Thread by @jentaub

🧵Dialed in and ready to live-tweet.

Hearing on motion to dismiss begins at 1:30 p.m. in the federal district court for the Middle District of Pennsylvania.

Donald J. Trump for President, Inc. v. Boockvar, which was filed on November 9th.

Docket:

courtlistener.com/docket/1861867…

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NEW: Judge Matthew Brann just approved Rudolph William Giuliani's petition for special to appear as counsel before the court.

courtlistener.com/docket/1861867…

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ALSO NEW: Judge Brann denied @AP's request for access to the physical courtroom today.

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This hearing relates to motions to dismiss the case brought by the Trump campaign. Here's an excerpt from Pennsylvania Secretary of the Commonwealth Boockvar's memorandum in support of her motion to dismiss

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Listening to background music now. It's 1:37 p.m. Not sure what we are waiting for

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Someone should pipe in "Wait for It" from Hamilton.

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"Your conference will begin momentarily, please continue to hold."

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Actually starting tapping my feet and bobbing my head to the music. Stockholm syndrome?

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Ohhhh. Now I get it. Since Rudy G. will appear, it's like a presser where it gets started really, really late.

Do you think he is making a video appearance from the Four Seasons Total Landscaping parking lot. Maybe that's the delay?

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Whew. Figured it out. Maybe Rudy is waiting for his first $20,000 @venmo from the Trump campaign to clear?

https://twitter.com/nytmike/status/1328769667868004352?s=20

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"You're now being joined to your conference."

"There are 3,999 participants in the call including you."

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Someone: "Your line is open, please go ahead."

Someone: "Thank you, we will begin."

Long pause. I hear nothing.

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Someone said, "please be seated."

Sounds like the bailiff is speaking. Announced the case title and is now listing the many counsel and asking for them to announce themselves starting with Giuliani.

Judge is greeting each of the attorneys

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There was a bit of a back and forth earlier between the judge and Rudy about wearing a mask when not speaking. Rudy complained that it fogged up his glasses.

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Judge Brann asked for copies of the attorneys' business cards.

Now discussing process for arguing defendant's motion to dismiss.

Donovan is taking the lead.

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Judge Brann asked for confirmation that under the amended complaint, Trump Campaign's only two remaining grounds are violation of equal protection clause and electors and elections clause.

But Rudy said he wants to amend to add back in due process claims

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Rudy also said not really pursing the elector and elections clause.

Thus, only claim is the due process claim. Asked Rudy Giuliani to proceed as he has the burden of proof on behalf of the Trump campaign.

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Rudy begins by saying he's there on behalf of the plaintiffs and thanked the court.

Rudy said there is a "widespread nationwide voter fraud." He said "this is not an isolated case and its repeated in ten other jurisdiction."

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Rudy referenced Rahm Emanuel's expression to never let a crisis go to waste.

Rudy said crisis is pandemic and said that the democrats used it to create a widescale mail-in ballot process which created fraud.He said that President Carter and James Baker warned against it.

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Now Rudy is talking about Mayor Daley in Chicago. . .

Reader, that has nothing to do with the case in Pennsylvania.

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Rudy is claiming there was a "wonderful opportunity to holdback and even produce votes" to make up a deficit.

Complaining about the 2.6 million absentee ballots.

Focused on Philadelphia and Allegheny counties.Talking about anecdotal incidents. But nothing about this case

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Now Rudy said that observers were not allowed to see counting of ballots absentee ballots.

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Rudy is still talking about allegations that all of the courts have rejected concerning fraud.

Rant, rant, rant.

He says that there were "corals and cages" around vote counters.

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Rudy wants to talk about the two individual plaintiffs.

Mr. Henry from Lancaster County. He failed to insert ballot in secrecy envelope. Said his vote was discarded.

Rudy said the other individual plaintiff, Mr. Roberts di dthe same thing and his vote was discarded.

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Rudy said they were not given the opportunity to cure these defects, but he said others were given opportunity to cure.

But, Rudy does not actually know how many people were or were not given opportunity to cure.

He said this is a "violation of equal protection."

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Rudy says he doesn't understand how defense can object to two men having standing to sue.

Now Rudy is turning the the Trump campaign as plaintiff. He claims that the Trump campaign was treated totally differently from the "Bush campaign."

Reader, I think he meant Biden.

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Rudy should read Rule 8 of the federal rules of civil procedure

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Rudy claims there is an injury but his unsupported claims are not plausible. Also if claiming fraud, heightened pleading required

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Rudy claims Republicans saw zero ballots. Wants to throw out 1.5 million votes

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Rudy says he has 100s of affidavits or declarations. Asked court to deny motion to dismiss.

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Judge asked Rudy to supply a set to Attorney Donovan.

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Rudy is showing exhibits A to D. Said “I just got these coming here today.”

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Light tweeting for a moment while I get a covid test

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Okay. Home now. I live very close to our community hospital.

Donovan, counsel for the Secretary of the Commonwealth of Pennsylvania is speaking

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He is addressing 4 issues
1. Lack of standing
2. Failure to state equal protection claim
3. Abstention
4. ?

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Also, Donovan made clear that complaint did NOT allege anyone one was denied right to vote, or that anyone voted twice or fraudulently

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Donovan is focusing first on plaintiff's lack of standing under the equal protection clause of the U.S. Constitution. Said that allegation of voter dilution if their vote is not counted.

Cites precedent of Bognet v. Boockvar that alleged vote dilution is a state law claim

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Allegation that some people may have been treated unequally is a generalized claim, not particularized to these plaintiffs.

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For a quick summary of the Bognet v. Bookvar case, see the thumbnail in this article

cbsnews.com/news/election-…

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Donovan says complaint doesn't allege which counties in announced cure process and whether the ballots were cast for Trump or other

These speculation claims cannot provide standing in federal court. There are NO allegations in the complaint that result would have changed

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Donovan also cited two other federal court decisions as precedent.

Said Roberts and Harvey don't have standing and are arguing about other counties. Not theirs.

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Judge started speaking and now we have dead air.

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Before this weird silence, Donovan said standing is the place to stop as he had argued that neither the campaign nor the individual plaintiffs had standing to sue in federal court.

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Yep. Not just me. Static on the line. Thanks @KlasfeldReports

https://twitter.com/KlasfeldReports/status/1328787260276420608?s=20

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While waiting, here's why I just got a covid test. Very sore throat and tremendous fatigue since Sunday night. Also slight chest pain. Doctor ordered the test. Should know within 24 hours, but due to 20 percent false negatives, suppose to quarantine for 10 more days.

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Still fuzzy sound on the line. We cannot hear the courtroom chatter at all.

Okay, I am so sorry for complaining about the hold music that preceding the argument. I really want that back now.

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There was a second call-in number. Wondering if they are also in a static-state.

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While we wait, sharing some other highlights. Here's one from @C_Sommerfeldt

https://twitter.com/C_Sommerfeldt/status/1328783223053291522?s=20

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And these great insights from @KlasfeldReports

https://twitter.com/KlasfeldReports/status/1328783427634597889?s=20

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Great observations also from @ZoeTillman here

https://twitter.com/ZoeTillman/status/1328784778284457984?s=20

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And, good points from @johnkruzel

https://twitter.com/johnkruzel/status/1328786482845392902?s=20

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Meanwhile in Georgia

https://twitter.com/kylegriffin1/status/1328790029125107713?s=20

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And, news in from @adambonin that the Pennsylvania Supreme Court just ruled against Trump

https://twitter.com/adambonin/status/1328790602109095941?s=20

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The court knows we are waiting and has blamed @ATTHelp

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From inside the room, it seems:

https://twitter.com/joshgerstein/status/1328790472316301315?s=20

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Another option the court could try would be a zoom webinar.

How about that?

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The "mobilizing your world" slogan is not working that great right now, @ATT

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Some good news from Michigan, which should not even have to be news, but here we are. And by "here we are," I mean that in the overused abstract manner as well as the "here we are" as in here we are waiting for this hearing to start again

https://twitter.com/sbagen/status/1328792605971329024?s=20

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I want to press that red button on my iphone and just quit this . . .but that damn voice in my head says, "don't be a quitter." And then I argue with that voice to say, you know I'm just procrastinating doing real work by live-tweeting anyway, so maybe I should quit that.

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Okay, while we are here. I am so very proud to be on the board of of Free Speech for People, an organization that fights for political equality in the U.S. This map shows the countless victories @FSFP has secured for us all over the past decade plus.

https://twitter.com/FSFP/status/1328795309468684290?s=20

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At some point, we have to stop trying to make fetch happen. But when, when?

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Okay. Got to go. My plan is to check in with @KlasfeldReports on the other side.

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