I would like to tell you that I'm covering a hearing in Clark County, NV, in one of the cases challenging the county's handling of mail-in voting and seeking a revote, but...the courtroom is somehow muted on Blue Jeans, so I am only covering in the sense that I can *see* it...
A masked lawyer is currently gesturing. Then the masked judge is gesturing. That's all I've got.
Aha we have sound!

Here's a link to the complaint in this case courtesy of @DemocracyDocket, it's seeking a total revote in Clark County: democracydocket.com/wp-content/upl…
The hearing sound kicked in just as the judge was questioning how the allegations raised by plaintiffs warrant a total redo of voting in Clark County (she sounds v. skeptical) — she questions that he's basically asking that residents in Clark County don't have their votes count
Just so the players are clear — the Trump campaign is *not* a party to this case, and the DNC/Nevada Dems are seeking to intervene to support Clark County
Oof so it turns out the public was given the same BlueJeans info as the lawyers for Clark County and the DNC/Nevada Dems, so they've been shut out of the hearing until now too. The judge is summarizing everything that's happened so far and figuring out how much they need to redo
The plaintiff is a GOP congressional candidate Jim Marchant — the judge is saying that in terms of understanding what Marchant is arguing, she has a problem with the fact that the congressional district at issue covers multiple counties, but he's only challenging Clark County
Meanwhile, the lawyer for Clark County says Marchant and his lawyer (who is pursuing several lawsuits raising similar claims in Clark County) haven't formally served them, and procedurally have also styled the lawsuit wrong per NV law
The Clark County hearing is back on after a short break - so far the video and audio are working!
Nevada local counsel for DNC/NV Dems is seeking permission for out-of-state lawyers to enter the case, which is normally a pretty routine process. Plaintiffs counsel Craig Mueller is opposing, saying this is a narrow, county-specific issue, dispute they need to be part of it
Judge has granted the motion for out-of-state counsel to have permission to practice in the case, saying they've met the requirements and parties have a right to hire whatever counsel they want. Now hearing args about whether DNC can formally intervene in the case
Something that jumped out: In opposing admission of DNC counsel, the plaintiff's lawyer Craig Mueller argued it was a narrowly-drawn, county-specific case, and he started to say it involved fraud before quickly correcting himself that it was not about fraud
DNC/NV Dems lawyer Kevin Hamilton argues they have an interest b/c it affects Dem candidates. Even if relief is just about revoting Marchant's race, and not all races, Hamilton says that still affects his clients. "This election is over. And Mr. Marchant lost the election."
Judge Sturman grants DNC/NV Dems motion to intervene — she explains she's doing it because Marchant didn't name his Dem opponent (Steven Horsford, who won) in the congressional race as a party, and so someone needs to be representing Horsford's interests in the case
Mueller is summarizing their case against Clark County, which is two-fold: That Clark County sent 10s of thousands of mail-in ballots to addresses with inactive addresses, and then unlawfully and improperly used a computer program to verify signatures on mail-in ballots
The Nevada Supreme Court previously considered the issue of the computer system Clark County used to verify signatures on some mail-in ballots, Agilis, and wasn't persuaded that it violated Nevada law assets.documentcloud.org/documents/7289… Image
Clark County lawyer Mary-Anne Miller says Marchant's lawyer is misrepresenting the law and the facts on the ground:
- NV law anticipates situations where people are still eligible to vote even if the address on their ballot is wrong (e.g. military, college students)
More from Miller:
- Clark County election officials can't just scrub someone from voter rolls if one mail-in ballot is returned for bad address, it takes multiple election cycles
- Agilis is not a "voting machine" per NV law, it sorts mail and can be used to check signatures
DNC lawyer Kevin Hamilton is noting that NV law says that Senate/House candidates are explicitly carved out from the state election contest law, and he argues Marchant is trying to shoehorn an election contest through other laws re: ballot destruction that don't apply
Judge Sturman goes back to her problem with the fact that even if Marchant just wants a revote for his race, the congressional district covers multiple counties, and he's only asking for a do-over in Clark Cty. DNC lawyer Hamilton says that would trigger equal protection issues
Sturman is noting the previous case challenging the use of the Agilis system to verify signatures, noting that a judge in Carson City held a 10-hour evidentiary hearing before rejecting that challenge
Clark Cty's Miller says Marchant's case is based on too many leaps — that b/c 93K ballots were allegedly returned as undeliverable in the *primary*, that's proof large #s cast invalid ballots in the *general*, and that there's a way to show X of them voted for the Dem candidate
Sturman again comes back to the fact that Marchant is only asking for a do-over in Clark County — she confirms that the congressional district at issue covers seven (7) counties. Marchant's position is he only has a problem with how Clark County handled things
Sturman is saying that the math doesn't make sense — Marchant has to make up ~30K votes in Clark County, and she's not clear how the court is supposed to be able to tell if the ballots that he contends are at issue would make a difference in terms of that margin
I have to jump off this Clark County hearing for a bit, but @alanfeuer is live-tweeting so follow him for more updates -->
This outcome seemed likely given the judge's questions today — worth noting there are several cases raising similar claims pending in Clark County from the same lawyer, Craig Mueller

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More from @ZoeTillman

22 Nov
New: A deep dive into tonight's opinion demolishing the Trump campaign's bid to stop Pennsylvania from certifying Biden as the winner — and illustrating how the campaign has failed to translate unfounded fraud conspiracy theories into winning legal claims buzzfeednews.com/article/zoetil…
Step 1: The judge concluded Trump's campaign and the individual voters who sued lacked standing — the critical hurdle a party must clear to get anywhere in court buzzfeednews.com/article/zoetil… Image
Step 2: The judge concluded that even if Trump's campaign/the voters had standing, they would fail on the merits — that PA letting counties decide if they would let voters "cure" defective ballots wasn't unconstitutional buzzfeednews.com/article/zoetil… ImageImage
Read 8 tweets
19 Nov
In Pennsylvania, the Trump campaign has withdrawn its appeal of a judge's order rejecting their challenge to 592 absentee ballots in Montgomery County where the voter didn't write their address when they signed the envelope declaration
Elswhere in PA, a judge in Bucks County rejected the Trump campaign's appeal of the county's decision to count 2,117 absentee ballots with various deficiencies. Judge notes both sides agreed there was no evidence of fraud re: the ballots in this case assets.documentcloud.org/documents/7331…
Just in: A GOP win in Pennsylvania — Commonwealth Court judge ruled that 2,349 absentee ballots in Allegheny County where the voter didn't date their declaration are invalid, reversing a lower court judge assets.documentcloud.org/documents/7331…
Read 5 tweets
19 Nov
Rudy Giuliani is holding a presser to rehash unfounded allegations of a left-wing conspiracy to rig votes in Dem-leaning big cities. He's with Trump ride-or-die lawyers from the past four years: Sidney Powell (also Michael Flynn's lawyer), Joe DiGenova, and Victoria Toensing
Giuliani is citing an affidavit filed by an election worker in Detroit that he says offers proof of fraud. Here are the excerpts from the court opinion explaining why the claims in this affidavit weren't persuasive or were altogether disproven by evidence from election officials
Here's a link to the full opinion in the Costantino case: assets.documentcloud.org/documents/7328…

The judge noted this witness didn't lodge any complaints at the time about what she allegedly witnessed and only came forward after Biden won
Read 11 tweets
19 Nov
New: Trump's campaign is dropping its effort to stop Michigan from certifying results — there's a court notice, affidavits, and Giuliani statement, and they all *contradict each other* (thread coming.) Regardless of what they say, though, this case is over
First, the facts: The Wayne County Board of Canvassers voted to certify the election results. That happened after the board initially deadlocked. Here's the Detroit Free Press: freep.com/story/news/loc…
The campaign's notice says the board of canvassers "declined to certify the results" — that is false. There are affidavits from the two GOP members that confirm they voted to certify — they're now trying to walk it back, but that's different from saying they declined to certify
Read 9 tweets
17 Nov
Hello from my dining table, where I'll be covering the 1:30pm hearing in the Trump campaign's case in federal court in PA seeking to block certification of the election results.

Background on where things stand for Trump in this case and in PA generally: buzzfeednews.com/article/zoetil…
The court has made remote audio access available to the public, the dial-in information is here: pamd.uscourts.gov/sites/pamd/fil…

Current status: jamming to the hold music
The newest member of Trump's legal team to enter an appearance in court, Rudy Giuliani, is there, per @joshgerstein
Read 53 tweets
17 Nov
New: A few developments of note in the Trump campaign's federal court case trying to stop PA from certifying the election results:
- Another legal team changeup, with his prev. lawyers suddenly withdrawing and a new set entering appearances (no explanation provided in filings) ImageImage
- The Trump campaign's new lawyers asked the judge to delay a hearing set for tomorrow, saying they needed more time to get up to speed
- Judge Matthew Brann has denied that request ImageImageImageImage
- More in the Trump case in PA: The judge let two of the campaign's lawyers withdraw, but is silent on the third who asked to go, Linda Kerns. Once a lawyer is on record in a case, that carries certain obligations and the judge has discretion to decide if/when they can leave Image
Read 5 tweets

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