I am watching the hearing in the case brought in California to reverse the recent expedition of the census count — the challengers are asking for a TRO — and judge is struggling to get DOJ to stick to basic questions she has about how to even describe what's going on.

DOJ is eager to tell the judge about how the challengers are mischaracterizing how quickly the counting is winding down, and keep trying to drift away from her questions to get into that. She's finally just let the DOJ attorney to give his shpeel.

When pressed by the judge, DOJ attorney says that certain offices are being wound down when their region's reach 85-90% counted.

Judge Koh: “It sounds like your scheduling dates before that 85-90 percent number is met." points to documents filed by the plaintiffs

The docs suggest San Diego, one of the places where count is being wound down, is way under the 85-90 percent. DOJ attorney is struggling to explain what is going and urges the judge to wait for a declaration that will be filed by top Census official Albert Fontenot later tonight

Judge Koh: You don't have the answers but you're going to file them in a few hours?

Things are getting existential. DOJ Attorney Aleks Sverdlov: "'Close out 'is a state of being. It's not the closing of the office."

DOJ says "replan" (the new expedited plan) was approved on August 3, but was in development before that.
Judge: When did the development begin?
DOJ: The anticipation of the need to begin to develop the plan began in June.

DOJ is leaning hard into idea that Census Bureau had no choice but to speed up the count b/c Congress wouldn't move the deadlines. "At some point it came apparent that legislative relief ...wasn't coming."

This version of events hides the ball quite a bit. The WHITE HOUSE asked the Senate GOP to fund more $$ in its COVID proposal rather than move back the deadlines (via NYT) https://www.nytimes.com/2020/07/21/us/politics/trump-immigrants-census-redistricting.html

Judge has been very patient so far, but she's getting frustrated that DOJ can't answer a question she has about which agencies were involved in reworking the counting plan. She had asked for an answer at a previous hearing.

Unable to answer the judge's questions about census operations, DOJ again trying to get back to threshold issues. He's made clear he wants to create a record for appeal.

Judge has been asking about documents and reporting filed by the challengers indicating that winding down operations earlier than Sept. 30.
"Why am I only hearing this now?" she asks, noting this isn't explained on the Census website, nor was it mentioned at hearing last week