Thread by @tracybeanz

🚨THREAD: There have been new filings in the @KariLake case at the AZ Supreme Court.

REFRESH: If you remember, Hobbs and Fontes asked the SC for sanctions against Lake, and the court gave dates for briefing. When Lake briefed, not only did they dispute the sanctions, but they… twitter.com/i/web/status/1…

First, I will share some of the response to the original Lake rebuttal brief, that I threaded above. Then, I will share the rebuttal to THAT made by @KariLake and her attorneys.

Elias, on behalf of Hobbs, uses the familiar buzzwords, like “Baselessly,” “Frivolous,” “peddle conspiracy theories” and “Sow distrust.” Hobbs argues that there is no factual basis for the claims Lake has made.

What I found interesting here is that they are not asserting in… twitter.com/i/web/status/1…

He then goes on to impugn their own evidence, stating that she misrepresented two trial exhibits, and didn’t “develop or preserve this new argument by raising it in her first reply brief before the court of Appeals”

This just isn’t true. But at least they talked about the… twitter.com/i/web/status/1…

Again, here, Hobbs et al admit that Maricopa did not follow CoC procedures, stating that the number of ballots on the form from Maricopa County was merely an “estimate” of ballots, and that is why it doesn’t match the totals at Runbeck.

The problem is, they broke from CoC… twitter.com/i/web/status/1…

THIS IS NOT PROPER PROCEDURE. If a ballot leaves Maricopa for Runbeck without being accounted for, we have completely lost Chain of Custody. There is no provision for laziness, or being “too busy” that allows Maricopa to IGNORE this.

They say that Lake has “failed to grasp” the fact that this was done. To the contrary, they have said this over, and over, and over again, from the very beginning. In court pleadings, the defense is brazenly and repeatedly arguing that Maricopa didn’t follow procedure (and by… twitter.com/i/web/status/1…

This is their argument, in totality. They also add that even if what she is saying is true, it isn’t properly before the court and she is asking for a reconsideration improperly. They against state they are asking for sanctions. They say her claim has NO justification.

That is… twitter.com/i/web/status/1…

Here is @KariLake response to what you just read. Importantly here, Hobbs had previously argued that the two exhibits Elias just said are not indicative of a problem, were actually very important. Hobbs argued that those exhibits PROVED that Maricopa “would be aware of any ballot… twitter.com/i/web/status/1…

You can’t have it both ways. You can’t argue on the one hand that those forms are only estimates and so there is no good way to KNOW what was leaving Maricopa for Runbeck, and on the other hand, those forms are going to give Maricopa an accounting of EVERY SINGLE ballot and where… twitter.com/i/web/status/1…

They then again ask the court to remand this issue back down to the trial court along with signature verification.

Lake argues that Hobbs and Fontes can’t all of a sudden reverse course and say their trail exhibits are meaningless estimates, when they argued to the court of appeals that those same exhibits would make Maricopa “aware of any ballot inserted or rejected or lost in any part of… twitter.com/i/web/status/1…

Remember, Hobbs (joined by Fontes) argued that these two exhibits were meaningful in their defense. Now, they are walking that back because Lake is relying on them to PROVE HER CLAIMS.

I want to make sure the people in the back hear this- they contradicted themselves relying on… twitter.com/i/web/status/1…

“Respondents cannot have it both ways. Either Maricopa has no idea whether ballot were injected because its numbers in Trial Exhibits 33 and 82 cannot be compared for chain of custody purposes, or the numbers can be compared and show that Runbeck recorded scanning 35,563 more… twitter.com/i/web/status/1…

The footnote says a lot here; it isn’t that Lake didn’t argue this point, it’s that the appellate court chose to focus on a tweet from Maricopa instead of this part of the record. However, the appellate court accepted the argument that those trial exhibits were indicative of true… twitter.com/i/web/status/1…

And again- I am REALLY glad they keep hammering this home. Even if the 35,563 figure results in part from an estimate, the only reason there IS an estimate, is that Maricopa BROKE THE LAW and failed to count the ballots when the containers were opened AS REQUIRED. And, that many… twitter.com/i/web/status/1…

Now we get into the procedural, but it’s important so I am threading it here. The argument Elias has made is that this reconsideration seeks review of the entire case, flouts the courts order, was procedurally improper, and expands the proceedings.

If they would have made a… twitter.com/i/web/status/1…

…But, if they would’ve done that - THAT actually would’ve expanded the request. Lake didn’t ask for a review of the entire election contest, as argued. The fact they represented it that way is just more evidence of their blatant dishonesty.

They CLEARLY didn’t do that here,… twitter.com/i/web/status/1…

They don’t provide any reason to deny the procedural motions, and are wrong that reconsideration requires “new evidence or intervening change in the law”

Their VERY ARGUMENT in defense is that THEY BROKE THE LAW.

This isn’t hard. They have literally filed over and over… twitter.com/i/web/status/1…

In a case, if you fail to respond to an issue raised, you concede the issue is true. If you don’t argue back against it, it is a concession. Hobbs/Fontes failed to rebut two issues raised, hence, they are conceding those points to Lake.

First, The Court of Appeals recognized that 50 ballots might have been unlawfully injected at Runbeck, but found the number immaterial, given the vote margin and all other counts were dismissed. Now that the court remanded the signature verification, it’s possible that the CoC… twitter.com/i/web/status/1…

And here, again, the CoC issue has been raised the entire time. They raised this specific claim as ARGUMENTS in support of an issue, that can be raised.

And finally, Lake requests the court grant her leave to seek the reconsideration of the denial of the Petition for Review with respect to the chain-of-custody issues.

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