New York: Dr. Yomare Polanco stated on Tuesday, January 2, that his lawyers, Albert Robles and Timothy Kolman, filed a motion seeking Judge Gerald Austin McHugh to reconsider the decision to transfer to Dominican courts the lawsuit filed by Polanco in the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA against the Central Electoral Board (JCE), the Dominican state, the Dominican consulate in New York, some former officials of the past government of the Dominican Republic, and leaders of the PLD in the United States and the Dominican Republic.
Dr. Yomare Polanco and his legal team, consisting of attorneys Albert Robles and Timothy Kolman, decided on Thursday, December 21, to submit a motion seeking a correction of the decision by Judge Gerald Austin McHugh, the head of the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. In case number 2:22-cv-02598-GAM, this decision sends civil action No. 22-2598, filed by Dr. Yomare Polanco, to the Dominican courts.
In his conclusion, Judge Gerald Austin McHugh recused himself from the case, invoking the “FORUM NON CONVENIENS” recourse to have the lawsuit heard in the courts of the Dominican Republic.”This is a complex case. We deal with multiple fronts: one against the government and the Dominican consulate in New York. Another front against the Central Electoral Board (JCE), and a fourth front against the Dominican Liberation Party (PLD) and some of its leaders in the Dominican Republic and the U.S.,” Dr. Yomare Polanco explained in an interview with the Dominican television program Revista 110, hosted by the renowned communicator Julito Hazim. This multi-faceted lawsuit underscores the gravity of the situation.
“All these actors were part of the criminal framework of our candidacy and our voters in the 2020 elections. These four fronts and their lawyers have tried to dismiss the lawsuit technically because no one has been able to deny the facts mentioned in it,” Polanco said.
“That lawsuit contains the whole truth of what happened in the past elections in the OCLEEs of New Jersey, Pennsylvania, and Washington DC, where they broke the chain of custody of the voided votes, burned them, and later disappeared to try to hide a mega-fraud where they stole my candidacy to favor the PRM,” he said.
“Let me be clear: the lawsuit is valid. It has merit, and it needs to be litigated. The time for negotiation and dismissal has passed. We are filing a motion for the judge to have the opportunity to take back the case himself when we prove that the Dominican courts denied us the rule of law and violated all procedures to evade justice in making fair decisions,” Polanco stated with conviction. His firm belief in the case’s validity should instill confidence in the audience about pursuing justice.
Polanco expressed that those involved in the lawsuit have tried to sell the idea that the judge’s decision was a severe setback for them. Still, it is quite the opposite because they do not mention that, in the same legal provision, the judge warns if the case needs to be handled correctly in the Dominican Republic. Justice is not served; it can return to the courts in the United States.
An appeal is imminent if the judge does not retract
Dr. Yomare Polanco explained that his legal team is seeking the most straightforward paths for the case to be heard in the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. However, he warned that if Judge Gerald Austin McHugh dismisses the motion, everything is ready to submit the appeal process through the Third Circuit Court of Appeals of the United States, which would be the jurisdiction where the lawsuit will continue in the United States.