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In a hearing set to begin momentarily, Judge Sullivan plans to question "the apparent lack of compliance" by USPS with his order to sweep postal facilities on Election Day to make sure no ballot was left behind. @CourthouseNews background: https://www.courthousenews.com/postal-service-ignores-order-to-sweep-post-offices-for-mailed-ballots/
Sullivan, always very friendly with both parties, is NOT happy.
“I would like you to explain just what the heck happened yesterday.”
“I would like you to explain just what the heck happened yesterday.”
Judge Sullivan says that Postmaster General DeJoy may need to appear before him to testify.
DOJ said it can make Kevin Bray, a USPS official, available to testify today on the lack of compliance with yesterday's order.
When govt's attorney raised Brey's availability, Sullivan said he doesn't get to decide.
“It’s up to the court to tell him when he’s available.”
When govt's attorney raised Brey's availability, Sullivan said he doesn't get to decide.
“It’s up to the court to tell him when he’s available.”
Have to stress that Sullivan is always very calm and cordial but from the bench today has already raised his voice several times.
Judge is taking a 10 minute break now.
My call dropped just now so had to dial back in and there's 232 people on the line.
For context, there were less than a dozen people on Monday's call.
For context, there were less than a dozen people on Monday's call.
Sullivan planning to reconvene at 1:30 p.m. to hear witness testimony from Bray.
In more of his usual tone, Sullivan closed out the initial hearing telling everyone to take a deep breath.
"We’re going to get through this.”
"We’re going to get through this.”
Sullivan's clerk is back on the line getting parties set up for the continued hearing...
Sullivan's back and with Kevin Bray, USPS's executive lead for mail processing in 2020 election, is on the line and will testify.
Plaintiff attorney running through initial questions with Bray.
So far know he's the USPS executive in charge of mail processing for the election 2020, a role he has held 4 weeks.
So far know he's the USPS executive in charge of mail processing for the election 2020, a role he has held 4 weeks.
Bray in response to questions providing a detailed run through of mail sorting and delivery process, including outbound scans for mail heading to final destination sites.
Last half hour has been very in the weeds on mail delivery and now moving on to sweeps of mail processing facilities.
On the 300K ballots that USPS doesn't have tracking data on, Bray said that the delivery process included removing election mail from the normal mail stream to accelerate delivery, bypassing the normal scanning process.
Bray: “I wasn’t worried about necessarily the scans on the mail pieces as much as I was about delivering the mail by the most accelerated process possible.”
Bray said that in hindsight USPS could have set up a tracking system for ballots on the accelerated delivery routes, but stressed speed was the focus.
The certification of USPS facility checks were only to confirm completion, there was no reporting process for mail found in the wrong location during the "all clear" process, Brey said.
Brey: “That was the whole gist of the sweep, to continuously move it [election mail] through the network, to not let it sit."
Asked if local mail-in ballots put into the mail yesterday will be delivered today to relevant boards of elections, Bray said: "Absolutely. We expect that 100 percent.”
Bray asked about 135 ballots delivered late in Western Pennsylvania, said: “Having mail that late is bothersome. I would like to see it.”
Asked about local ballots mailed Sat but that were delivered one day late, on Tue instead of Mon, Bray said: “I don’t know why and there’s no excuse. It should never have happened."
Moving on next to NAACP attorney's questions for Bray. But first, 15 min break.
Also someone's not muted themselves on the line and there's a dog barking very, very loudly.
Also someone's not muted themselves on the line and there's a dog barking very, very loudly.
And we're back with more questioning of Bray, the top USPS official overseeing 2020 election mail delivery.
A follow up on my previous tweet about the dog barking -- I'm a big fan of furry friends on virtual hearings, a small perk in this strange world we're living in.
A follow up on my previous tweet about the dog barking -- I'm a big fan of furry friends on virtual hearings, a small perk in this strange world we're living in.
USPS also looked into a report that about four days of mail-in ballots were sitting on a loading dock in Greensboro, NC.
DOJ just informed the court that postal officials confirmed there are no ballots in the plant.
"All local ballots have been dispatched today."
DOJ just informed the court that postal officials confirmed there are no ballots in the plant.
"All local ballots have been dispatched today."
More furry friends...
“It’s rare that a deposition is interrupted by my cat," an attorney for the plaintiffs says laughing.
“It’s rare that a deposition is interrupted by my cat," an attorney for the plaintiffs says laughing.
Bray made clear USPS does not have data on the number of ballots still in the system to be delivered in states counting mailed ballots postmarked by Election Day.
Sullivan ordered he provide that data by tomorrow 9am.
Sullivan ordered he provide that data by tomorrow 9am.
Sullivan praising postal workers saying that his and the plaintiffs' hearts go out to them as the ones who are making the system work.
But looks like DeJoy may still have to answer for the failure to comply yesterday...
Sullivan to DOJ: “Tell your clients they’re not off the hook. But I want to focus on the pressing issues now."
Sullivan to DOJ: “Tell your clients they’re not off the hook. But I want to focus on the pressing issues now."
That's a wrap for today. Sullivan with be back with DOJ and plaintiffs tomorrow 11 am with Bray available for questions.
Expect discussion on data due at 9am on ballots still in the delivery process in four districts, in NC and Penn.
Expect discussion on data due at 9am on ballots still in the delivery process in four districts, in NC and Penn.
