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HAPPENING NOW, a hearing in the legal challenge to the Senate GOP-led review of the 2020 election in Maricopa Co.
Judge Martin says two things happening today: Hear arguments to keep Cyber Ninjas' filings under seal, and whether to issue a new order that could halt the audit.
Judge Martin says two things happening today: Hear arguments to keep Cyber Ninjas' filings under seal, and whether to issue a new order that could halt the audit.
Oh great.
Cyber Ninjas wants to swap attorneys. They're dropping Alexander Kolodin and want to bring on Jordan Wolff.
Wolff filed a motion to delay the hearing, says he's not prepared to argue the issues the judge wants to address today.
Cyber Ninjas wants to swap attorneys. They're dropping Alexander Kolodin and want to bring on Jordan Wolff.
Wolff filed a motion to delay the hearing, says he's not prepared to argue the issues the judge wants to address today.
The judge ain't too happy about this.
He DENIES the motion to delay the hearing. https://twitter.com/ben_giles/status/1387461793597968387
He DENIES the motion to delay the hearing. https://twitter.com/ben_giles/status/1387461793597968387
Now Judge Martin is trying to figure out who can argue today's issues -- new atty, Wolff, or the old one, Kolodin.
Neither is chomping at the bit to argue the case today...
The judge drops Kolodin, says Wolff is going to be at a disadvantage but will just have to do his best.
Neither is chomping at the bit to argue the case today...
The judge drops Kolodin, says Wolff is going to be at a disadvantage but will just have to do his best.
In summary, Cyber Ninjas brings on new attorneys at the last minute who say they're unprepared to argue their case at today's hearing.
Judge Daniel Marin says too bad, and the hearing will continue on.
Judge Daniel Marin says too bad, and the hearing will continue on.
Now we're starting to hear arguments about whether or not records detailing @AZSenateGOP, and by extension, Cyber Ninjas, must be made public or kept under seal.
First up: Attorney for Senate Republicans.
First up: Attorney for Senate Republicans.
. @AZSenateGOP's attorney, Langhofer, is arguing that legislative privilege/immunity applies to this audit.
As long as what's happening (the audit/recount) is a legit legislative function, privilege and immunity should apply to the process, he says.
As long as what's happening (the audit/recount) is a legit legislative function, privilege and immunity should apply to the process, he says.
If I'm following this right, and that's a BIG if...
Langhofer is arguing defendants/courts need to butt out for now and "trust" the legislature to handle it's affairs.
Maybe someone can sue later, say, if the legislature adopts a bad law based on what could be a faulty audit.
Langhofer is arguing defendants/courts need to butt out for now and "trust" the legislature to handle it's affairs.
Maybe someone can sue later, say, if the legislature adopts a bad law based on what could be a faulty audit.
Basically, Langhofer is arguing the audit ITSELF isn't a legislative process, but it's crucial to an ACTUAL legislative process: drafting and voting on legislation.
(What's at stake? That legislation could impact Arizona elections going forward.)
(What's at stake? That legislation could impact Arizona elections going forward.)
Langhofer offers an alternative way to assure the judge/defendants that voters' rights are being protected:
“We can answer those questions, under oath, through declaration for example, without throwing open… every communication the legislature has had.”
“We can answer those questions, under oath, through declaration for example, without throwing open… every communication the legislature has had.”
Langhofer warns that making all @AZSenateGOP records, communications, policies, etc., bad things will occur:
“If we produce all of those documents, we will not be treated fairly by opposing counsel, and my clients think, by the press.”
“If we produce all of those documents, we will not be treated fairly by opposing counsel, and my clients think, by the press.”
Now up, Andy Gaona arguing on behalf of the @azdemparty and @Steve_Gallardo, for records to be an open record.
He argues that Cyber Ninjas is "unquestionably" asking as an arm of the state (the AZ Senate).
He argues that Cyber Ninjas is "unquestionably" asking as an arm of the state (the AZ Senate).
Gaona notes that senators, their liaison Ken Bennett, have spoken publicly multiple times... he also cites Bennett's Q&A on Telegram and @FannKfann's interview yesterday on KTAR.
Gaona says they can't pick and choose what's public or not.
Gaona says they can't pick and choose what's public or not.
Gaona argues it'd be wrong to allow senators and others speak on behalf of the audit when they choose, with whoever they selectively choose... but then cite legislative privilege to hide crucial documents and records about the election review from the public.
Broadly, Gaona also argues that the election review -- audits of voting machines, the recount of ballots -- is not "an inherent legislative act." In other words, this isn't normal legislative activity.
And the process/procedures for the audit won't inform possible legislation.
And the process/procedures for the audit won't inform possible legislation.
Next up, @DanCBarr on behalf of the First Amendment Coalition, a group of local media organizations.
Gaining media access to this process has been a slog, but a new agreement now allows pool reporters/photogs to take shifts and watch the process at Vets Memorial Coliseum.
Gaining media access to this process has been a slog, but a new agreement now allows pool reporters/photogs to take shifts and watch the process at Vets Memorial Coliseum.
Barr notes a lack of facts/affidavits to support Cyber Ninjas claim that the records the court ordered they produce should be kept under seal.
Barr summarizes Cyber Ninjas as such: "The information is confidential because we say it's so."
Barr summarizes Cyber Ninjas as such: "The information is confidential because we say it's so."
Barr describes that as circular logic.
It's pretty much been the SOP for people like Bennett, the spokesman for the Senate and process at large.
'We say everything is fine, and you have to trust us, because we're not going to produce anything to prove everything is fine.'
It's pretty much been the SOP for people like Bennett, the spokesman for the Senate and process at large.
'We say everything is fine, and you have to trust us, because we're not going to produce anything to prove everything is fine.'
Next up, Josh Bendor representing @SecretaryHobbs.
He's also touching on how selective Cyber Ninjas and @AZSenateGOP are being about what can & can't be made public.
Bendor notes there are livestreams of the coliseum floor, yet they're refusing to release procedures.
He's also touching on how selective Cyber Ninjas and @AZSenateGOP are being about what can & can't be made public.
Bendor notes there are livestreams of the coliseum floor, yet they're refusing to release procedures.
Next up, Judge Martin gives a chance for the new Cyber Ninjas attorney, Jordan Wolff, a chance to chime in.
He again states he's not ready to argue the case, and leans on the filings by the previous attorney.
He again states he's not ready to argue the case, and leans on the filings by the previous attorney.
We're at recess while Judge Martin considers all the arguments he just heard about whether certain @AZSenateGOP records & Cyber Ninjas docs outlining policies and procedures should be kept private or public in open court.
We're back.
Judge Martin says records on the audit process/procedures ARE NOT protected by legislative privilege.
Martin says that privilege MAY extend to Senate GOP communications, though.
Judge Martin says records on the audit process/procedures ARE NOT protected by legislative privilege.
Martin says that privilege MAY extend to Senate GOP communications, though.
Judge Martin also says attys for Cyber Ninjas FAILED to show there's an overriding interest in keeping policies/procedures under seal.
He DENIES the motion to keep records a secret and to close the court hearing when those records are being discussed in open court.
He DENIES the motion to keep records a secret and to close the court hearing when those records are being discussed in open court.
However, Judge Martin is anticipating attorneys for Cyber Ninjas & @AZSenateGOP will appeal his ruling to the Arizona Supreme Court.
His ruling will take effect noon tomorrow, but not if an appeal is filed.
His ruling will take effect noon tomorrow, but not if an appeal is filed.
Now Judge Martin is considering the plaintiffs request for a temporary restraining order (that could mean a pause of the audit).
Martin says @azdemparty & @Steve_Gallardo HAVE NOT made sufficient arguments to warrant a TRO.
Martin says @azdemparty & @Steve_Gallardo HAVE NOT made sufficient arguments to warrant a TRO.
Judge Martin concedes that the plaintiffs may succeed as the trial continues, but says they didn't meet the standard of a STRONG LIKELIHOOD of success. So the audit continues.
The judge declines to issue a temporary restraining order, but he also makes clear he's ready to schedule an evidentiary hearing ASAP -- but that could be impacted by any appeals to the state Supreme Court.
However, attorneys for the @azdemparty say it's tough for them to make arguments until the processes/procedures are publicly released and they can see them.
That release is scheduled for noon tomorrow, but unlikely to happen -- more likely that attys for defendants will appeal.
That release is scheduled for noon tomorrow, but unlikely to happen -- more likely that attys for defendants will appeal.
Martin's last two orders for the day: parties in the case have to meet and try to come to an agreement by 5PM that would give @SecretaryHobbs and election experts access to the coliseum.
He also officially denied the request for a temp. restraining order.
Hearing over.
He also officially denied the request for a temp. restraining order.
Hearing over.
No clue when another hearing may occur. It might've been too soon to schedule, anyway, given that @AZSenateGOP and Cyber Ninjas are expected to appeal the ruling about publicizing docs to the state Supreme Court.
