The Trump team started out in the Nevada hearing today with a loss. The court barred a witness declaration as submitted too late under the discovery order. It is now proceeding with the evidence submitted before the Nov. 25th deadline.
Jesse Binnall is arguing for the Trump campaign. The threshold issue is the burden of proof. The state is pushing for the higher "clear and convincing" standard as opposed to the standard civil "preponderance of the evidence."
What is fascinating is that this very basic question is not answered in the statute or case law in Nevada. Kevin Hamilton representing the Democrats is arguing for the higher standard in the hearing. I am rather surprised by the lack of controlling authority on this key standard
Binnall is claiming a "robust record" of systemic voting fraud that accounts for up to four times the margin of victory in Nevada. He hitting straight fraud like dead people voting and people voting who have moved out of Nevada.
Binnall just accused the the key Nevada election official of evading service while meeting with the Democrats.
He is citing an affidavit that the official was inspecting sites with the Biden campaign while evading their service and their inquiries.
He just claimed that voting machines were not password protected and votes literally disappeared over the night. He said that there was no encryption on the system so that there was access by laptop and the votes could be changed.
He just cited at least 500 votes that he says were "incentivized" with lottery tickets and other payments but he noted that they have been unable to get discovery on the issue.
Binnall was pressed by the court to show exactly how many votes were allegedly stolen or should have gone to Trump. Binnall responded that, if that were the standard, no election challenge could be raised because "there is no way for us to tell."
He is citing tens of thousands of votes from outside of Nevada or double voting. However, he is now reaching the sticker shock relief problem: stop certification for Biden in Nevada.
...Hamilton is hitting the relief issue and reminding the Court that no court has ever ordered such extreme relief in the history of the country.
The joys of virtual justice. Hamilton was cut off in mid argument.
Hamilton is arguing that the Trump campaign must name specific voters who voted twice and who they voted for to make out a credible election challenge.
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