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Judge asks campaign lawyer if GOP observers are in the room or not.
Lawyer says there "is a non-zero number" of them in the room.
Judge, losing patience, asks, "Are people repping DJT Trump for President in that room?"
Yes.
"Then what's the problem?" judge asks.
Lawyer says there "is a non-zero number" of them in the room.
Judge, losing patience, asks, "Are people repping DJT Trump for President in that room?"
Yes.
"Then what's the problem?" judge asks.
Judge says whole thing is likely to be moot if, as he reads, the count will be completed soon anyhow.
Judge still scratching his head about the constitutional issue or matter of federal law at stake here.
Now he is setting a brief recess to let the parties work out the question of access for all observers--how close, where they get to stand, etc.
Now he is setting a brief recess to let the parties work out the question of access for all observers--how close, where they get to stand, etc.
Trump campaign lawyer tried to raise one more question.
The judge, Paul Diamond, audibly sighs.
The judge, Paul Diamond, audibly sighs.
Trump campaign lawyer says he wants 25 observers in the counting room.
Judge says each side can have 30 people in the counting room with appropriate social distancing measures.
If other candidates on the ballot want proxies in the room to watch the count, it comes out of each party's 30, Judge Diamond says.
Judge says there's "a lot more heat than light" being generated now and for the foreseeable future and just wants to work this out.
Judge says there's "a lot more heat than light" being generated now and for the foreseeable future and just wants to work this out.
Now in recess pending negotiations by parties.
We're back in Philly.
Judge Diamond is already gently miffed.
He is simply not sure he should be hearing this case at all, jurisdiction-wise.
He's a wee bit impatient with the details of where observers can stand: How many feet from the ballots, which tables are interposed, etc.
He is simply not sure he should be hearing this case at all, jurisdiction-wise.
He's a wee bit impatient with the details of where observers can stand: How many feet from the ballots, which tables are interposed, etc.
(Federal judges, as a general rule, are experts at evincing august exasperation.)
"The world has its eyes on Philadelphia right now," Judge Diamond says, begging the two sides to simply pick a number of observers they both want in the counting room.
He settles on 60 observers per side, Dem-GOP.
If that's not enough, he says, call my law clerk.
"We're always open."
If that's not enough, he says, call my law clerk.
"We're always open."
That's 120 total observers in the Philly counting room.
They have to stay behind a barrier and observe social distancing rules, of course.
If one side or other hasn't acted in good faith, he will "police the conduct of counsel."
"Am I clear?"
Wants to show the world that both side can act reasonably.
If one side or other hasn't acted in good faith, he will "police the conduct of counsel."
"Am I clear?"
Wants to show the world that both side can act reasonably.
Hearing adjourned. Out.
