An evidentiary hearing is about to begin in Arizona's Maricopa County in a suit involving the debunked 'Sharpiegate' conspiracy, rebranded as 'Marking Device'-gate after the Trump campaign jumped in as a plaintiff.
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Matt Whitaker, a former Trump AG who was on the board of directors for a company the FTC called a "scam," is on the line.
Judge Kiley is on the line.
Judge Kiley: "This hearing is set for five hours."
One of the defendants moves to exclude supposed evidence that explicitly says:
"Please let me know if anything in here is false."
"There are no indicia of trustworthiness," the attorney says, referring to the exhibits.
"Please let me know if anything in here is false."
"There are no indicia of trustworthiness," the attorney says, referring to the exhibits.
Such "witnesses" would not be cross-examined, he adds.
Plaintiff's lawyer claims he knows the witnesses were real because the site has a CAPTCHA, culling bots from the list.
Defendants' lawyer: "There is an inherent level of untrustworthiness of documents filed in anticipation of litigation."
Let alone ones created after the fact to support their preferred candidate.
Let alone ones created after the fact to support their preferred candidate.
"What he's asking the court to do" is to hand the court hundreds of documents from an online form, defendant's lawyer says.
"These documents are inherently untrustworthy."
"These documents are inherently untrustworthy."
Counsel for intervenor DNC asks the court to stick to the rules of civil procedure.
Judge Kiley presses the Trump campaign:
Their solicitation of witnesses produced sworn affidavits that his own investigation determined were "clearly false," "spam as you put it."
The ones they could not prove were false, they submitted to the court.
Trump camp: "Correct."
Their solicitation of witnesses produced sworn affidavits that his own investigation determined were "clearly false," "spam as you put it."
The ones they could not prove were false, they submitted to the court.
Trump camp: "Correct."
Judge Kiley: "This is concerning."
"How is that a reliable process of gathering evidence?"
"How is that a reliable process of gathering evidence?"
Kory Langhofer
That's the name of the Trump campaign attorney insisting that those form-produced sworn affidavits are somehow reliable even though a subset of them were false.
Because the form had a CAPTCHA.
That's the name of the Trump campaign attorney insisting that those form-produced sworn affidavits are somehow reliable even though a subset of them were false.
Because the form had a CAPTCHA.
Langhofer insists: "We've excluded everything that has the indicia of unreliability."
Judge Kiley responds: That's not an indicia of trustworthiness of the remaining affidavits. That just shows you can't disprove what's asserted.
Judge Kiley responds: That's not an indicia of trustworthiness of the remaining affidavits. That just shows you can't disprove what's asserted.
Judge Kiley grants the motion in limine excluding the dodgy exhibits.
Defendant's counsel is up with opening statements.
She remarks about the Trump campaign's effort to undermine confidence in the integrity of elections.
She remarks about the Trump campaign's effort to undermine confidence in the integrity of elections.
Maricopa County's lawyer calls the 2020 contest the best election in Arizona's history.
Defendant's counsel: Election officials "Made Maricopa County elections great again."
The Lincoln Project wants to file a friend-of-the-court brief.
Granted.
Granted.
Trump campaign attorney says that their theory of the case isn't fraud: "This is not a fraud case."
"It is not a stealing the election case."
He says he's alleging flaws in the system.
"It is not a stealing the election case."
He says he's alleging flaws in the system.
Problems with the public access line.
Certain phone lines were unmuted, making it noisy with listeners.
I'll resume the live-feed once I catch up with what I missed.
Certain phone lines were unmuted, making it noisy with listeners.
I'll resume the live-feed once I catch up with what I missed.
If you're a member of the public listening in, mute your lines.