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LIVE-TWEETING today's court arguments on the #AZaudit, beginning at 10:30.
We'll be joined by election security consultant and triple threat @ThePolitiKat and all around threat (and election attorney) @TomRyanLaw!
Ct filings, more: http://bit.ly/AZlaw1186
We'll be joined by election security consultant and triple threat @ThePolitiKat and all around threat (and election attorney) @TomRyanLaw!
Ct filings, more: http://bit.ly/AZlaw1186
And, you can follow along with us (and keep us on our toes) by watching here (Ct's site): https://bit.ly/3tOmM0m
UPLOADING yesterday's filings for reading.
1) Declarations filed by Plaintiff @azdemparty
2) @SecretaryHobbs proposed Complaint vs @FannKfann/State Senate/Ninjas
3) Ninjas me-too'ing Senate's filing about filing under seal.
http://bit.ly/AZlaw1186
1) Declarations filed by Plaintiff @azdemparty
2) @SecretaryHobbs proposed Complaint vs @FannKfann/State Senate/Ninjas
3) Ninjas me-too'ing Senate's filing about filing under seal.
http://bit.ly/AZlaw1186
FYI, I've notified the Court personnel about the issue with the live feed.
They should NOT begin without the public and media being able to watch!
--PW
They should NOT begin without the public and media being able to watch!
--PW
We have some new attorneys jumping in this morning.
--Greg Jernigan, the State Senate's general counsel, is on.
--Jordan Wolff from Wilenchik & Bartness is also here for Cyber Ninjas. Supplementing the Kolodin firm.
--pw
--Greg Jernigan, the State Senate's general counsel, is on.
--Jordan Wolff from Wilenchik & Bartness is also here for Cyber Ninjas. Supplementing the Kolodin firm.
--pw
Jordan Wolff, attorney is the new Cyber Ninjas attorney from the law firm of Wilenchik & Bartness.
http://www.wb-law.com/attorneys/jordan-wolff/
-TR
http://www.wb-law.com/attorneys/jordan-wolff/
-TR
Judge Martin is on the bench. Hearing underway. - TR
First issue whether Cyber Ninjas have to publicly disclose their policies and procedures. Second issue is going to be the injunction. Also, the substitution of counsel request. - TR
Wilenchik makes Emergency Motion to continue today's arguments, based on Cyber Ninjas' desire to switch firms last night.
Judge Martin denies the substitution of counsel because the exigencies of this case means it has to go forward.
--PW
Judge Martin denies the substitution of counsel because the exigencies of this case means it has to go forward.
--PW
Wolff had filed an emergency motion to delay hearing today. Wolff claims he is not prepared to proceed. Court asks Kolodin how to proceed? Emergency motion for delay denied. Wolff and Kolodin have to decide how to proceed now.... - TR
This is already interesting. And I’m the non-lawyer in the group. -KC
Judge Martin now allows Wilenchik's Wolff to sub in, but denies the emer motion to continue. Wolff will have to handle it the best that he can.
--PW
--PW
Request ex parte denied. Motion to withdraw/substitution of counsel granted. Motion to continue hearing denied. Wolff will have to proceed. In the words of Homer Simpson DOH! - TR
Langhofer starts arguing the under seal issue. He reps State Senate, and wants to make clear he doesn’t share the Ninjas’ trade secrets argument. Just the legislative immunity part of the issue. (You can’t tell us what to do.)--PW
Langhofer making legal(istic) arguments on it. For his filing, go to http://bit.ly/AZlaw1184 --PW
Langhofer now says this audit/recount is NOT legislative function. HOWEVER, that was the FOUNDATION of their argument in the case against the County to enforce the subpoena. --PW
I'm going out for a ciggy and coffee. Lemme know when Langhofer is done.... -TR
The story starts years ago, when I first started studying immunity. --Langhofer (sorta)
--pw
--pw
Kory Langhofer is currently arguing for Legislative Privilege/Immunity for the Senate and their agent performing the audit. He is claiming legislators received thousands of calls from constituents concerning the 2020 General Election. -KC
Boys & Girls, gather 'round. If you start your argument with "When I first studied this issue back in law school" you have zilch, zip, zero, nada of a meaningful argument going on. -TR
Langhofer raises one of the Brnovich v Board of Regents cases, where the AZ Supreme Court recently considered AG's right to sue ABOR.
Here's that Opinion: https://bit.ly/3t14rwb
--PW
Here's that Opinion: https://bit.ly/3t14rwb
--PW
BTW, Langhofer mentioned law school. He graduated from Yale. --PW
Folks, if you are watching the live stream, it may be frozen - Kory Langhofer is currently arguing. We will update when they change speakers, because at this point we’ve watched so much 2020 election litigation, we know which voice goes with which attorney. - KC
Langhofer may intentionally taking time to permit Cyber Ninjas' new attorney to get up to speed. (Also leaves less time for the trade secrets argument!) --PW
The press and the Democrats won't treat the State Senate's documents about the audit/recount fairly. --Langhofer.
Wait, wut?
--PW
Wait, wut?
--PW
Andy Gaona is arguing for Plaintiffs AZ Dems. He praises the Judge’s opinion yesterday that this case turns on how the Senate/Ninjas handle the ballots.--PW
Gaona: “Cyber Ninjas are certainly acting under color of state law and they are being paid by taxpayers.”--PW
Gaona: Even if the Senate has leg immunity, they waived it by selectively speaking about it publicly to right-wing media outlets.
--PW
--PW
Gaona now argues that Langhofer didn't get the gist of the Brnovich v ABOR case right. This (below) is a key paragraph.
--PW
--PW
