Judge Sullivan is preparing to issue an order for OIG inspectors to sweep USPS processing facilities today that had low processing scores for ballots delivered yesterday -- including in Florida, Georgia and Pennsylvania -- to make sure no mail-in ballots are left behind.
Text of the proposed order, which will change slightly in the final order including the 3 o'clock deadline pushed to 4:30>>>
NAACP motion for further relief filed moments before this morning's hearing>>>
DOJ shared concern that the order will place a burden on USPS personnel, getting in the way of them doing their jobs today.
Judge Sullivan said he is "extremely sensitive" to imposing any unreasonable burden but the order for USPS to certify that sweeps take place is not that.
Alrighty and here's Judge Sullivan's order to sweep USPS facilities from 12:30 to 3:00 p.m. to ensure "no ballots have been held up" and any still on site are sent to election officials immediately.
A federal judge ordered postal inspectors on Tuesday to sweep USPS districts with low processing scores for election mail deliveries to make sure no ballots are left behind on Election Day. @CourthouseNewscourthousenews.com/bring-out-the-…
UPDATE: USPS *failed* to carry out the sweeps of processing facilities to make sure no ballots were left behind, ordered by Sullivan today. The judge in an order tonight said the government should be "prepared to discuss the apparent lack of compliance" in tomorrow's hearing.
The Justice Department told the court that postal inspectors were on site today from 4-8pm to carry out the "daily review process" designed "to ensure compliance at the critical period before the polls close."
But DOJ said USPS was "unable to accelerate the daily review process" to run the checks Sullivan ordered carried out from 12:30-3pm "without significantly disrupting preexisting activities on the day of the Election."
The judge referred to that process as "compliance," in quotes, in his order, after directing USPS earlier today to certify that it carried out the "all clear" checks of election facilities.
The U.S. Postal Service failed to comply with a court order on Tuesday to sweep its facilities to ensure no ballot was left behind on Election Day, including in battleground states like Florida and Pennsylvania. @CourthouseNews courthousenews.com/postal-service…
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Hearing coming up at the top of the hour on the USPS lawsuits over possible delayed delivery of mail-in ballots.
Yesterday, Judge Sullivan indicated Postmaster DeJoy was not "off the hook" for failing to follow an Election Day order to sweep facilities for misplaced ballots.
Note that court staff have set up two more public lines after hundreds of people dialed in yesterday:
We also got a dump of data from USPS in the last hour or so on:
Extra and late trips
On-time delivery percentages
Number of inbound/outbound ballots processed
(all stats the agency has been sharing/updating daily over the last week)
In a hearing set to begin momentarily, Judge Sullivan plans to question "the apparent lack of compliance" by USPS with his order to sweep postal facilities on Election Day to make sure no ballot was left behind. @CourthouseNews background: courthousenews.com/postal-service…
Sullivan, always very friendly with both parties, is NOT happy.
“I would like you to explain just what the heck happened yesterday.”
Judge Sullivan says that Postmaster General DeJoy may need to appear before him to testify.
#Barrett is back in her seat after 11 hours of questioning yesterday. Same format today: all 22 senators get 30 mins to question the judge, plus we may see another round of 10mins after.
Graham: “I’m highly confident that you will judge every American based on their case, not the law of Amy.”
Graham backs up Barrett's take yesterday that Roe is not "super-precedent."
Good morning from Capitol Hill where I’ll be in the small pool of reporters inside the room this week for Amy Coney Barrett’s Supreme Court nomination hearing. Follow for live updates.
This'll be my first time working not from my kitchen table in almost six months. Feels great to be back in the room.
Note that senators, staff and media are all masked but there's very little social distancing happening.
Reporters are spaced out but senate folks are mingling freely.
Former FBI Director James Comey is set to testify at 10am before the Senate Judiciary Committee on the origins of the Crossfire Hurricane investigation into links between Trump's 2016 campaign and Russia. I'll have live updates.
Chair Lindsey Graham starts out saying the FISA system (Foreign Intelligence Surveillance Act) is "very much in jeopardy" and that without substantial reform he doesn't think the Senate can reauthorize.
Graham laying out the timeline of the Carter Page warrant including ex-FBI lawyer Kevin Clinesmith altering an email. Background: courthousenews.com/former-fbi-law…