JUST IN: Postal Service files a new explanation in court explaining its failure to comply with Judge SULLIVAN's order but says it complied in spirit anyway.
SULLIVAN is *furious.* He says “11th hour” decision not to comply is a problem.

“Someone may have to pay a price for that,” he says.
SULLIVAN emphasizes he doesn’t hold the DOJ attorney responsible. “It’s your clients, each and every one of them, starting at the top of the food chain.”
DOJ attorney, on call with the judge, is apologetic for not informing Sullivan that USPS would not comply with his order to sweep facilities for ballots. “I deeply regret that and will convey that to our client.”
🚨 SULLIVAN says he expects to ask DEJOY to be deposed or appear in court to answer for noncompliance with his orders. “I’m not going to forget it.”
SULLIVAN wants testimony by *today* from someone senior at the Postal Service. DOJ lawyer suggests 2:30.
UPDATE: Kevin Bray, who leads mail processing for USPS, is set to testify at 1:30pm. Sullivan will reconvene then.
NEW: In a tense hearing Wednesday, Judge SULLIVAN excoriated USPS leaders and suggested he might demand testimony from DEJOY for defying his court order to sweep postal facilities for undelivered ballots. politico.com/news/2020/11/0…
NOW: Judge Sullivan's hearing resumes, now with USPS' top 2020 ballot processing chief under oath and responding to questions.
One of the plaintiffs is asking the USPS official, Kevin Bray, to respond to a newly received tip about four days' worth of mail-in ballots sitting on a loading dock in Greensboro. They intend to look into it and get back to the court.
JUST IN: Court-ordered sweeps of Texas postal facilities identified several hundred undelivered ballots that were subsequently nearly all delivered.

Texas allows ballots postmarked by Election Day to count through Friday >>>
NEW: The Postal Service has filed in court a trove of data about its ballot deliveries form 10/27-11/4, including raw numbers broken down by various jurisdictions.

HAPPENING NOW: Advocates are urging Judge Sullivan to enter an order that would require USPS to expedite delivery of ballots in states like Pennsylvania and North Carolina that have extended deadlines to receive ballots postmarked by Electiomn Day.
Judge SULLIVAN is preparing to issue an order, crafted in consultation with plaintiffs and USPS, that requires postal facilities in PA and NC to coordinate with local election boards to guarantee ballots get delivered before Friday's extended deadline.
SULLIVAN ending today's proceedings issues effusive praise for "all the dedicated men and women of the US postal service."

"Nothing stops the Postal system. I feel like giving the postman a big hug today," he says.
Another batch of USPS data on ballot delivery, this one including 100 pages of records of postal facility sweeps in recent days that intended to capture ballots that hadn't been delivered yet.

JUST IN: The Postal Service has provided written explanations for jurisdictions that had ballot processing scores of less than 90% on Nov. 3 or 80% on Nov. 4 >>>

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More from @kyledcheney

5 Nov
There is no scenario in which this could actually work -- legally or otherwise.
There are many reasons the suggestion is ludicrous but one is this: Congress settles disputes over electors, and the House would never allow these votes to be counted.
And that requires this plan to clear so many other virtually impossible hurdles that it would almost certainly never get this far.
Read 4 tweets
4 Nov
(They have not won Pennsylvania, and it might not be relevant to the final tally)
PA governor responds to Trump effort to stop vote-counting and prematurely claim victory >>>
Trump's Michigan lawsuit, intended to stop counting, has been filed in the state's Court of Claims.
Read 5 tweets
4 Nov
Trump begins his campaign to delegitimize potential late Biden gains while votes are being counted.
He deleted and reposted it to fix a poles/polls typo
Trump is doing what many feared: declaring that he won states that are, in reality, still too close to call while suggesting the counting should end becaus early counts reflect leads.
Read 5 tweets
4 Nov
NEW: For all the dire predictions about polling disasters, violence, disruptions and disinformation — Election Day has largely been smooth ... for now.

The latest on what election observers are (and aren't) seeing across the country, w/ @ZachMontellaro

@ZachMontellaro There have been sporadic issues with voting machines, ballot printing and delays — most of them quickly resolved — but none of the systemic problems many feared. politico.com/news/2020/11/0…
@ZachMontellaro One reason for this: coronavirus. The pandemic led states to loosen restrictions on early voting, which relieved pressure on in-person polling locations, despite record-breaking turnout across the country. politico.com/news/2020/11/0…
Read 4 tweets
27 Oct
NEW: Lawyers for Strzok and McCabe declined this week to help DOJ vouch for the accuracy of handwritten notes used as evidence to dismiss the case against FLYNN.

But DOJ told Judge Sullivan both attorneys had verified the notes anyway. The details:

Sullivan had already upbraided DOJ for "inadvertent" alterations made to Strzok/McCabe's notes. He asked the department last week to certify by Monday that there were no other alterations to the evidence.
But in making that certification, DOJ raised new questions by indicating McCabe and Strzok's lawyers agreed there were no other alterations. Emails reviewed by POLITICO indicate both lawyers affirmatively declined to help assess the validity of the notes.

Read 4 tweets
27 Oct
NEWS: A federal judge has denied DOJ's motion to substitute the U.S. government as the defendant in a private defamation suit against President Trump brought by E. Jean Carroll, who accused Trump of raping her in the 1990s.

Naming the U.S. as defendant would likely have killed the suit, since the federal government is immune from civil litigation.

"Ms. Carroll would be left with no remedy, even if the president’s statements were false and defamatory," the judge wrote. politico.com/f/?id=00000175…
NOTABLE: Kaplan says that because no one can order Trump to speak, or not speak, about anything, he can't be construed as acting as an employee of the government when he opined on @ejeancarroll's accusation.

Read 4 tweets

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