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NEW from the 11AM hearing on @AZSenateGOP& #39;s review of the Maricopa County election:
Dem Party has standing to sue, and legislative immunity doesn& #39;t shield GOP senators from this case.
Dem Party has standing to sue, and legislative immunity doesn& #39;t shield GOP senators from this case.
Judge Martin says Senate& #39;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& #39;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& #39;s dealing with the issue of whether or not Cyber Ninjas should be allowed to keep its policies/procedures under seal.
Now he& #39;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& #39;s motion to intervene, but notes it& #39;s for a limited purpose: To oppose Cyber Ninjas and @AZSenateGOP& #39;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& #39;s no need because the secretary& #39;s arguments are so similar to the plaintiffs.
Attorneys for Cyber Ninjas are now citing a letter by @GeneralBrnovich, who brushed aside @SecretaryHobbs& #39; concerns in a letter late Friday afternoon, as evidence that Hobbs& #39; concerns don& #39;t have merit and she should not be allowed to intervene.
Judge Martin GRANTS @SecretaryHobbs& #39; motion to intervene, over objections from the defense. Martin says Hobbs has standing as the state& #39;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">https://twitter.com/beckerdav...
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">https://twitter.com/ben_giles...
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">https://kjzz.org/content/1... 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">https://kjzz.org/content/1...
Attorneys for both the plaintiffs and the defendants are opposing Burk& #39;s motion to intervene (which I profess, I haven& #39;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">https://twitter.com/Garrett_A...
Judge Martin DENIES Staci Burk& #39;s motion to intervene in the case.
Now Judge Martin is addressing the previous judge& #39;s temporary restraining order (TRO), which included a conditional stoppage of the audit of the audit (that didn& #39;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& #39;t settled on what "following the law" actual means... That is, what laws are applicable, or not applicable. tl;dr, don& #39;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& #39;s rental agreement at Vet. Memorial Coliseum expires.
They& #39;re making it sound like the work might no be done in time.
They& #39;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& #39; involvement in the case prohibits the court from again ordering bond, he says.
As a state official, Hobbs& #39; 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& #39;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& #39;t have evidence to show the law has been violated, but also provide no transparency of how the audit is being conducted.
Here& #39;s just one example of a lack of transparency from @azdemparty& #39;s attorney:
"They say that there are qualified people trained to handle the ballots... who?"
We don& #39;t know.
"They say that there are qualified people trained to handle the ballots... who?"
We don& #39;t know.
Attorney for @AZSenateGOP argues against a halt to the audit, says no damage has been done to Arizona voters.
"Which voters& #39; vote has been unmasked... no one."
"Which voters& #39; 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& #39;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& #39;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& #39;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& #39;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.
