This is something you'd learn in your first year at law school. If, as Trump's complaint alleges, Dominion did destroy evidence then the evidence is immediately assumed to support the opposing party's allegations.
Biden's defense would now have to prove there was no fraud as if Trump's team had certain evidence of there being such.
Except that in all of the filings I have seen so far, Biden is not a named defendant. So he does not personally have any evidentiary burden in any of these proceedings. Your argument would however apply to the other defendants.
He doesn't literally mean Biden. Biden side.
Don't LARP as a lawyer.
Just because you allege wrongdoing and destruction of evidence doesn't mean you force the burden of proof on to the other side.
You carry the burden of proof until you show that the other side committed the wrong. You prove fraud happened before other side needs to defend themselves.
Also, here the opposing party is a Republican state government rather than Biden.
Stop with the cope and get hard into either evidence gathering or adding to the rally numbers.
I believe the assumption mentioned here is if spoliation has been proven. You do not address that.
Your point about the opposing party is good.
Nothing has been proven because there has been no case yet.
We believe we can prove it and we are currently trying to either prevent it from occurring or prevent it from getting worse.
I don't address it because we aren't there yet.
When canvassing boards certify results and state legislatures approve electors, they are affirming that the election and tabulation were conducted fairly and according to applicable laws.
Given the obvious levels of fraud committed, anyone advancing the false claim that the election was fairly conducted, whether through signature, vote, or public statements, is part of the conspiracy and deserves to be punished.
Never cede the null hypothesis when it is rightfully yours.
This is literally the reason Rudy skirted around specifically alleging fraud in his court cases. Law is complicated, LARPing as a lawyer just makes you sound like a retard to everyone.
100% behind us supporting rallys though, that's something anyone can do
Proof of the destruction is proven. Stop larping yourself.
Absolute kek.
Show me the court order stating that it is proven.
Inb4YouCantBecauseThereIsNoCourtHearingYet
Shut up retard, grown-ups are talking technical subject matter.
OP, your analysis is so bad, it actually could have come from a 1L.
There is the “burden of proof” and there is the burden of persuasion.
Only where evidentiary burden shifting doctrines are in play (spoliation, joint and several liability etc) does the burden of proof shift to a defendant.
OP invariably means the “burden of persuasion” which would shift upon a prima facie showing of the elements of the allegations in the Complaint.
Don’t quit your day job
Once a plaintiff has clearly demonstrated that its case is founded on clear and convincing evidence, the burden of proof to explain shifts to the defendant.
any idea how they (Biden) would prove that? It'd be nice to be ahead by looking for proof to disprove any proof they may bring to the table
I’m not a law student, but I disagree. The onus is still on the Trump team to prove that fraud exists. “Innocent until proven guilty” applies here. If dominion did destroy evidence, the onus would still be in the Trump team to prove that the evidence was destroyed with criminal intent. Since there are no active law enforcement investigations (thanks FBI) and no charges are pending anywhere that I know of, dominion can destroy all the evidence they want.
nope, that is only criminal court, this is civil
The basic rules still apply even in civil court. There still has to be charges filed and some kind of active investigation.
but aren’t they required by law to preserve the election data for 22 months or something?
In this thread, Lionel Hutz the law talking guy answers your questions about law stuff. Not a LARP but the real thing. Here, have a smoking monkey!
When you move past law school and into practice, you learn that destruction of evidence is defended by inadvertent accidents and other procedures put in place before litigation came to light.
It sucks and especially when the govt destroys the evidence.
lol, you forgot about Mueller not exonerating everything that was out of his purview? dont act like the swamp cares about the justice system, it clearly thinks it is above objective reality.
This was always their plan. They want a war. To prove how dangerous populism is. Don't okay this game.
I mean, I would see this country fight and eventually recover than continue down the path of communism that the left has expedited.
I’ve always been a “rip the bandaid off” kind of guy
Giving them what they want is not the correct solution. They also want us to do nothing.
I like the Trump method of giving it to them tenfold.
All the US Supreme Court has to do is declare the election spoiled in three or four swing states, and the election goes to the House.
Destruction of evidence may be the critical factor in determining whether the election was spoiled.
Dude it’s proving a negative.
You’re trying to prove something DID NOT HAPPEN.
Like I said. You’re wasting your time
What you're saying is: Biden has to prove something DID NOT happen.
Do you know how impossible it is to prove a negative? I'll give you a hint: in this particular case it's literally impossible.
It's really easy in this case, Biden (not literally Biden) has to prove that each ballot counted was a legal ballot. The evidence that can conclusively prove it is there, but they're destroying it.
It’s almost impossible to prove a negative in a real world setting. There’s an infinite amount of possible ways to cheat.
This is from a philosophy/math perspective. Proving a negative is notoriously impossible; good luck wasting your time.
It's not a negative, it's proving a positive. Htf can you have an election and not be able to prove the results?
Won’t matter, on the 20th Biden will be inaugurated. Prepare yourself.
How about fucking off right to the furthest edge of getting fucked off and then fuck off the rest of the way.
Even if he is, he won't be our president. GEOTUS forever!