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Michigan Court of Claims Judge Cynthia Stephens calls today's hearing in the Trump campaign's lawsuit.
I'll be covering the proceedings for @LawCrimeNews.
Background by my colleague @EluraNanos: https://lawandcrime.com/2020-election/what-you-need-to-know-about-trump-campaigns-post-election-day-lawsuits/?utm_source=mostpopular
Watch along here:
I'll be covering the proceedings for @LawCrimeNews.
Background by my colleague @EluraNanos: https://lawandcrime.com/2020-election/what-you-need-to-know-about-trump-campaigns-post-election-day-lawsuits/?utm_source=mostpopular
Watch along here:
As in many proceedings during the COVID-19 era, there are a figurative menagerie of bugs and technical problems in the hearing before proceedings kick off.
The Trump camp's lawyer Thor Hearne is up first:
"Many of the ballots have in fact been counted," he says, asking that the Trump campaign and the co-plaintiff, Michigan voter Eric Ostergren, be allowed to observe.
The judge presses him out the gate.
"Many of the ballots have in fact been counted," he says, asking that the Trump campaign and the co-plaintiff, Michigan voter Eric Ostergren, be allowed to observe.
The judge presses him out the gate.
Judge Cynthia Stephens sums up the evidence:
"What I have at best is a hearsay affidavit, I believe, that addresses a harm that would be significant, but that's what we've got."
The affidavit does not allege firsthand knowledge.
"What I have at best is a hearsay affidavit, I believe, that addresses a harm that would be significant, but that's what we've got."
The affidavit does not allege firsthand knowledge.
The affidavit that the judge noted was hearsay can be found here.
https://beta.documentcloud.org/documents/20402184-trump-camp-declarations
Q: Which is generally known as hearsay, right?
Trump's lawyer disagrees, saying there was a small note... slipped to the affiant by someone else.
https://beta.documentcloud.org/documents/20402184-trump-camp-declarations
Q: Which is generally known as hearsay, right?
Trump's lawyer disagrees, saying there was a small note... slipped to the affiant by someone else.
Judge Stephens is not impressed.
"I heard someone else say something. Tell me how that is not hearsay. Come on now!"
"I heard someone else say something. Tell me how that is not hearsay. Come on now!"
Assistant Michigan AG Heather Meingast is now up.
Kevin Hamilton is up for the DNC:
"The plaintiffs have failed to establish an actual controversy... for the simple reason that the factual record before does not support the relief sought."
"The plaintiffs have failed to establish an actual controversy... for the simple reason that the factual record before does not support the relief sought."
Hamilton:
"No evidence in the record would allow the court to find a likelihood of success on the merits."
Agreeing the affidavit is hearsay, he ups the ante by saying it may be "double-hearsay."
"No evidence in the record would allow the court to find a likelihood of success on the merits."
Agreeing the affidavit is hearsay, he ups the ante by saying it may be "double-hearsay."
As for the relief sought, Hamilton notes: "There is no right to video surveillance" of voters casting ballots.
Hamilton: "All of this is really an effort to stop the counting of ballot by Michigan voters."
Judge: Are you alleging that the individual election officials had a practice that separated the ballots per ballot drop-box?
Hearne, the Trump camp's lawyer, says he cannot answer that.
Hearne, the Trump camp's lawyer, says he cannot answer that.
Judge Stephens DENIES the Trump campaign's request for emergency relief in Michigan.
This is the campaign's second loss in one day.
This is the campaign's second loss in one day.
"Even if this relief were available," the judge notes, the suit was filed at 4 p.m. yesterday and therefore it was filed too late.
"I will endeavor to get an order out" by tomorrow afternoon.
Adjourned.
Story ahead, @LawCrimeNews.
"I will endeavor to get an order out" by tomorrow afternoon.
Adjourned.
Story ahead, @LawCrimeNews.
ICYMI, the Trump campaign's back-to-back losses:
The Georgia ruling:
https://lawandcrime.com/awkward/georgia-judge-throws-out-trump-campaign-lawsuit-that-produced-exactly-zero-evidence-of-fraud/?utm_source=mostpopular
"‘Come on Now’: Michigan Judge Scoffs at and Tosses Trump Campaign Lawsuit Backed by ‘Hearsay’ Evidence" https://lawandcrime.com/2020-election/come-on-now-michigan-judge-scoffs-at-and-tosses-trump-campaign-lawsuit-backed-by-hearsay-evidence/
The Georgia ruling:
https://lawandcrime.com/awkward/georgia-judge-throws-out-trump-campaign-lawsuit-that-produced-exactly-zero-evidence-of-fraud/?utm_source=mostpopular
"‘Come on Now’: Michigan Judge Scoffs at and Tosses Trump Campaign Lawsuit Backed by ‘Hearsay’ Evidence" https://lawandcrime.com/2020-election/come-on-now-michigan-judge-scoffs-at-and-tosses-trump-campaign-lawsuit-backed-by-hearsay-evidence/
