud that could be proven with more samples.
Electors will meet on Monday, December 14, to submit their votes for Joe Biden. Arizona is a "winner take all" allocation, meaning electors are usually pledged to vote according to their statewide popular vote, but if they vote against, they're called a "faithless elector." Some states, including Arizona, have passed laws banning faithless electors. If an electoral voter votes faithlessly, they can either be replaced or even fined.
Arizona's law, ARS 16-2-212, states in part the following:
"A presidential elector who knowingly refuses to cast that elector's electoral college vote as prescribed...is no longer eligible to hold the office of presidential elector and that office is deemed and declared vacant by operation of law."