The witness is code-named “Spyder.” Or sometimes “Spider.” His identity is so closely guarded that lawyer Sidney Powell has sought to keep it even from opposing counsel. And his account of vulnerability to international sabotage is a key part of Powell’s failing multistate effort to invalidate President-elect Joe Biden’s victory.
Powell describes Spyder in court filings as a former “Military Intelligence expert,” and his testimony is offered to support one of her central claims. In a declaration filed in four states, Spyder alleges that publicly available data about server traffic shows that voting systems in the United States were “certainly compromised by rogue actors, such as Iran and China.”
Sounds damning, no? Except that it's all a lie. Powell's mystery witness wasn't a military intel analyst. He was a wheeled-vehicle mechanic, who left the Army as an E-4 after ten years of service.
Records show that Merritt is an Army veteran and that he enrolled in a training program at the 305th Military Intelligence Battalion, the unit he cites in his declaration. But he never completed the entry-level training course, according to Meredith Mingledorff, a spokeswoman for the U.S. Army Intelligence Center of Excellence, which includes the battalion.
“He kept washing out of courses,” said Mingledorff, citing his education records. “He’s not an intelligence analyst.”
In an interview, Merritt maintained that he graduated from the intelligence training program. But even by his own account, he was only a trainee with the 305th, at Fort Huachuca in Arizona, and for just seven months more than 15 years ago.
His separation papers, which he provided to The Post, make no mention of intelligence training. They show that he spent the bulk of his decade in the Army as a wheeled vehicle mechanic. He deployed to the wars in Iraq and Afghanistan, where he said he worked in security and route clearance. He held the rank of specialist when he was honorably discharged in 2013, having received several commendations.
As the article explains, the 305th MI Battallion is a training outfit. They analyze nothing. This self-styled "military intelligence expert" couldn't complete the inital training courses. he was an E-4 who was, in essence, pushed out at the end of his enlsitment because the Army has little use for career members of the E-4 Mafia.
Gee. So it seems that one of Trump's lawyers has been repeatedly fibbing to several courts over the strength of her case and the qualification of her witnesses. "I can prove corruption, my expert witness, a truck mechanic, saw the conspiracy!"
Funny thing: Most good lawyers know that shading the truth in filings to a court is a very bad thing. It causes the judges hearing the case to treat what the lawyer says with considerable skepticism. Even bad lawyers know that if one really fibs to a court and gets a judge upset, that can result in disciplinary action.
But the rules always seem to be different for Team Trump.
11 comments:
Question of the week (spread it around): How come Attorney Sidney Powell hasn't been disbarred yet?
Yours crankily,
The New York Crank
I believe that they're (so far) evading sanctions by carefully parsing what they say in court ( see wild claims of "voter fraud" in press conferences v. " this is not a fraud case " in actual court. I'm not sure where the burden of proof lies(!) WRT expert witnesses.There are numerous instances of expert-testimony shopping by attorneys (the tobacco lawsuits come to mind for example. To paraphrase q anon "where we get away one, we get away all'
Kinda like their stacks of "affidavits"... Garbage in, garbage out.
-Doug in Sugar Pine
I stole some of your post and used it elsewhere, with attribution, of course.
-Doug in Sugar Pine
When does the Daubert Standard come into play? Or, are the presentations so inept or incomplete that "expert" testimony never arises?
FOr presenting a vexatiousand frivilous case to the court and
failing... who pays court costs?
I'm sure I'd have to for doing that.
The upside is that now they have shown their stripes and we
know who they are. Its not popularity, its infamy.
Eck!
Don't scoff at the E-4 mafia. A lot of them are company clerks and you never can tell what could happen with your records if you didn't pay tribute. They're also barracks lawyers and the go to guys when it comes to regulations. And most of all they know how the TOP (First Sergeant) likes his coffee. Take it from an old red leg Artilleryman
Hey Seafury, I never knew you were an ex cannon cocker. Me too, 255th Field Artillery Radar Detachment. 10.5 months in Vietnam and never saw a projectile on the screen, friendly or VC/NVA. Had a rather good war, as the Brits say. Artillery, Queen of battle. How's your tinnitus? Mine roars along on 2 freqs 24/7/365. DOD pays me nothing. Should I sue like a common trump?
Ah. The curse of permanently wartime induced tinnitus. Mine is from working on jet fighters and a couple of near misses from mortars while stationed in Bien Hoa. About 5kHz with varying amplitude throughout the day and sounds like squealing disc brakes.
Gave up in the 70's trying prove it and manage to tune it out with music. But compared to so many more who suffered serious injuries, I'm not complaining.
E-4's and E-5's ruled the roost and a hard side eye look usually got everyone in line.
No one wanted them in your face.
JustMusing
I took up electric bass in September 2017, best and only treatment/therapy/distraction/silencing of fucking tinnitus for that short time when my fingers fly. And the blues is what I play, brother. Many hours a week. Probably my best psychic therapy as well. I practice physical PT also. (Fucking arthritis and new hip-for which I can't blame the US Regular Army). I don't just like to play bass, or love to play, I need to play. Good thing I live alone because, as Homer Simpson said, "the bass is a great solo instrument".
SHELL HE, CHARGE4 GREEN BAG FUZE PD BATTERY 3 FFE READY.....FIRE!!!!! My hats off to you two. My service was all peacetime. And I'm thankful. Had both eardrums ruptured and if you can believe I've always been able to pass a DOT physical hearing test. Been a gear jammer for over 30 years. I was surprised there weren't any companies that shot Howitzers after I got out. Spent my entire active and Guard carreer on the M109 155SP. A1,A2 and A3. Started off as a cannoneer, then driver AGunner, Gunner, Section chief, then Gunnery Sergeant. Back when you laid the battery with an M2 aiming circle. Good times.
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