Thread by @JMShumway, Starting now: Senate attorney Kory Langhofer says the case can't proceed because [...]

Starting now:

Senate attorney Kory Langhofer says the case can't proceed because
1. Legislators have legislative immunity during the #azleg session
2. The AZ Dem Party doesn't have standing
3. Separation of powers https://twitter.com/JMShumway/status/1385655962766168064

https://twitter.com/JMShumway/status/1385655962766168064

Plaintiff's attorney Roopali Desai counters that legislative immunity is not as broad as Langhofer thinks it is. They're not suing over the fact that the investigation is happening, but over specific laws the audit is broke, she said.

Alexander Kolodin, with the Cyber Ninjas, says plaintiffs have known for a long time that the audit was going to happen, and the auditors have a limited amount of time to work.

Desai: "The Senate has told us that they're running the so-called audit, but they have abdicated their duty entirely to rogue actors who are making a mockery, with all due respect, of our election laws and our procedures."

Desai cites recent media reports, including @morganloewcbs5's footage showing how anyone could just walk into the coliseum, and @JenAFifield's revelation this morning that the counters are using blue pens.

Langhofer is sticking to arguments about legislative immunity.

Langhofer doesn't think blue pens should have been brought up because he didn't know they were an issue, and he doesn't want any references to hate groups.

Judge Coury asks if the Senate will be willing to agree to fully comply with Arizona law. Get rid of the blue pens, make sure people handling ballots are certified to do so, ensure secret ballots are kept secret, etc

Langhofer says the Senate is following state laws, but that many of the procedures in the Election Procedures Manual don't apply.

Kolodin (who also an attorney for the @AZGOP) is defending how the Cyber Ninjas are conducting their audit. He can't answer the judge's question about identifying information for voters, including their signatures.

Coury asks about the cost to the Senate and Cyber Ninjas if he put in a temporary hold, until Monday at 12 p.m., so they can get him proof that there are procedures in place to follow state laws.

Kolodin says that will likely cost hundreds of thousands of dollars. Coury again asks about confidentiality procedures, saying it gives him pause to not know how voters' privacy will be protected.

County's attorney is asking that the judge immediately freeze the counting and preserve ballots, at least until all blue pens are removed from the coliseum.

Attorney for @SecretaryHobbs says the secretary has been asking questions for weeks about how the audit will be conducted.

Kolodin reply: "I'm sorry, there was a press conference last night."

Kolodin then went on a tangent about how the Democratic Party failed in their job to get candidates elected and are now trying to derail the audit instead. Coury ruled him out of order

Langhofer is back on the blue pens, which he is calling an "evidence-less theory that came up for the first time during this case."

Because Republic reporter @JenAFifield saw them used just a couple hours ago, as the county's attorney just explained.

Judge Coury says he doesn't want to micromanage another branch of government.

Coury wants briefings on the separation of powers, legislative immunity and the standing issue.

And he orders the audit PAUSED from 5 p.m. today until Monday at noon, provided the plaintiffs post a $1M bond.

There will be a second hearing at 11 Monday. Coury says the Cyber Ninjas and Senate must provide him with copies of all their policies and procedures over the weekend.

While the pause wouldn't take effect until 5 p.m., the judge's other orders will take effect immediately. The blue pens need to be off the floor.

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