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A federal hearing over the third tentacle of Sidney Powell's 'Kraken' is about to begin in Arizona.
On Monday, Powell's team lost two rulings in rapid succession in Michigan and Georgia.
Follow my live-tweet and read the background here, @LawCrimeNews: https://lawandcrime.com/2020-election/federal-judge-dismisses-georgia-kraken-suit-hours-after-sidney-powell-failed-in-michigan/
On Monday, Powell's team lost two rulings in rapid succession in Michigan and Georgia.
Follow my live-tweet and read the background here, @LawCrimeNews: https://lawandcrime.com/2020-election/federal-judge-dismisses-georgia-kraken-suit-hours-after-sidney-powell-failed-in-michigan/
U.S. Judge Diane Joyce Humetewa takes the stand.
Julia Haller introduces herself for Sidney Powell's firm
Julia Haller introduces herself for Sidney Powell's firm
Judge Humetewa asks the plaintiffs to clarify the significance of the fact that today is Safe Harbor Day and wants to know the status of the plaintiffs.
"Some were electors. Others were registered voters. The complaint isn't clear with respect to whom is who."
"Some were electors. Others were registered voters. The complaint isn't clear with respect to whom is who."
In case it wasn't clear, I meant to say that the judge took the "bench."
It's been a long post-election season.
It's been a long post-election season.
Chiming in, Alexander Michael Kolodin—co-counsel for plaintiffs—says his clients include Trump's "full slate" of presidential electors.
Julia Haller alleges that there is "concrete evidence" of "widespread voter fraud."
Note: No, there isn't.
Note: No, there isn't.
Judge Humetewa questions her on count two of her complaint, alleging inability to meaningfully observe the process.
She notes that a state judge threw those particular allegations out.
"My concern is, it is a generalized complaint related to observations and access."
She notes that a state judge threw those particular allegations out.
"My concern is, it is a generalized complaint related to observations and access."
"How can it be any different?" Judge Humetewa asks, referring to her case and the state one.
The judge asks whether that would make her claim late-filed.
Julia Haller, of Powell's firm, responds that state law requires bringing the case five days after certification. "There's nothing late," she claims.
Julia Haller, of Powell's firm, responds that state law requires bringing the case five days after certification. "There's nothing late," she claims.
Julia Haller peddles the debunked Dominion election conspiracy theory, speaking of "offshore servers" and reapplied votes by algorithms.
None of this is true.
None of this is true.
Judge Humetewa tells her that she's trying to get into the merits of her complaint, and she's asking her about whether her complaint should survive.
Today's hearing is about a motion to dismiss.
Today's hearing is about a motion to dismiss.
Julia Haller turns to theories of standing.
Haller: "This claim is very much alive, your honor."
Judge Humetewa notes many other courts dismissed cases because the election results were already certified.
"Why shouldn't this court follow those courts that have already spoken on the issue? What makes this different?"
Judge Humetewa notes many other courts dismissed cases because the election results were already certified.
"Why shouldn't this court follow those courts that have already spoken on the issue? What makes this different?"
Judge Humetewa tells Haller her time is just about up, and she gives her a chance for final remarks before defendant's counsel speaks.
Haller uses the opportunity to make wild claims about massive fraud that failed many times before in Arizona's state courts, not to mention numerous other courts across the county.
Judge: What declaration points to that significant tampering with the tally.
Haller: Exhibit 13.
Judge: What declaration points to that significant tampering with the tally.
Haller: Exhibit 13.
Exhibit 13 is an anonymous, redacted witness.
Judge: "I'm going to stop you here because I've read these affidavits."
Judge: "I'm going to stop you here because I've read these affidavits."
Justin Nelson, for Arizona Secretary of State
Katie Hobbs, notes that Sidney Powell's team is using the courts to attack the rule of law.
Katie Hobbs, notes that Sidney Powell's team is using the courts to attack the rule of law.
Nelson:
"After the election, however, this country has seen a proliferation of suits that seek to challenge the results."
They have brought the nearly "identical" suits to four states, losing two yesterday, he notes.
"After the election, however, this country has seen a proliferation of suits that seek to challenge the results."
They have brought the nearly "identical" suits to four states, losing two yesterday, he notes.
Nelson quote a federal judge in Georgia, a George W. Bush appointee, telling Sidney Powell yesterday that her suit sought "perhaps the most extraordinary relief ever sought in a court in connection with an election."
Nelson notes the plaintiffs chose the wrong jurisdiction:
"This claim is about Arizona law."
"The claims here belong in an election contest."
"This claim is about Arizona law."
"The claims here belong in an election contest."
"No election would ever be safe" if their claims progressed, Nelson notes.
Nelson points out that the "conspiracy allegations" brought by the plaintiffs don't even aim at the correct parties.
There's no connection between the Dominion fever dreams of the complaint and his client, Arizona Secretary of State Katie Hobbs, he notes.
There's no connection between the Dominion fever dreams of the complaint and his client, Arizona Secretary of State Katie Hobbs, he notes.
Nelson says that the claims should also be dismissed because "The claims are simply not plausible."
Ridiculing the conspiracy theories about involvement by Venezuela and Iran—"still they don't tie these claims to Arizona!" he notes.
Ridiculing the conspiracy theories about involvement by Venezuela and Iran—"still they don't tie these claims to Arizona!" he notes.
Nelson also mocks the fact that they lean upon the supposed expertise of confidential witnesses like one code-named Spider.
(This isn't how expert witnesses work.)
(This isn't how expert witnesses work.)
Nelson: "Arizona conducted its election fairly."
The judge should not allow this "frivolous" suit to continue, he concludes.
The judge should not allow this "frivolous" suit to continue, he concludes.
* Spyder is the name of the super-secret "expert" witness.
Having covered national security cases:
There are sometimes confidential fact witnesses.
This isn't that.
Background, via @Aaron_Keller_ https://lawandcrime.com/2020-election/heres-how-georgias-lawyers-destroyed-sidney-powells-wildly-unqualified-election-malfeasance-experts/
There are sometimes confidential fact witnesses.
This isn't that.
Background, via @Aaron_Keller_ https://lawandcrime.com/2020-election/heres-how-georgias-lawyers-destroyed-sidney-powells-wildly-unqualified-election-malfeasance-experts/
