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NEW from the 11AM hearing on @AZSenateGOP's review of the Maricopa County election:
Dem Party has standing to sue, and legislative immunity doesn't shield GOP senators from this case.
Dem Party has standing to sue, and legislative immunity doesn't shield GOP senators from this case.
Judge Martin says Senate's authority to conduct a review MUST be balanced with constitutional protections of ballot secrecy and confidential voter information.
Those were some of Judge Martin's preliminary observations. He had a lot of briefs filed over the last few days to digest as the new judge for the case.
Now he's dealing with the issue of whether or not Cyber Ninjas should be allowed to keep its policies/procedures under seal.
Now he's dealing with the issue of whether or not Cyber Ninjas should be allowed to keep its policies/procedures under seal.
An attorney for the First Amendment Coalition argues it should be allowed to intervene: “I can’t imagine a higher public interest here than the validity of the vote and the care that a public company gives to live ballots, which are protected by the state Constitution.”
Judge Martin GRANTS the First Amendment Coalition's motion to intervene, but notes it's for a limited purpose: To oppose Cyber Ninjas and @AZSenateGOP's efforts to keep court filings and the whole court hearing under seal/close to the media.
The judge is now considering whether to let @SecretaryHobbs intervene in the case. An attorney for the @AZSenateGOP says there's no need because the secretary's arguments are so similar to the plaintiffs.
Attorneys for Cyber Ninjas are now citing a letter by @GeneralBrnovich, who brushed aside @SecretaryHobbs' concerns in a letter late Friday afternoon, as evidence that Hobbs' concerns don't have merit and she should not be allowed to intervene.
Judge Martin GRANTS @SecretaryHobbs' motion to intervene, over objections from the defense. Martin says Hobbs has standing as the state's chief election officer.
Attorneys for Cyber Ninjas, in briefs and in the court, described their efforts to audit/recount ballots: https://twitter.com/beckerdavidj/status/1387114203987722240
Judge Martin schedules time for ORAL ARGUMENTS on the motion by Cyber Ninjas to shield their procedures/policies from the public.
Tomorrow, 10AM.
Tomorrow, 10AM.
CORRECTION: 10:30AM https://twitter.com/ben_giles/status/1387117757716525059
Now the judge is considering a motion by Staci Burk to intervene. You may remember Burk from her lawsuit to overturn the election https://kjzz.org/content/1643505/8th-suit-over-presidential-election-results-arizona-fails and for her role in a dumpster-diving episode at Maricopa County Election HQ. https://kjzz.org/content/1674867/when-misinformation-spreads-among-arizona-gop-voters-can-republican-change-their
Attorneys for both the plaintiffs and the defendants are opposing Burk's motion to intervene (which I profess, I haven't seen).
It bears repeating, this is tough for some people to believe given that Cyber Ninjas CEO Doug Logan has alleged the election was rigged on social media. https://twitter.com/Garrett_Archer/status/1387119028800421896
Judge Martin DENIES Staci Burk's motion to intervene in the case.
Now Judge Martin is addressing the previous judge's temporary restraining order (TRO), which included a conditional stoppage of the audit of the audit (that didn't happen) but also an order that Cyber Ninjas, @AZSenateGOP follow state election law/procedures.
Attorneys for the state Democratic Party want, at a minimum, an extension of the TRO, but also an injunction to halt the audit "until we have absolutely certainty that the laws are being followed."
Attorneys for @AZSenateGOP argue they are following the law, but also that the court hasn't settled on what "following the law" actual means... That is, what laws are applicable, or not applicable. tl;dr, don't issue an injunction.
Attorney for Cyber Ninjas is hyping the efforts of firms, volunteers, liaison Ken Bennett in trying to complete the audit before May 14, when the Senate's rental agreement at Vet. Memorial Coliseum expires.
They're making it sound like the work might no be done in time.
They're making it sound like the work might no be done in time.
Attorney for @SecretaryHobbs is arguing that a halt of the audit could/should now be issued WITHOUT the conditional requirement of a $1M bond.
As a state official, Hobbs' involvement in the case prohibits the court from again ordering bond, he says.
As a state official, Hobbs' involvement in the case prohibits the court from again ordering bond, he says.
Attorney for the state Democratic Party is now rebutting arguments against a TRO/audit halt.
Says its contradicting to say plaintiffs don't have evidence to show the law has been violated, but also provide no transparency of how the audit is being conducted.
Says its contradicting to say plaintiffs don't have evidence to show the law has been violated, but also provide no transparency of how the audit is being conducted.
Here's just one example of a lack of transparency from @azdemparty's attorney:
"They say that there are qualified people trained to handle the ballots... who?"
We don't know.
"They say that there are qualified people trained to handle the ballots... who?"
We don't know.
Attorney for @AZSenateGOP argues against a halt to the audit, says no damage has been done to Arizona voters.
"Which voters' vote has been unmasked... no one."
"Which voters' vote has been unmasked... no one."
No immediate decision from Judge Martin on continuing the TRO, ordering a halt of the audit.
HOWEVER, Martin says, "I'm not yet persuaded … that the rights of Maricopa County voters have been protected."
Not a great comment if your @AZSenateGOP, Cyber Ninjas.
HOWEVER, Martin says, "I'm not yet persuaded … that the rights of Maricopa County voters have been protected."
Not a great comment if your @AZSenateGOP, Cyber Ninjas.
Court is adjourned for today.
Tomorrow at 10:30AM there's another hearing on requests to keep Cyber Ninjas policies/procedures shielded from public view.
Between now and then, Martin may also make a decision regarding a restraining order/injunction halting the audit.
Tomorrow at 10:30AM there's another hearing on requests to keep Cyber Ninjas policies/procedures shielded from public view.
Between now and then, Martin may also make a decision regarding a restraining order/injunction halting the audit.
