NOW: Hearing underway before Las Vegas federal judge on GOP challenge to Clark County NV automated process for absentee ballot signature matching
GOP lawyer David O'Mara's 1st complaint is access to counting, says public observers are behind glass. 'It's just basically nothing. You get nothing out of it. It makes that statute a nullity.'
Judge is quoting Justice Kavanaugh about dangers of federal judges stepping into election administration at last minute
Judge Gordon: 'You're asking for extraordinary injunctive relief. It has to be narrowly tailored. What I'm not hearing is any narrow tailoring of what you want me to do.'
Judge is asking why client waited to take legal action after being refused to vote on Oct. 28 because clerk believed she already voted. Initially judge says it may be laches (waiting too long) but then backs down
Craig Newby, NV deputy solicitor general, says plaintiffs advocating a 'nebulous, undefined' access standard. invokes Purcell principle, says NV court has pending case. 'They are in the best position and the final authority on what Nevada state law is.'
Newby says there's a very good reason why Clark County is using machine-matching for signatures. 'There's a rational basis for that. There's a lot more people in Clark County.'
Judge Gordon ruling from bench on TRO request. Sounds like GOP will lose.
They did lose. Story to come.

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More from @joshgerstein

29 Sep
Long-awaited hearing in Michael Flynn case is underway by video before Judge Emmet Sullivan. It's been 54 weeks since the parties went before him. Last big ruling in the case came last month from en banc DC Circuit politi.co/3jyuTIS
Judge says issue isn't whether case should proceed to sentencing. "Sentencing has already commenced," Sullivan notes. Such hearing took place in December 2018 and was continued...
OK BIG: Judge says Flynn 'elected not to fully cooperate with the government' last year. Flynn's position is that he did cooperate and the government decided to drop him as a witness at his business partner's trial
Read 6 tweets
12 Sep
A few nuggets re my story yesterday about how feds decided a Secret Service agent's choke-slam of a veteran Time magazine photographer at a 2016 Trump rally was A-OK. politico.com/news/2020/09/1…
One of Washington's top champions of photographers, @SenatorLeahy was deeply disappointed in the @DHSOIG endorsement of the agent's action. "Journalists and photographers should not be confined to ‘press pens’ for widely attended public events," Leahy said.
Leahy also said the body slam seemed to be part of "a disturbing pattern" of violence against journalists, including in recent protesters in Portland & elsewhere. The photog, Chris Morris, told me he thinks the agent was keyed up by Trump's anti-press enemy of the people talk.
Read 10 tweets
11 Aug
NOW: En banc oral arguments underway on Michael Flynn case at DC Circuit. Judge Henderson, who unexpectedly joined Judge Rao in ruling in Flynn's favor in June, has no questions for Flynn's lawyers when she is offered chance to ask
Tatel makes point we've noted before at POLITICO: DC Circuit always has right to take up a case en banc, whether or not someone asks them to. And they can declare that request moot and say they're acting "sua sponte"
Flynn looks to be in trouble at en banc court given that Griffith, the only GOP appointee on the bench who hasn't already ruled on the case, sounds hostile to Powell's position
Read 5 tweets
16 Jul
Just as it did 2 days ago, #SCOTUS ruled around 2:45 AM ET. Another 5-4 decision, clearing way for Purkey execution. No per curiam this time. Breyer/Soromayor opinions dissenting. Doc: drive.google.com/file/d/1uPuKFJ…
Indiana fed judge issued a somewhat odd ruling this morning rejecting another stay request and seeming to say Purkey may be put to death because of where and when his lawyers decided to file certain claims courtlistener.com/recap/gov.usco…
Purkey's lawyers appealed this too but theres no sign of it on 7th circuit docket that I can see
Read 4 tweets
2 Jul
Biggest news in Jeffrey Epstein probe in nearly a year as his longtime girlfriend, publishing heiress Ghislaine Maxwell, is arrested in NH on an indictment charging her with grooming teenage girls for sexual abuse by Epstein and that she sometime took part politico.com/news/2020/07/0…
FBI NY chief Sweeney called Maxwell '1 of the villains' in the investigation. Acting US Atty Strauss again called on Prince Andrew to cooperate. He's said he is, but hasn't actually spoken to investigators. POLITICO broke the Andrew allegations here in '14 politico.com/blogs/under-th…
A few notable things about the charges. All the abuse charged in the indictment took place in 1994-97, more than 20 years ago and more than a decade before Epstein's controversial 2008 plea deal nixed fed charges in Florida.
Read 7 tweets
18 Jun
Thread with a few thoughts on DOJ's request for a TRO/PI to block publication of Bolton's book....Seems like a rear-guard action at this point, especially given what appears to have been a coordinated effort by S&S to get the juicy bits out there today
politico.com/news/2020/06/1…
DOJ going to have to overcome pretty strong claims of futility by Bolton's lawyers, previewed here: courtlistener.com/recap/gov.usco… So this is likely to become a battle over the proceeds from the book rather than whether the book gets out.
One of the most interesting details in this saga: Ellen Knight, the NSC staffer who handles reviews like this and spent more than four months working with Bolton on edits allegedly "signed off" on a version of the book on April 27, according to Bolton lawyer Chuck Cooper.
Read 13 tweets

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