Thread by @NickOchsnerWBTV

Bailiff just announced that we CAN tweet and take pictures from the #nc09 hearing. This is a very big deal in NC, where many courthouses still don’t allow phones at all. Many props to Judge Ridgeway and @kzmyers for facilitating as much media access as possible!

“Certification is a process with a mandatory timeline” Dale says. Then makes clear @MarkHarrisNC9 wants NCSBE investigation to continue after he’s certified. “We can’t be in a process that has no end.” #nc09 #ncpol

Dale argues that because there was no protest (within the means of the law) then the board should have certified #NC09 race #ncpol

Dale says NCSBE cannot create its own timeline for handling #NC09 certification outside of statute. Points that that law gives 2 extra weeks if voters got wrong ballots or ballots were destroyed but that’s it #ncpol

Judge asks if Harris’s argument would be the same if the NCSBE still existed. Lawyer says yes and his point is bolstered by fact there isn’t a board #NCPol #nc09

Attorney for Harris pointing out that mandatory certification timeline came into effect in 2001 law. Didn’t exist when other ‘taint’ cases were decided, when the law allowed certification whenever results of race were ascertained #NC09 #ncpol

Attorney for Harris points out NCSBE Dir. Kim Strach has previously pointed out that canvass/certification of race moves on a different track from investigation #NC09 #ncpol

Judge is asking abt effect of 3-Judge panel. Says panel found NCSBE Director’s appointment under ‘new’ legislation (that was invalidated) unconstitutional. Asks if she has authority to carry out any court order. Lawyer says yes, under previous law that goes back into effect #NC09

Ridgeway points out that under ‘old’ law now, arguably, in effect the board would have to appoint NCSBE Director. But that hasn’t happened since there isn’t an interim board #NC09 #ncpol

Harris attorney pointing to previous case where court found action was appropriate from a judge even after a new NCSBE was empaneled. Says court should act even if/when new NCSBE is appointed next week #nc09 #ncpol

Harris lawyer: “that cannot be a standard where a regulatory body can just hold up (certification) indefinitely. That’s not how representative government works.” #nc09 #ncpol

Lawyer points out steps Harris has taken to cooperate w/ NCSBE investigation. Says Harris and wife have both been interviewed. Says +700 attorney hours spent responding to subpoena. Harris was previously accused of being slow to respond to subpoena #NC09 #ncpol

“We don’t know how many votes could be an issue” in #NC09 race, a (different) lawyer for Harris tells judge. “There’s really no competent evidence before this court that there are irregularities.” #ncpol

Harris lawyer also asks judge to, as part of ruling, to order NCSBE release its report from its investigation. “I think it would be good for everyone to know the result of the investigation.” #nc09 #ncpol

Lawyer argues that an entire term of Congress before court action could resolve #NC09 race. “We could go a full two years w/out anyone being represented in Congress.” Judge asks why these arguments aren’t more appropriate for the new NCSBE once it’s formed #ncpol

“Why is it that there’s this urgency, here we are Jan 22, and we have a new board that will be constituted in less than 10 days?” Judge says in asking why there’s urgency from Harris team #NC09 #ncpol

Judge says there are alternative remedies to the relief sought in this case, namely by new NCSBE. “why are we looking at a dramatic intervention from one branch of government to another branch of government?” Judge asks. #NC09 #ncpol

“This is an extremely unusual situation with no board in place and asking a court to step in and assume extraordinary power,” Judge tells Harris attorney. Says any court action would be reviewed by appellate court #NC09 #ncpol

Judge says he’d have to speculate on what the record in this case shows Bc he doesn’t have a report on the investigation. #nc09 #ncpol

Judge says his reading of Clay Co. case (previous ‘taint’ case) doesn’t require board to show a certain number of votes were impacted if sufficient taint to affect election #NC09 #ncpol

Judge again points to the fact that he has nothing in the record before the court regarding if/what the NCSBE investigation has found. “I don’t know what the investigation shows. I don’t think anybody knows what the investigation shows” #nc09 #ncpol

Third lawyer for Harris now arguing. “Reason why the precious board was dissolved was because of their own misconduct” he says. Citing specific portions of 3-Judge panel ruling citing delays by NCSBE. “We’re here Bc we have no choice” lawyer says #Nc09 #ncpol

Attorney from the @NCAGO now arguing on behalf of NCSBE #ncpol #nc09

“yes it’s true that, as we stand here, Dr. Harris is prevailing but he has not yet prevailed” NCSBE lawyer says #NC09 #ncpol

Attorney for NCSBE points out that decision to not certify #NC09 made by a bipartisan board after being briefed on preliminary evidence on two occasions. Worth noting the board hasn’t made the evidence presented in closed session 11/27/18 public #Ncpol.

“There’s some dissonance between those actions and a sense of urgency” attorney for NCSBE says of slow timeline by which Harris campaign began cooperating w/ board investigation #NC09 #ncpol

“There’s an investigation going on. There’s an open question as to who rightfully won the election,” attorney for NCSBE says #NC09 #ncpol

Attorney for NCSBE is now attacking Harris’ legal standing/procedure for seeking this court action (specifically, a writ of mandamus) #ncpol #nc09

Lawyer for NCSBE says investigation evidence will show enough votes were impacted by fraud to call election into question “the evidence will show that the margin of this election will be called into question” #nc09 #ncpol

Interesting argument from NCSBE attorney re: amount of ‘taint’ necessary for new election. “I’d suggest to the court that the nature of the fraud is just as important as the scope of the fraud” #nc09 #ncpol

Attorney for NCSBE now pointing to new #ncga bill passed 12/27/18 creating new NCSBE that specifically refers to new board potentially ordering new election in #NC09. “Where the old board leaves off the new board begins.” #ncpol

Lawyer for NCSBE acknowledges the 3-Judge panel dissolving previous NCSBE was unexpected. Notes gap before now-old board and the new board that will take effect 1/31/19 #ncpol #nc09

NCSBE lawyer now discussing standing for this action to be before a court. Says there’s a distinction between this case, where court order was sought in absence of board but after some action taken and cases where decision of county board being appealed #nc09 #ncpol

Judge just asked NCSBE attorney to address distinction between an election protest and an investigation into potential election fraud. “Schematics with respect to a protest... doesn’t apply here Bc the board has that information. They don’t need to publicly declare it.” #nc09

NCSBE atty: “there’s nothing in (the law) that gives the Executive Director the authority to certify an election. That’s why we have a state board!” #nc09 #ncpol

NCSBE attorney now challenging argument from Harris atty’s that statute has mandatory timeline. Judge points out old statute refers to protest. New law contemplates investigation. Asks is protest/investigation are the same for the purpose of this case #nc09 #ncpol

“I think this isn’t usurping the will of the voter. I think it’s confirming the will of the voter” lawyer for NCSBE says in delay of certification in #nc09 race #ncpol

Lawyer for NCSBE pushes back on assertion from Harris lawyers that the board has ‘refused’ to certify #NC09. Says they’ve chosen to delay certification #NCPol

“I don’t think we need a legal remedy. I think we need the process to play out” NCSBE attorney says. Also points out Harris likely wouldn’t be seated if he is certified by state, pointing out statements from Congress #nc09 #ncpol

“Let the process play out. If it turns out the 905 vote margin is entirely legitimate, great” NCSBE attorney says #NC09 #ncpol

Judge announces 10 minute recess until 11:45 #nc09 #ncpol

Attorney @marceelias now arguing on behalf of Dan McCready. “There are two types of states in this country: get it done quick states and get it done right states.” #nc09 #ncpol

“when the state has been presented with evidence of fraud and has this sweeping authority they have every reason to get it done right” Elias says #NC09 #ncpol

“this is, quintessentially, a case that is crying out for a trier of fact,” Elias says for a reason as to why the NCSBE should handle this case and not a court. Then notes the previous NCSBE has been “shockingly bipartisan” #nc09 #ncpol

Elias now arguing that NCSBE Director ceased to have any authority over elections when the previous board dissolved, which is different purview than what the NCSBE attorney said #NC09 #ncpol

Elias has finished on behalf of McCready. Harris attorneys now rebutting #NC09 #ncpol

“I am deeply troubled by that” Harris attorney says of statement from NCSBE attorney that evidence will show #NC09 election result is in doubt after saying he hadn’t seen the evidence #ncpol

Attorney for Harris now reiterating the fact that NCSBE chose to investigate under ‘other action’ and not due to a ‘protest.’ Because of that, they argue, the investigation cannot delay certification #NC09 #ncpol

“We want to get it done right. That’s why we’ve provided documents. That’s why we’ve filed things in open court.” Harris attorney David Freedman says in rebutting argument from Elias that Harris filed court action with “unclean hands” #nc09 #ncpol

Breaking: judge says he may announce ruling after 15-20 minute recess. Also says he may not... But interesting if we get a ruling in the next hour #ncpol #nc09

Update: we’re still in recess. No indication when court will reconvene #NC09 #ncpol

Happening now: Judge is taking the bench. Sounds like he’s going to read a ruling he has prepared #nc09

Judge now reading findings of fact and conclusions of law. That’s the ground upon which his ruling is based #NC09 #ncpol

First finding(s) of fact deal with the board’s decision to commence an investigation into #NC09 and its authority to stay proceeding. “The court concludes that the board’s initiation of an inquiry constitutes a protest.” #ncpol

“Certification is not appropriate until investigation is concluded.” #nc09 #ncpol

“The investigation into the grounds of the protest has continued despite the absence of a board” judge says #NC09 #ncpol

“The Board of Elections... will be in the best position to deal with the factual issues arising in this petition.” #nc09 #ncpol

Breaking: judge denies petition of @MarkHarrisNC9 to order certification of #NC09 election. Effectively sends the matter back to the NCSBE, which will be appointed 1/31/19 #ncpol

Harris attorney David Freedman is speaking w/ reporters after #NC09 hearing. Doesn’t rule out appealing today’s decision. Also says Congress should respect ultimate certification of the race. No greater concern of a new election after today’s ruling #Ncpol

McCready spokesman Aaron Simpson now speaking to media. Says he hopes today moves #nc09 one step closer to resolution. “We do know election fraud took place, by some accounts substantial.” #ncpol

“There can be no election fraud in our election fraud in our system... it’s not a Republican or Democrat issue,” Simpson says #NC09 #ncpol

“We’re not here to circumvent Justice. We’re here to make sure justice gets done,” McCready spokesman Simpson says when asked what the campaign would think if Harris is certified as #nc09 winner #ncpol

Was just told Judge Ridgeway will not file a written order in today’s #nc09 matter since he announced a full order in open court #ncpol