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The second federal court hearing in Georgia in a single day where Republicans are challenging absentee voting rules in the runoffs should begin shortly.
Another federal judge DISMISSED a similar lawsuit this morning.
Live-tweet ahead.
ICYMI: https://lawandcrime.com/2020-election/a-federal-judge-has-already-dismissed-a-republican-lawsuit-aimed-at-senate-runoff-elections-in-georgia/#disqus_thread
Another federal judge DISMISSED a similar lawsuit this morning.
Live-tweet ahead.
ICYMI: https://lawandcrime.com/2020-election/a-federal-judge-has-already-dismissed-a-republican-lawsuit-aimed-at-senate-runoff-elections-in-georgia/#disqus_thread
U.S. District Judge Eleanor L. Ross takes the bench, and we are about to begin soon.
Judge Ross calls the case.
She's hearing the motion for a TRO, preliminary injunction and motion to dismiss on her docket.
She's hearing the motion for a TRO, preliminary injunction and motion to dismiss on her docket.
Attorney George J. Terwilliger, III, from the firm McGuireWoods, will argue for the GOP plaintiffs.
Here is a written version order dismissing the other case with prejudice this morning.
Charlene McGowan will argue for the Georgia Attorney General's office.
GOP lawyer Terwilliger says he will start by answering these question:
Why these parties?
Why now?
Seeking what?
Other than a presidential election, he says, there probably has not been another election with greater import than these Senate runoffs.
Why these parties?
Why now?
Seeking what?
Other than a presidential election, he says, there probably has not been another election with greater import than these Senate runoffs.
Terwilliger tries to distance himself from Team Trump and his proxies and allies.
"I'm George Terwilliger. I'm not Sidney Powell. I'm not Lin Wood. I'm not Rudy Giuliani."
"I'm George Terwilliger. I'm not Sidney Powell. I'm not Lin Wood. I'm not Rudy Giuliani."
Terwilliger attacks signature matching:
"It's out of balance right now. To put it as simply as I can boil it down, it takes a three-person panel to reject a signature as being mismatched.
It takes only one person to say that a signature is matched."
"It's out of balance right now. To put it as simply as I can boil it down, it takes a three-person panel to reject a signature as being mismatched.
It takes only one person to say that a signature is matched."
Terwilliger notes that Judge Ross is a former prosecutor, as he is.
Signature matching is part of that job, he says, though he concedes that election workers aren't hired to by handwriting experts.
Signature matching is part of that job, he says, though he concedes that election workers aren't hired to by handwriting experts.
Terwilliger says that improving that system could improve public confidence before the votes are counted.
(Note from me: That presupposes that the public confidence issues stem from flaws in the system rather than bad-faith attacks from a coordinated campaign to discredit.)
(Note from me: That presupposes that the public confidence issues stem from flaws in the system rather than bad-faith attacks from a coordinated campaign to discredit.)
Terwilliger bemoans what he calls an "unfortunate statement" in an amicus brief on the GOP suit stating:
"This smacks of an effort to suppress mail voting."
He's referring to this brief by the NAACP, which has called out GOP efforts to discredit elections in diverse areas.
"This smacks of an effort to suppress mail voting."
He's referring to this brief by the NAACP, which has called out GOP efforts to discredit elections in diverse areas.
Terwilliger's colleague Michael Lee Francisco, from the same firm and repping the same plaintiffs, is now up.
Francisco claims his clients have a "strong case on the merits."
Francisco claims his clients have a "strong case on the merits."
Francisco: "This is a very narrow case" focused on signature verification.
The prior GOP attack rejected this morning was far broader.
The prior GOP attack rejected this morning was far broader.
Francisco, like the GOP lawyers in the other case this morning, cites Bush v. Gore to argue for their case.
A George W. Bush appointed judge rejected that argument this morning.
A George W. Bush appointed judge rejected that argument this morning.
Francisco turns to standing and timeliness.
As to standing, the plaintiffs are: Georgia Republican Party, National Republican Senatorial Committee, Perdue for Senate, and Georgians for Kelly Loeffler.
"These parties have a real interest that could be redressed," he says.
As to standing, the plaintiffs are: Georgia Republican Party, National Republican Senatorial Committee, Perdue for Senate, and Georgians for Kelly Loeffler.
"These parties have a real interest that could be redressed," he says.
Francisco:
"It's not too late in time" for the "narrow" remedy he requested to be granted.
Running theme from both BigLaw GOP lawyers:
We're not Trump.
"It's not too late in time" for the "narrow" remedy he requested to be granted.
Running theme from both BigLaw GOP lawyers:
We're not Trump.
Charlene S McGowan is now up from Ga. AG's office.
She notes that courts have rejected these string of 11th hour lawsuits.
"Not only has voting already started for the January runoffs," but other courts have taken up and rejected these arguments unanimously.
She notes that courts have rejected these string of 11th hour lawsuits.
"Not only has voting already started for the January runoffs," but other courts have taken up and rejected these arguments unanimously.
McGowan:
"In fact, just this morning, Judge Hall from the Southern District of Georgia" did the same.
He found the plaintiffs lacked standing and the claims were barred by laches, she notes.
ICYMI: https://lawandcrime.com/2020-election/a-federal-judge-has-already-dismissed-a-republican-lawsuit-aimed-at-senate-runoff-elections-in-georgia/#disqus_thread
"In fact, just this morning, Judge Hall from the Southern District of Georgia" did the same.
He found the plaintiffs lacked standing and the claims were barred by laches, she notes.
ICYMI: https://lawandcrime.com/2020-election/a-federal-judge-has-already-dismissed-a-republican-lawsuit-aimed-at-senate-runoff-elections-in-georgia/#disqus_thread
McGowan notes that Lin Wood's failed suit led to an 11th Circuit ruling rejecting jurisdiction whose precedent is binding upon this court.
McGowan agrees that this is a consequential election and adds that is another reason not to meddle with the rules at this late stage.
County election officials would be required to "triple" their manpower during a pandemic, she says.
County election officials would be required to "triple" their manpower during a pandemic, she says.
As for the observers, McGowan notes that this is already being done.
She describes the signature matching process.
She describes the signature matching process.
McGowan quotes George W. Bush-appointed Judge Hall's remark at his ruling this morning that we're at the "halftime."
She notes that there is not evidence that fraud has occurred.
She notes that there is not evidence that fraud has occurred.
McGowan: "We're not on the eve of an election; we're in the middle of it."
McGowan cites Wood's defeat in the 11th Circuit again...
[My analysis:] ...showing the residual effects of the recent courtroom antics of Trump, his cronies and his proxies now that BigLaw is back in the driver's seat for GOP.
[My analysis:] ...showing the residual effects of the recent courtroom antics of Trump, his cronies and his proxies now that BigLaw is back in the driver's seat for GOP.
McGowan notes that the GOP's voter-fraud claims are "all theoretical."
"They cannot point to any specific unlawful ballots that were counted."
"They cannot point to any specific unlawful ballots that were counted."
Perkins Coie attorney Amanda R. Callais is now up for Georgia Democrats.
She argued this morning in a different but similar Georgia federal lawsuit by a GOP entity attacking absentee voting rules.
Callais rejects the notion that this GOP request is "run of the mill."
She argued this morning in a different but similar Georgia federal lawsuit by a GOP entity attacking absentee voting rules.
Callais rejects the notion that this GOP request is "run of the mill."
Callais:
This is being done to make sure that valid votes are rejected, not so legal ballots are protected.
This is being done to make sure that valid votes are rejected, not so legal ballots are protected.
Callais turns to the "purported expert reports" attacking Georgia's signature-matching process.
Again, they do not point to specific instances of voter fraud.
Again, they do not point to specific instances of voter fraud.
Callais:
This injury is far too speculative to confer standing to any plaintiff.
This is just another case of a speculative assertion of harm that does not apply.
This injury is far too speculative to confer standing to any plaintiff.
This is just another case of a speculative assertion of harm that does not apply.
Callais:
Finally, your honor, plaintiffs have proffered a diversion of resources theory, but that too does not save them.
Citing Clapper v. Amnesty (SCOTUS), she notes plaintiffs cannot "manufacture standing" by inflicting harm on themselves.
Finally, your honor, plaintiffs have proffered a diversion of resources theory, but that too does not save them.
Citing Clapper v. Amnesty (SCOTUS), she notes plaintiffs cannot "manufacture standing" by inflicting harm on themselves.
She also cites a Trump campaign case in Nevada from September.
Callais:
The plaintiffs are not alleging a deprivation of their right to vote.
They're claiming that their vote may be diluted *if* someone votes fraudulently.
The plaintiffs are not alleging a deprivation of their right to vote.
They're claiming that their vote may be diluted *if* someone votes fraudulently.
Callais turns to the reports, pointing to alleged discrepancies in counties.
Those purported discrepancies are normal, she says.
"In sum, what these reports tell us is really nothing," Callais says.
Those purported discrepancies are normal, she says.
"In sum, what these reports tell us is really nothing," Callais says.
If GOP plaintiffs win, voters will be burdened with an additional cure process or be disenfranchised, Callais says.
"This is the end result of plaintiffs' request," she adds.
She notes this would cause irreparable harm to voters, whereas plaintiffs losing means the status quo.
"This is the end result of plaintiffs' request," she adds.
She notes this would cause irreparable harm to voters, whereas plaintiffs losing means the status quo.
Francisco's back up for rebuttal arguments for the GOP plaintiffs.
Francisco:
100 out of 159 counties found zero rejections and mismatches.
He calls that "startling." He does not explain why that would be startling considering how extraordinarily rare voter fraud is.
100 out of 159 counties found zero rejections and mismatches.
He calls that "startling." He does not explain why that would be startling considering how extraordinarily rare voter fraud is.
Francisco:
Georgia has been inconsistently applying signature-matching guidance.
Georgia has been inconsistently applying signature-matching guidance.
Francisco asks for an evidentiary hearing if this is going to turn into a battle of the experts.
Francisco insists that the GOP plaintiffs don't need to prove voter fraud to have a claim.
Judge Ross wants to take a less than 10 minute recess.
Back at 5 p.m. EST.
Late-day coffee break, all. (Or not, if you would rather sleep later.)
Back at 5 p.m. EST.
Late-day coffee break, all. (Or not, if you would rather sleep later.)
Judge Ross is back on the bench, as we return.
"Second Federal Judge in One Day Dismisses Georgia GOP Attack on Absentee Voting in Senate Runoffs"
ICYMI, this story has now been updated https://lawandcrime.com/2020-election/second-federal-judge-in-one-day-dismisses-georgia-gop-attack-on-absentee-voting-in-senate-runoffs/?utm_source=mostpopular
ICYMI, this story has now been updated https://lawandcrime.com/2020-election/second-federal-judge-in-one-day-dismisses-georgia-gop-attack-on-absentee-voting-in-senate-runoffs/?utm_source=mostpopular
