Read on Twitter
A hearing in a GOP-touted lawsuit alleging debunked tales of voting irregularities in Nevada is about to begin.
I'll listen in and provide updates.
Meanwhile, here's background by @LambeJerry on why officials there say the story doesn't add up. https://lawandcrime.com/2020-election/officials-debunk-trump-campaigns-story-about-womans-vote-being-stolen-in-nevada/
I'll listen in and provide updates.
Meanwhile, here's background by @LambeJerry on why officials there say the story doesn't add up. https://lawandcrime.com/2020-election/officials-debunk-trump-campaigns-story-about-womans-vote-being-stolen-in-nevada/
The Nevada Secretary of State's legal brief notes that a state court already rejected the claims being brought to a federal judge today.
The DNC called the suit "nothing more than a desperate attempt by plaintiffs’ counsel to make an end-run around the loss they suffered in Nevada state court just a few days ago on nearly identical claims," in a pre-hearing legal brief.
The DNC also describes the relief requested as suspicious.
"It should not be lost on this court that plaintiffs ask for emergency relief for just one of Nevada’s 17 counties, the state’s largest Democratic stronghold."
"It should not be lost on this court that plaintiffs ask for emergency relief for just one of Nevada’s 17 counties, the state’s largest Democratic stronghold."
U.S. District Judge Andrew Gordon introduces the lawyers, as arguments are poised to begin.
Up first for the GOP-tied plaintiffs is attorney David O'Mara, who recently lost a similar lawsuit with parallel claims in state court.
Judge Gordon presses O'Mara about that case right out the gate.
O'Mara says he doesn't know, but calls it irrelevant. https://lawandcrime.com/2020-election/nevada-judge-hands-trump-campaign-another-loss-no-evidence-state-election-officials-broke-the-law/
Judge Gordon presses O'Mara about that case right out the gate.
O'Mara says he doesn't know, but calls it irrelevant. https://lawandcrime.com/2020-election/nevada-judge-hands-trump-campaign-another-loss-no-evidence-state-election-officials-broke-the-law/
O'Mara complains that the procedure is "not open to the public," contrasting that to the court proceedings on a telephone line with dial-in info on the website: https://www.nvd.uscourts.gov/
O'Mara: "It has to be a public event. Just like any public hearing."
"What are you asking for?" Judge Gordon asks him later.
He responds: "At least within a six-foot area so they can see and hear what is being said with regard to the ballot counts."
"What are you asking for?" Judge Gordon asks him later.
He responds: "At least within a six-foot area so they can see and hear what is being said with regard to the ballot counts."
Judge Gordon appears skeptical about the relief the plaintiffs are demanding: "Mr. O'Mara, isn't that the Legislature's job and not mine?"
"We're not asking you change anything your honor," O'Mara insists, describing their request as one that forces the state to live up to its transparency mandates.
Judge Gordon presses him of what that would look like in practice.
Judge Gordon presses him of what that would look like in practice.
The judge posits a hypothetical of whether he would need to dictate relief for if a ballot counter has a soft voice or is hoarse.
"At what point does this get to the ridiculous?" he asks.
"At what point does this get to the ridiculous?" he asks.
Judge Gordon: "You're asking for extraordinary injunctive relief. It has to be narrowly tailored."
Gordon notes that he can speak in platitudes about the virtue of transparency, but that does not get the plaintiffs toward injunctive relief.
Gordon notes that he can speak in platitudes about the virtue of transparency, but that does not get the plaintiffs toward injunctive relief.
Some inconsiderate person is blasting music into the public line, drowning out the arguments.
It took awhile for the court administrators in charge of the line to figure out how to put listeners onto listen-only mode.
But they finally did it.
Moving on.
But they finally did it.
Moving on.
Judge Gordon turns to discrepancies in the lawsuit.
The complaint says the plaintiff tried to vote on Nov. 3
Her affidavit says she tried to vote on Oct. 28.
Which is it? he asks.
The complaint says the plaintiff tried to vote on Nov. 3
Her affidavit says she tried to vote on Oct. 28.
Which is it? he asks.
O'Mara says that it should be affidavit.
In that case, the judge says, a 7-day delay in seeking relief would typically weaken a case of harm.
The judge asks whether he is supposed to ignore that.
In that case, the judge says, a 7-day delay in seeking relief would typically weaken a case of harm.
The judge asks whether he is supposed to ignore that.
The judge notes that Nevada election officials gave her the opportunity to vote by provisional ballot, and she said no.
Background:
Jill Stokke, an elderly woman, claims that she tried to vote in person and was told that her mail-in ballot was processed and verified.
Officials found it was her signature, but she could attest otherwise in a challenge. She declined. https://lawandcrime.com/2020-election/officials-debunk-trump-campaigns-story-about-womans-vote-being-stolen-in-nevada/
Jill Stokke, an elderly woman, claims that she tried to vote in person and was told that her mail-in ballot was processed and verified.
Officials found it was her signature, but she could attest otherwise in a challenge. She declined. https://lawandcrime.com/2020-election/officials-debunk-trump-campaigns-story-about-womans-vote-being-stolen-in-nevada/
O'Mara has also challenged the machine-based system for counting votes, a challenge that Judge Gordon noted was rejected by a state court as unworkable.
Judge Gordon says the "eyeball" alternative, that the plaintiffs want, would take longer than the statutory deadline.
Judge Gordon says the "eyeball" alternative, that the plaintiffs want, would take longer than the statutory deadline.
Nevada's Deputy Solicitor General Craig Newby is up for the state.
Newby says that the plaintiffs' idea of court-mandated transparency on the vote county process would involve a "nebulous" order ignoring all CDC guidance on social distancing.
Judge: "I'm not anxious to go back to the days of the hanging chad, if that's what you're getting to."
Judge: "I'm not anxious to go back to the days of the hanging chad, if that's what you're getting to."
Newby notes that election officials found Skokke's signature appeared to be valid. They gave her the opportunity challenge it, but she declined.
"On that non-existent factual basis, they want to shut down Clark County counting the election."
"On that non-existent factual basis, they want to shut down Clark County counting the election."
Newby: "This is a serious matter. We're talking about the integrity of Nevada elections."
"What is required of this court is evidence, not talking points," Newby adds.
"What is required of this court is evidence, not talking points," Newby adds.
A Nevada election authority on the line now says that the election counts are transparent, and dozens of observers watch it regularly.
She says Chris Prudhome, one of the plaintiffs, was told he broke the rules by recording. Only credentialed media can do that.
She says Chris Prudhome, one of the plaintiffs, was told he broke the rules by recording. Only credentialed media can do that.
Prudhome can return if he observes the rules, she adds.
The DNC's attorney John Devaney, from the firm Perkins Coie, is now up, and he notes that the state court action is still live.
This is important because the party argues that federal courts should abstain when similar issues are pending before their state counterparts.
This is important because the party argues that federal courts should abstain when similar issues are pending before their state counterparts.
Devaney calls the timing of the lawsuit challenging the voting system "extraordinary":
"It's two days after Election Day that they file their complaint, months after the voting system is being used, and they ask the court to stop the voting system."
"It's two days after Election Day that they file their complaint, months after the voting system is being used, and they ask the court to stop the voting system."
Devaney continues:
"Literally the whole county is looking at Nevada and Clark County in particular and waiting for the election results."
"It would create chaos and confusion."
"Literally the whole county is looking at Nevada and Clark County in particular and waiting for the election results."
"It would create chaos and confusion."
Devaney: "It's really just a remarkable leap that you're being asked to make."
Devaney: "There's nothing here that's even close to a constitutional violation."
O'Mara is back up, claiming her client has been "disenfranchised."
(Again: Nevada election authorities say she voted in a mail-in ballot with a verified signature, and when they gave her an opportunity to challenge and vote provisionally, she declined.)
(Again: Nevada election authorities say she voted in a mail-in ballot with a verified signature, and when they gave her an opportunity to challenge and vote provisionally, she declined.)
Judge Gordon is getting ready to rule:
He begins by noting Justice Kavanaugh's caution that district judges like him should not usurp state Legislatures' laws.
He begins by noting Justice Kavanaugh's caution that district judges like him should not usurp state Legislatures' laws.
A federal judge REJECTS an injunction in the GOP-touted lawsuit alleging shaky claims of voter irregularity in Nevada.
"I don't think the plaintiffs have demonstrated a likelihood of success."
"I don't think the plaintiffs have demonstrated a likelihood of success."
Tackling claims of irreparable harm, the judge notes that Skokke could have avoided any alleged harm by voting with a provisional ballot as offered.
Judge Gordon: "I am going to deny the motion for a temporary restraining order."
He denies the preliminary injunction too, even if he accepted Skokke's claim as true.
He denies the preliminary injunction too, even if he accepted Skokke's claim as true.
Adjourned.
Long story short:
The GOP-ballyhooed federal lawsuit in Nevada, backed by shaky claims of voter irregularities by a woman who was offered and declined a provisional ballot, flopped in federal court.
Just like it flopped in state court.
My write-up: https://lawandcrime.com/2020-election/republican-claims-of-voting-irregularities-in-nevada-flopped-before-a-federal-judge/
The GOP-ballyhooed federal lawsuit in Nevada, backed by shaky claims of voter irregularities by a woman who was offered and declined a provisional ballot, flopped in federal court.
Just like it flopped in state court.
My write-up: https://lawandcrime.com/2020-election/republican-claims-of-voting-irregularities-in-nevada-flopped-before-a-federal-judge/
