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Now tuning into a status conference for Sidney Powell's "Kraken" lawsuit recently filed in Wisconsin. Eastern District of Wisconsin Judge Pamela Pepper starts out by noting that she will deny the plaintiff's request for an evidentiary hearing.
Pepper notes that Powell's original lawsuit didn't actually contain the legal incantatory phrases necessary to support a request for a hearing. Just one line that said they would present arguments for such a hearing later on.
Deadlines are important here. Pepper explains that Powell later submitted additional verbiage in service of the requested evidentiary hearing--on the eve of the deadline for the defendants (Wisconsin) to respond to Powell's original filing. Basically an unworkable request.
Pepper also expressing extreme skepticism about Powell's requested temporary restraining order (TRO).
Pepper: "This lawsuit has been pending since Dec. 1 and since [then] plaintiff has characterized this as something of an emergency situation." Notes December 8 and 14 were both cited as "critical date[s]" by Powell--who claims that Pepper cited them this way. Pepper disagrees.
To be clear: Powell seems to be saying the judge has set various deadlines as "drop-dead dates." The judge says that she has never actually done that.
Pepper: "I actually haven't seen yet...why the plaintiff believes he needs a decision by December 14."
Pepper: "I actually haven't seen yet...why the plaintiff believes he needs a decision by December 14."
Pepper: "I have now had an opportunity...to look at the responses of the defendants...to the motion for a [TRO]...in various ways [the defendants argue] there are disability issues that must be determined before" deciding whether plaintiff is entitled to the relief he seeks.
Notes a litany of issues as to whether or not she can even entertain the basic facts of the case. Says she may not have authority to hear the case at all, so there's "no point" in her hearing evidence about the threshold issues here.
Pepper cites WI Gov. Evers' motion to dismiss. He argues that the Federal Rules of Civil Procedure (FRCP) says Pepper must decide the motion to dismiss prior to trial and that she must dismiss for failure to state a claim.
(Note: Powell wants a "combined evidentiary hearing and trial." Obviously trying to fast-track a loss and get to the Supreme Court.)
Pepper says there might not be an actual "case or controversy" here for purposes of jurisdiction. Notes that jurisdiction is "question number one." Says that the defendants and amici have raised "various issues" that relate to jurisdiction here. Says this must happen first.
Pepper leaning toward a full-on denial of everything Powell's Kraken asks for: "There is no requirement I hold a hearing or a trial on a motion for injunctive relief."
Pepper suggests she doesn't think "a hearing will be productive." (Citing some precedent here.)
Pepper: "There is no point in holding a hearing tomorrow because I have to make a determination as to whether I have the authority to hear this case at all." Says Powell hasn't answered this question. Sets deadline to get answers. Reply briefs are due at the end of the day today.
Lists several amici who have filed recently and goes through deadlines. Says, again, she's not heard from the plaintiffs on these basic issues. Someone just got on the line and didn't mute their phone--producing a lengthy echo effect and a quick upbraiding from the judge.
Says the "practical question" before the parties is: how do they want to proceed at this point?
Attorney Kleinhendler, for the Kraken, says they want to respond to both the motion to dismiss and the TRO issue by 6 p.m. tonight.
Kleinhendler also addresses the general deadline issue...by bringing up Texas's early morning stunt/lawsuit against several states Biden won. Says Pepper should decide justiciability at her leisure.
Kleinhendler makes it clear: we want you to decide both motions at once so we have an appealable order for the Supreme Court. Says they want to join the Texas lawsuit.
"The relief sought by Texas is identical."
"The relief sought by Texas is identical."
Kleinhendler says they just wanted to put on witnesses tomorrow (evidentiary hearing) "just for the court's benefit." Says they are prepared to appear tomorrow morning. One is named "Spider"...
...Kleinhendler says Spider's identity must be concealed and will walk into the courtroom tomorrow "with a mask on."
Kleinhendler reiterates that this is all just for the court's convenience. Says she can rule on justiciability and jurisdiction whenever she wants. But that Dec. 14 is a "drop-dead date" because the Electoral College votes on that date.
Kleinhendler says they are seeking "prospective" relief because they "have an elector" who wants to vote a certain way on the 14th. And any decision/relief after the 14th would be retrospective.
Pepper again. Says Kleinhendler mentioned three witnesses but only named two. Kleinhendler says the third witness is sick and could maybe only appear via Zoom.
Pepper on the jurisdiction issue: "I think that's a bass-ackward way" of coming to a decision.
Pepper now addressing the Texas litigation and potentially joining that action...
Kleinhendler uses his own colloquialism and apologizes for "putting the squeeze" on the EDW Court but asks the court to make a decision quickly--the discussion here was a brief back-and-forth about scheduling and deadlines.
Defendants and amici getting their turns now. Basically expressing a lot of deference to the court--saying they can work fast and get things done whenever, as necessary. (Kleinhendler wants a decision by Wednesday. Pepper is open to working under that timeline/pressure.)
Someone just screamed: "Heyoooo" or similar.
Judge tells people to mute their phones.
Judge tells people to mute their phones.
Pepper agrees with a defense attorney--sorry unclear at present which one--who said the TRO request is really just subterfuge that is actually the ultimate relief requested.
"Yeah," she said. "I understand and I appreciate that."
"Yeah," she said. "I understand and I appreciate that."
"Here's what I'm gonna do," Pepper says before someone talks out of turn again. Talks about concept of muting the phone. Someone laughs. She scolds the laugher, too.
Pepper wants defendants and amici to file whatever they are going to file by 3 p.m. CST/4 p.m. EST Wednesday. Notes this is less than 24 hours. Says she will do her "darndest" to get what everyone wants ASAP. Her decision will come quickly thereafter.
No one has any questions. So we are done for today.
(Prior unidentified defense attorney was Mandell for Evers.)
(Prior unidentified defense attorney was Mandell for Evers.)
Hola @threader_app compile por favor.
