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)
DOJ has brought with today several USPS processing facility managers, per Sullivan's request yesterday, including from Philly, Central Penn, Greensboro and the Mid Carolinas.
Vote Forward attorney says the data USPS filed this morning suggests that 150K ballots were delivered yesterday, including 604 ballots in Atlanta and 7K in Pennsylvania.
Plaintiff attorney says in Atlanta 22.5% of ballots (around 136) were not processed on time, and in Penn 20% (around 1,400).
That means voters dropped the ballots in mail/ballot boxes and at post offices by Sat/Sun and they weren't delivered until Wed, 1 day after USPS planned.
Parties now discussing small changes to the following orders that Sullivan is ready to issue after the hearing:
DOJ attorney asking if the court can dismiss the USPS managers so they can get back to work.
Sullivan tells them before they leave he wants to say how much he appreciates and admires their work.
Nothing stops the post office, Sullivan said, adding he wanted to give the postwoman a big hug today and that his dog Zoey didn't even bark at her this morning.
Sullivan in a much better mood than yesterday, telling the parties "hope springs eternal."
He also just called out the plaintiffs for missing the midnight deadline on their proposed order -- then laughed and said "just kidding."
New tranche of records hit the docket, over 100 pages of "clean sweep" search checklists filled out by USPS plant managers:
Plaintiff attorney running through data USPS provided last night (not on the public docket) on ballot processing.
Asked by NAACP what can be done to identify misplaced ballots that need to be delivered by today/tomorrow, Kevin Bray, USPS's head of 2020 election mail operations, said:
"The clean sweeps that we’re doing and have been doing would identify what we’re capturing and delivering."
NEW DATA collected by USPS last night
Central Penn: 1,524 ballots can't be tracked, USPS confident 979 delivered, 545 left to investigate
Greensboro, NC: 3,087 ballots can't be tracked, USPS confident 1,752 delivered, 1,335 left to investigate
Mid Carolinas (NC+SC): 2,404 ballots can't be tracked, USPS confident 1,204 delivered, 1,200 require further investigation
Philly Metro: 2,496 ballots can't be tracked, USPS confident 1,682 delivered, 814 left to investigate
USPS head of 2020 election mail operations, Bray said to the shock of plaintiffs' attorney that he's never spoken with Postmaster DeJoy.
“That would not be normal. I’m well below him in the chain of command," Bray said (reminder-he's a career official 3 tiers down from DeJoy).
Bray is going to communicate directly with seven USPS plant managers in key states where ballots are still being counted and report back to the court by 4pm today.
Sign that this case is likely winding down -- the plaintiffs, DOJ and judge were laughing at the end as they all expressed little interest in convening over the weekend, as they did last Sat and Sun.
Also for fans of furry friends who missed it earlier, Judge Sullivan's dog was the one chiming in on yesterday's hearing.
Her name is Zoey.
No word from Judge Sullivan today on whether Postmaster DeJoy will be called to testify, or how USPS will be held accountable for not complying with the court order on Election Day. Background: courthousenews.com/judge-livid-hi…
Latest from Sullivan, order for several USPS processing facility sweeps FRIDAY to get any misplaced ballots delivered in time to be counted (and to report back how many ballots are located).
USPS continues to stress that expedited methods for getting ballots delivered on time are “making its numbers look bad,” reporting confidence that thousands of ballots that can't be tracked were delivered. @CourthouseNewscourthousenews.com/postal-service…
And another order from Sullivan, this one specifying USPS coordinate with North Carolina and Pennsylvania boards of elections to delivery all ballots by 5PM FRIDAY:
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NEW: USPS reports in court filing that “all clear” sweeps of facilities located 1,703 ballots in Penn and 540 in NC — 2,243 total between the two swing states with extended ballot receipt deadlines.
Total findings from USPS daily searches for misplaced ballots >>>
Update: DOJ telling Judge Sullivan that discrepancies in the above records were "growing pains," with different personnel filling out different forms for the first time yesterday to provide the info to the court.
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.
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>>>
#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.