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Dominion Voting Systems Sues Rudy Giuliani

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Re: Dominion Voting Systems Sues Rudy Giuliani

#341

Ken White has been talking about the potential for this suit for a couple weeks now. He spends a lot of time talking about what isn't defamation --- people use defamation suits and threats thereof to chill free speech, and he's a 1st Amendment guy --- but the Dominion cases are apparently examples of very serious defamation cases. The core of defamation is (1) a false statement of purported fact that (2) causes damag…

[deleted]

Re: Dominion Voting Systems Sues Rudy Giuliani

#342

Earlier quoted context omitted.

It'll be a win/win situation if baseless allegations of fraud are punished, and every detail of how voting machines work, including source code, are made public.

I agree but wouldn't making the source code becoming public make the machines more prone to hacking?

Not at all, it's actually the opposite. Security by obscurity is a terrible way of securing software since once someone backward-engineers it, you're hacked. Instead, if you open source it, all security researchers will be able to audit the code and be paid bounty money if they find bugs (and believe me, they will find bugs).

Re: Dominion Voting Systems Sues Rudy Giuliani

#343
post #317

Earlier quoted context omitted.

Conversely, hand filled out ballots are a mess, often illegible, the hanging chad fiasco, etc. With electronic voting, the voter can (should?) see on a screen exactly what they did, and the machine can make multiple exact copies in electronic and paper formats of that exact result. There is far less ambiguity in the physical record once this has been done.

The UK has paper-only ballots and none of this stuff is a problem. (There are no "hanging chads" because ballots are marked by the voter with a pen or pencil on a piece of paper). The polls close at 10pm, the votes are counted overnight by volunteers, and the winner takes office the next morning. It always baffles me that the US system is so complicated.

There are not literal hanging chads but you can still have problems, such as marks in multiple boxes when only one choice is permitted, or marks outside the designated boxes.

Re: Dominion Voting Systems Sues Rudy Giuliani

#344

Ken White has been talking about the potential for this suit for a couple weeks now. He spends a lot of time talking about what isn't defamation --- people use defamation suits and threats thereof to chill free speech, and he's a 1st Amendment guy --- but the Dominion cases are apparently examples of very serious defamation cases. The core of defamation is (1) a false statement of purported fact that (2) causes damag…

> The problem is that it's not totally clear whether Giuliani believed any of his crazy-talk. It may actually be the case that Giuliani is just off his rocker. If he himself was sold by the (false) facts he received from others, he is a more difficult defamation target.

That part seems bizarre. Surely he ought to still be culpable is he said false things with the intention to damage Dominion, even if he can convince the court that he believed the things he said. Unless, of course, you're talking about an insanity defense or a claim of provocation, but those a very different matter, and I highly doubt that's a viable route.

Re: Dominion Voting Systems Sues Rudy Giuliani

#345

Earlier quoted context omitted.

> It does seem strange to me that we set the bar so high for defamation Well, it's not that strange, if you look at how frequently mere threats of defamation lawsuits are used to chill free speech.

Indeed. The solution, though, is simple: every man woman and child in the USA should just get a law degree!

Every man, woman, person, camera, TV!

Re: Dominion Voting Systems Sues Rudy Giuliani

#346

Ken White has been talking about the potential for this suit for a couple weeks now. He spends a lot of time talking about what isn't defamation --- people use defamation suits and threats thereof to chill free speech, and he's a 1st Amendment guy --- but the Dominion cases are apparently examples of very serious defamation cases. The core of defamation is (1) a false statement of purported fact that (2) causes damag…

Dominion seem to be spinning this out as a campaign, so I doubt Giuliani is the end point.

I also doubt Trump is the end point.

Re: Dominion Voting Systems Sues Rudy Giuliani

#347
post #295

Earlier quoted context omitted.

But that's the thing about Dominion -- their machines do generate a paper trail, and this paper trail was audited. One of the big pushes to secure this election compared to previous ones was to use as many voting machines with auditable paper trails as possible.

> their machines do generate a paper trail Not the same kind of paper trail that exists when a voter fills out a paper ballot. If I fill out a paper ballot, that ballot is independent evidence of the votes I intended to cast, because I filled it out directly, with no machine in the middle. So that paper ballot is a useful auditing mechanism for checking on machine-generated vote counts. If I electronically cast votes…

That doesn't seem much different than saying that a traditional hand-filled ballot doesn't leave a useful paper trail because there's no evidence that the voter placed the pen markings where they intended to place them. Which, in fact, is an argument that's been made before with hand-filled ballots.

Re: Dominion Voting Systems Sues Rudy Giuliani

#348

Earlier quoted context omitted.

Perhaps a more pertinent question comes from the perspective of realpolitik. Which is more damaging to US political institutions, having an illegitimate president or admitting that the election was stolen? I'd wager an admission of election changing fraud would make it almost impossible to recover any trust in political institutions. What would be the next steps from admitting that the election was fraudulent? Given…

The plan was enacted over the weekend... Only you never saw it. Biden, his cabinet, and tons of both Dem and Republican senators and other officials were arrested. Proof of their vast crimes was shown. They were court martialed and found guilty. However, it was decided this was too much for the American people to accept. Overturning the election and showing the crimes of these politicians could lead to Civil War. So…

That scenario has potential to be developed in to an interesting novel or movie.

Re: Dominion Voting Systems Sues Rudy Giuliani

#349

Earlier quoted context omitted.

Coz there is a significant risk of penalty, of jail time. That's what a sworn affidavit is, is it not?

You can create a sworn affidavit that says you suspected someone did something evil. It's a true statement that doesn't prove someone did something evil.

Did you read the affidavits? They include statements of fact, not just "I felt it was wrong." They can therefore be disproven with material evidence. If they are disproven with material evidence then that person will go to jail.

Re: Dominion Voting Systems Sues Rudy Giuliani

#350

I sincerely hope that whatever happens with these lawsuits doesn't chill the speech of actual voting machine security research.

Anyone actually involved in voting machine security research, and not just a fraudulent troll like Rudy Giuliani, welcomes this lawsuit. His unhinged spouting of unsubstantiated conspiracy theories has only harmed and discredited legitimate voting security research.

The thing that confounds me is that this is the same guy who took down organized crime in NYC the 1990s. No small task, and one that required meticulous gathering and handling of evidence. And then later he was a very successful mayor. Are we to believe he's simply gone insane in his old age?
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