Oh, this will be fun to watch.
A defamation and computer fraud lawsuit filed this week against Texas-based True the Vote asks a judge to essentially determine whether the election-integrity group’s campaign against a small election vendor constitutes slanderous lies or a participation in criminal acts.
The suit was brought by Konnech Inc., a small elections logistics company based in Michigan. It alleges that True the Vote and its followers launched a stream of false and racist accusations against the company’s founder, forcing him and his family to flee their home in fear for their lives and damaging the company’s business. The suit cites True the Votes’ public claims that it hacked the company’s servers and accessed the personal information of nearly 2 million U.S. poll workers.
In a rare move, the judge granted Konnech’s request for a temporary restraining order against Catherine Engelbrecht and Gregg Phillips, leaders of True the Vote, a nonprofit organization known for making allegations of voter fraud without evidence to support their claims. Judge Kenneth Hoyt of the U.S. District Court for the Southern District of Texas found a “substantial likelihood” that Konnech would “suffer irreparable injury” without it. The order also prohibits True the Vote from accessing, or attempting to access, Konnech’s computers or disclosing any of the company’s data and orders the group to disclose more information about the alleged breach.
Experts told Votebeat the damage done through the spread of conspiracy theories about election software companies such as Konnech by groups like True the Vote could impact the already limited tools available that help election officials hire, train and schedule election workers.
True the Vote has for years claimed that voting machines are not secure and that U.S. elections are increasingly fraudulent but has offered little evidence, and its claims have failed to stand up to basic scrutiny. Konnech’s lawsuit specifically names Engelbrecht, True the Vote’s founder, and Phillips, a board member, saying that they “have intentionally, repeatedly, and relentlessly attacked” Konnech, and its founder, Eugene Yu, with a “unique brand of racism and xenophobia.”
Engelbrecht and Phillips, for example, repeatedly called Yu a “Chinese operative” who was spearheading a “Red Chinese communist op run against the United States.”
“On August 27, 2022, True the Vote posted an article claiming that Konnech is ‘owned by the Chinese Communist Party,’ even though Konnech is owned by U.S. citizens who are not affiliated with the Chinese Communist Party, and claiming that Konnech is involved in the ‘subversion of our elections’ which is tantamount to falsely accusing Konnech of election fraud, treason, and espionage,” the complaint states.
True the Vote named its campaign targeting Konnech and Yu the “Tiger Project.”
The fact that a federal judge granted the temporary restraining order under the case’s circumstances is significant, said Peter Vogel, a Texas litigation attorney who specializes in cybersecurity and information technology. Federal judges rarely grant injunctions without allowing a defendant to present evidence, he said.
“So that tells me that there must be very persuasive evidence for a federal judge to grant a temporary restraining order without having the other side be present,” Vogel said
Vogel also has decades of experience as a computer programmer and has examined electronic election systems for the Texas secretary of state’s office.
Another significant aspect of the order, he said, is the relatively low level of bond the judge required Konnech to post: just $100. The bond usually protects the enjoined parties from any damage.
“This tells me the judge doesn’t think there’s any damage to the defendant.” Vogel said.
TTV sure has been making the news lately. None of this story is a surprise – I mean, really, what did you expect? – but it sure could be a rude awakening for them. Later in the story comparisons are made to the lawsuits filed by the likes of Dominion and Smartmatic against various bad actors in the media and the greater Trump orbit, and if the allegations are true then I think they’re going to be in a world of hurt. And boy howdy, could it not have happened to a nicer and more deserving bunch. There’s a hearing scheduled for September 26, so hopefully we’ll learn more soon.