Alan Feuer Profile picture
20 Nov, 23 tweets, 3 min read
I'll be following a hearing in Nevada challenging the vote in Clark County & seeking a new election there.
The Trump campaign isn't involved. Case was brought by a failed GOP candidate for congress Jim Marchant.
But if successful it could help Trump by delaying certification.
Lawyer for Marchant is objecting--in a highly unusual way--to a pro hac vice motion by lawyers for DNC saying this is a local case.
"This is not a matter of national interest," he says.
Marchant is also objecting overall to the DNC intervening in the case at all.
Judge grants the pro hac vice motion--allowing lawyers from other jurisdictions to practice--now they're moving onto whether the DNC can intervene in the case.
Judge asks, "What interest would a national political party have in our little matter here?"
Kevin Hamilton, a lawyer for DNC, says it could disrupt the certification of all votes in all races in the county, a crucial one for Dem voters.
Judge trying to clarify if Marchant is seeking to re-vote only his own race or all races in Clark County.
Hamilton says it doesn't make a difference if they only want to revote the congressional race.
"This election is over. Mr. Marchant lost," he says.
The judge grants DNC's motion to intervene in the case.
Craig Mueller, Marchant's lawyer, is arguing that 93K mail in ballots were sent out to addresses that didn't have voters in them. Elections officials also failed to verify ballot signatures by hand using an AI system instead, Mueller says.
Mueller says this was not an election of national significance.
It was an example of local incompetence.
Mary Anne Miller, a lawyer for the county, says that just b/c someone's mailing address is different than their actual address--like college students or military personnel--they're still allowed to vote.
Kevin Hamilton, DNC lawyer, is now saying the suit has been brought under the wrong law.
Mueller filed his complaint under a law describing the loss or destruction of ballots. But his actual allegations are about election claims that votes were cast and counted improperly, Hamilton says.
Hamilton says Mueller has provided the court with a thick stack articles as evidence of voting improprieties.
On top of that, Hamilton says, this election wasn't close and there's no way sufficient votes to change it can be found.
Hamilton also knocks down Mueller's claim about the AI system being wrongly used to verify signatures. Under the law, Hamilton says, it's allowable to check signatures by "electronic means."
(In fact, there was a 10-hour evidentiary hearing on this in a different case, he says.)
Hamilton says there's not enough here about anything--the AI system, the mail in ballots allegedly going to the wrong addresses--to merit an evidentiary hearing as Craig Mueller wants.
Hamilton asks Judge Gloria Sturman to dismiss the case in fact.
"The court has no jurisdiction and the showing has been woefully inadequate," he says.
(Attaching this to the thread! Sent it as a single in error)

Judge Sturman has a problem with the case:
The congressional district in question spans multiple counties and Mueller, plaintiff's lawyer, is asking only for Clark County to revote.
How is that going to work?
The judge is now agreeing with the defendants that the lawsuit was filed under the wrong law.
She also says there's no way enough votes are at stake here, even if the accusations are true, to change the results of Clark County's election.
"It's math," she says.
Mueller now wants to set things aside until Monday to look at "the backup logs" for the election.
Mary Anne Miller, a lawyer for the county, says: "I don't know what he's talking about."
What computer back up logs go to Mueller's point?
She's baffled.
Kevin Hamilton, DNC lawyer, steps in to say that's basically a records request and this judge has no jurisdiction.
DECISION: Nevada judge denies petition by a GOP congressional candidate to toss out and re-do the election in Clark County.
The Trump campaign wasn't involved in this case but it could have helped him, if successful, b/c Clark is a heavily Democratic county.

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More from @alanfeuer

22 Nov
JUST IN: Federal judge in Pennsylvania dismisses the Trump campaign's central effort to stop certification of the statewide vote.
Story soon.
Key quote: "This Court has been presented w/strained
legal arguments w/o merit & speculative accusations, unpled in the...complaint & unsupported by evidence. In the USA, this cannot justify disenfranchisement of a single voter, let alone all voters of 6th most populated state."
Here's the link, belatedly, to Judge Brann's (fairly scathing) ruling.!AnM-WBnwB3…
Read 6 tweets
19 Nov
In 15 minutes or so, a hearing will begin in federal court in Atlanta in a lawsuit seeking to halt certification of the vote in Georgia. Here’s a quick primer on the case.
The suit, filed by the lawyer L Lin Wood, alleges that the vote in GA was “suspect and tainted with impropriety” largely by how elections officials handled absentee/mail-in ballots.
Wood says the problems stem from an agreement reached in March b/t the GA secretary of state & the state’s Dem party which essentially strengthened the procedure for verifying mail-ins. He claims that agreement violated state law.
Read 69 tweets
19 Nov
NEW: Trump campaign voluntarily dismisses its federal suit in Michigan seeking to invalidate the Wayne County vote results.

This follows a voluntarily dismissal of a similar suit in Michigan yesterday.
The Trump campaign and its proxies have now lost or withdrawn from all of their major legal efforts in Michigan.

The Michigan Supreme Court is still considering an appeal by the campaign of a loss in a state suit that closely mirrored the federal suit that was dumped today.
Weird thing about the federal dismissal:
In the notice the lawyer notes--in what seems like a political not legal point--that the Wayne County Board of Canvassers declined to certify the vote. But the board DID certify the vote.
After, 2 GOP members tried to rescind their votes.
Read 5 tweets
18 Nov
I'm inside the courtroom now awaiting the hearing for Gen. Salvador Cienfuegos Zepeda and will be updating this thread live throughout the proceeding.

Here's our story from yesterday when news broke that US prosecutors were abruptly dropping the charges.…
Today's hearing is unusual in that a federal judge, Carol Amon, has ordered the acting US attorney in Brooklyn to appear in court personally.

That prosecutor, Seth DuCharme, worked closely in Washington DC with AG William Barr before he took over the Brooklyn office.
It's impossible to know what Judge Amon will ask DuCharme but one imagines it'll be a version of the question, "What happened?"

Yesterday DuCharme sent the judge a letter, at 1st under seal, saying case was dropped b/c of "sensitive & important foreign policy considerations."
Read 16 tweets
17 Nov
NEW: Wow.
US Justice Department under AG William Barr is dropping charges against Salvador Cienfuegos, ex-defense minister of Mexico so that he can be charged in Mexico.…
Federal judge in Brooklyn orders the unsealing of sealed papers presumably related to DOJ's decision to drop charges against Cienfuegos.
Read 5 tweets
17 Nov
It's official.
Rudy has been approved to appear in the Pennsylvania election case.
If all goes according to schedule, we're moments from beginning the hearing in Donald J. Trump for President v. Boockvar (the PA secretary of state).
A quick cast of characters:
The judge is Matthew Brann, who was appointed by President Obama in 2012. Before taking the bench Judge Brann was a lawyer in private practice and, interestingly, a Republican party official in Pennsylvania.
Read 69 tweets

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