There are some 70 people on the online conference call, and the host has not muted everyone. So this could be yet another horrific exercise in modern technology...

Should be getting going momentarily.
Judge James Russell opens it up, saying that it is important for all Americans to have faith in their elections.
Hearing a motion to strike a GOP operative's supplemental declaration.
Not sure what the evidence is, but it apparently came after the court's deadline. Trump lawyer Jesse Binnall says information cited was not available by the deadline.

Russell is questioning Binnall as to why it should be allowed.
Judge strikes declaration made by GOP operative Jesse Kamzol.
Russell says he will give each side about an hour, including rebuttal time.
There is currently a discussion as to what the legal standard should be. Binnall wants "preponderance of the evidence," typical civil standard, or basically more than a 50/50 chance.

Judge notes one statute uses "reasonable doubt," the higher (typical) criminal standard.
Kevin Hamilton, Dems' lawyer, agrees the standard in Nevada has not been spelled out properly.

He says other states use the "clear and convincing" standard.
Judge's second question is where state certification impacts the election contest.

Binnall says certification is a ministerial action that does not take away ability of court to rule on contest.
Hamilton agrees that certification does not prevent the court case.
We are starting arguments. Binnall will be up first. One hour on the clock!
Binnall: This case is about the failure of the electoral system.
Binnall is making usual argument against Agilis signature verification machine, saying statute requires a person check them.

Judge notes this has been shot down in courts across the state.
He says state did not have time to properly clean voter rolls before "universal mail voting"
Says media, officials are wrong to say there's no evidence of universal voter fraud.
Binnall is now saying there were irregular votes, including from people who moved out of Nevada.

We still haven't heard any of the big, specific numbers reported by conservative media yet in court.

He says "large number" of outright fraud or irregularities.
"Many many thousands"

Binnall says the more fraudulent or irregular votes, the more Nevadans are disenfranchised.
Wow, Binnall just accused Clark County Registrar Joe Gloria of "stonewalling" his clients and "working with Democrats," says he was "inspecting polling cites with the Biden campaign."
Trying to keep up, but Binnall's audio quality is bad.

He now says some computers showed different vote totals in the morning than what was logged the previous night, says system was not encrypted.

Says he can't inspect machines because manufacturer won't allow it.
Judge asks for evidence of this, Binnall points to deposition of anonymous "Joe 1" and another deposition I didn't quite catch.
Now Binnall is to the part where he accused an advocacy group of incentivizing votes on Native American reservations, offering gifts for proof of voting.

Judge asks how many.

Binnall says he doesn't really know, but at least 500.
Says group also pushed these voters to vote for Biden.

Can't remember the exact name of the group, but they've denied violating the law.
Now he is citing the unnamed poll worker, "whistleblower," previously mentioned by Trump officials who claims she saw people filling out ballots on the side of a "Biden-Harris van" in the election office parking lot during her lunch break.
Sorry, was not the election office. An early voting center.
Binnall says this was not electioneering, which allows you to put signs and such outside of 100 feet of the polling location.
Crucial point here:

GOP expert, who Dems say is not an expert, does have some numbers on "improper notes."

But judge stresses that this expert never specifies how many votes should have gone to Trump or were taken from him, which he says the standard requires.
Binnall says it's not possible to tell and not necessary... he says the standard is only that Trump show a number of suspect votes equal or greater than the gap between him and Biden.
****improper VOTES
Binnall says there's no way to tell who voted for who because the ballots are secret. Says it would be impossible to contest an election if Judge was right.
Numbers!!!!

Binnall spells it out, according to this GOP expert:

8,111 fake addresses
15,681 vacant or commercial addresses
1,506 dead
19,218 non nevadans
42,000+ double votes
Believe the exact double number is 42,284.

Binnall said 1% of mail voters said they did not vote at all.

Says judge could make sure we "don't turn a blind eye" to voter fraud by barring Biden's electors from voting for him in the presidential.

He stops, 10 min. recess.
Binnall does not have a lot of time left for his rebuttal, if the court is serious about its time limits.
Now, here's Democratic attorney Kevin Hamilton.

Says voters in Nevada and the country elected Joe Biden on Nov. 3.
He notes court is being asked to "silence" the 1.4 million voters in Nevada, says no court in history has granted the relief requested by Trump campaign in this election.
Hamilton notes variety of judges have already rejected many of the claims laid out in this case, specifically the issues with the Agilis machine used to verify signatures.

He notes this was even used in the primary with no complaints. Says GOP had 5 months since to complain.
Hamilton said earlier he doesn't believe Trump's attorneys even take these "absurd" claims seriously, adding it is part of some higher political agenda.
Hamilton, with another major point:

"You have to name voters. It isn't sufficient to name specific categories... the contest fails to name even a single voter who casts an unlawful vote."
Hamilton says you CAN, in fact, name specific voters. Notes a case he had in which felons illegally voted, and they were named.
Says this alone is enough to dismiss case, but even if not, case is a "calamity."

Says they need evidence, not tweets or social media bluster.
He is going into Dems' typical defense of the Agilis machine, saying GOP's own expert said Clark County used it properly.

Says if there were problems with image quality, for example, that means more REJECTIONS... not approvals.
Hamilton on improper/illegal vote claims:

"Contestants provide no evidence of any illegal votes, much less evidence of which voters they contend casted them, or even more fundamentally, for whom those ballots were cast."
He criticizes GOP "John Doe 1," who said usb drives were tampered with. Says he admitted that he was not aware of any differences between the machines' vote totals and the paper audits, nor was he aware of any specific USB tampering.
Having trouble keeping up, but Hamilton is basically hammering that those numbers cited by Binnall mean nothing because the statistical analysis was faulty AND they fail to identify any of these said improper voters.
Fired another shot: Hamilton said Binnall can't name any voter or maybe don't want to, for fear of liability for defamation due to accusing someone of a crime.
Doesn't
Hamilton is wrapping up: There has been a pattern of baseless lawsuits across the country by plaintiffs who simply can not accept that their preferred candidate lost to @JoeBiden.
Binnall asks for short recess to put together a rebuttal. He has 10 minutes left of speaking time, Judge says. Grants a 10 minute break.
Binnall is back up, saying Democrats are trying to raise the legal standards required by Nevada law.

He is saying defense objected to 15 depositions, so collecting 40,000+ was not possible.

Says defense did not give evidence their statistics were wrong.
He says his expert, Jesse Kamzol, more than meets standard required.
Binnall is defending credibility of his anonymous witnesses, says Dems did not address the fact that Agilis machine is not allowed to be used.

(Other Nevada courts have found this is not accurate).
Binnall has gone over his time, but court is being lenient, apparently.
Binnall lays it out in clear political terms: Election was stolen, can't know who the irregular voters chose, but we know the makeup of Clark County (implying they were Democrats?)
Hamilton does not have anything to add. Judge is up.
Judge Russell does NOT rule. He says he wants to review the evidence cited in arguments, and will make a determination tomorrow morning. @reviewjournal
He asks both parties to prepare a proposed order by 10 a.m. tomorrow, and he will make a decision.

Says he wants to give everyone a chance to go before Nevada Supreme Court, if losing party chooses to appeal (almost a certainty, I would guess).
You can follow @RoryDoesPhonics.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled:

By continuing to use the site, you are consenting to the use of cookies as explained in our Cookie Policy to improve your experience.