Thread by @KlasfeldReports

The same plaintiffs and lawyer who tried and failed to block certification of Michigan's election are back in court again now requesting an audit.

Their last case peddled a Dominion conspiracy theory affidavit:

lawandcrime.com/2020-election/…

Watch live now:

Their lawyer David Kallman, from the Great Lakes Legal Center, is up now.

ICYMI: Read more about his charity and others backing the pro-Trump election-overturning efforts across the United States here. lawandcrime.com/2020-election/…

Judge Kenny, who is questioning him now, is the same jurist who rejected his arguments in the other case.

Kallman says he is not abandoning his fraud claims, but he is not advancing them today in claiming to be entitled to a post-election certification audit.

Judge Kenny says that Kallman is requesting a sense of urgency about an audit, but the statute says nothing that would support that.

Kallman agrees.

David Fink for the city of Detroit:

"It's a very scary thing," what the plaintiffs are looking for.

Quoting Kallman saying "Come next week, it will be moot," Fink says: "Nothing could be further from the law."

An audit isn't a recount, Fink notes.

David Fink for Detroit:

"The request is completely moot: The Secretary of State has said there will be an audit, and now they come to court and say 'We want an audit!'"

David Fink for Detroit:

"I think we have a lawsuit in search of a purpose. I don't think we have a goal being sought by a lawsuit."

Quoting famed philosopher Marshall McLuhan, Fink tells the judge "The medium is the message" — the medium here, being the endless lawsuits.

David Fink for Detroit:

"They're looking for some success so they could tweet to their followers and say that they won."

David Fink for Detroit:

"Lets talk about this drumbeat" of lawsuits.

"Over and over again, they repeat the same lies."

If it happened once, Fink says, he'd call them "mistakes."

Repeated as it is, they're clearly lies, he notes.

David Fink of Detroit cites the "Jan. 1, 1900" conspiracy theory for example:

After this court debunked it, the same lawyers and parties repeated the same debunked claim.

"This case is about trying to get some traction from any court about the lies that are being told."

David Fink for Detroit:

"There's nothing new here," speaking about their efforts to receive another bite at the apple.

"It's a bite at the apple of public confidence. Tens of millions of Americans are believing the lies that are being told."

David Fink for Detroit notes that 154,000 votes separate the two candidates in Michigan.

"If this was the legitimate use of the legal process," Fink notes, the way to do that would be a recount.

David Fink for Detroit:

They cannot seek a Wayne County audit, which isn't legally available, even though there will be a state audit.

David Fink for Detroit calls the focus on Wayne County "disturbing."

"I have never in my life heard the racist bile" that came out of the Michigan legislative session, which he says sends the message that: "You can't trust Black people to count votes honestly."

David Fink for Detroit asked the judge to sanction the plaintiffs.

"The motion, while frivolous, serves a purpose."

David Fink for Detroit on why sanctions needed:

"We want to keep our democracy:

If we want to keep the will of the people behind our government, we cannot let them believe these baseless, unfounded claims to keep coming up & get repeated in the courts that denied these claims."

Fink's co-counsel Lawrence Garcia is now up:

He says the plaintiffs are among the people trying to keep "messing with the system."

"We're doomed" if Kallman and his firm can manipulate the system, Garcia says.

Lawrence Garcia for Detroit:

"I think Mr. Fink is right. There's more to it than meets the eye" than the plaintiffs' pleadings, referring to the broader election de-legitimization efforts behind them.

Wayne County's Janet Anderson-Davis also asked the court to reject it.

DNC's attorney Scott Eldridge praises Mr. Fink's eloquence, skewering the request for a "post-certification audit."

"The flailing about has become so apparent" that one of the parties requested sanctions.

Eldridge asks the judge:

"What are we all still doing here?"

The plaintiffs already lost their appeal.

Responding to the DNC's lawyer's rhetorical question, attorney Mary Ellen Gurewitz answers plainly:

"What we're doing here is dealing with escalation of the racist attacks against the city of Detroit."

Gurewitz also calls out the maze of nonprofit groups supporting this effort, including:

* Great Lakes Justice Center
* Thomas More Society
* American Freedom Law Center

Read more about them here lawandcrime.com/2020-election/…

Kallman from the Great Lakes Justice Center responds:

"People can call me racist. People can call our organization racist."

He calls it "name-calling."

(His lawsuit targets the state's predominantly Black areas.)

Kallman: "We're not here to change results. We're here to ask for an audit."

Judge Kenny: You really are here to change the results, aren't you.

Kallman plays coy, saying Biden can grow his lead.

"This is a more narrow legal issue."

Kallman: "I guess I'm being tarred and feathered here."

Kallman: "We're not part of any Trump campaign here."

His organization Great Lakes Legal Center's co-counsel in litigation, from the Thomas More Society, counts Rudy Giuliani as a "partner."

Judge Kenny:

I am looking at your case and your pleadings as if nothing else has been filed.

Kallman:

Well, I appreciate that judge.

Kenny:

I'm just looking at your case in front of me as one case. That's it.

Kallman on the audit: This is a new constitutional right. It says what it says.

"Our request is pretty simple."

Judge Kenny says he's going to issue a written opinion "no later than" Tues., Dec. 8 at noon.