Thread by @arizonaslaw

STARTING MOMENTARILY:

"Arizona Kraken" case, oral argument on three Motions to Dismiss

(Most recent article: bit.ly/AZlaw1122)

Also, on a (very) related note:
EARLIER this a.m., we reported on the 1st Application for Attorneys' Fees in an Arizona election lawsuit. @SecretaryHobbs seeking $18k+ vs. @AZGOP for the 2% case.
bit.ly/AZlaw1124

Judge Humetewa asks parties to include arguments clarifying:
1) safe harbor date significance
2) who the heck the plaintiffs are - Trump electors, voters, lawmakers, etc
3) significance of Judge Warner's finding in State Court contest - awaiting AZ Supr Ct decision --PW

Alex Kolodin clarifies that the plaintiffs are the 11 @realDonaldTrump electors, and a few County GOP chairs.

Judge Humetewa begins with concerns about @kelliwardaz also being plaintiff in the dismissed state court case, and the overlapping claims.

Arguing for plaintiffs, Juli Haller, says our 100-page Complaint is much more comprehensive than the 20-page state court action.

Oy!
--PW

Ms. Haller is listed on @LinkedIn as presently being an attorney in the Trump Administration. Was in the White House.
--PW

As a GOP atty just (privately) asked, it sounds as if Ms. Haller is not experienced at oral argument, can barely speak.

As I was reading that, Judge Humetewa admonishes Haller to not get into the merits of the case this a.m. (Previous orders, bit.ly/AZlaw1122))
--PW

Haller's CV: linkedin.com/in/juli-haller…

Haller, trying to rebut laches and Arizona statutory law re: election contests: "Actual fraud (only) became visible on election night."
--PW

Haller: "This claim is very much alive, your Honor."

Judge Humetewa interrupts to ask about the other judges around the country finding no federal violation. "What makes this (case) different?"
--PW

Haller argues "supplemental jurisdiction", state law claim survives even if federal claim dismissed.

Oookay, ignores the state statutes and Judge Warner's finding.

--PW

Haller: Bush v. Gore arose after state certification. "The Supreme Court didn't say it was too late, OK?"

--PW

Judge Humetewa interrupts, says time is almost up. Do you have one point left to make?

Haller tries to refocus on we can show 100s of 1000s of bad votes. "We do have the ability to show that there is a substantial likelihood that we will be successful." (That goes to TRO) --PW

Judge Humetewa previously warned plaintiffs not to argue for the TRO/prelim injunction.

Haller's last gasp is to bring up old Congressional statements of concern about Dominion.

--PW

Plus, we have evidence from people who SAW vote-switching.

Judge Humetewa cuts her off there, turns to defendants.
--PW

Arguing for all of the defendants - Ducey, Maricopa County, Hobbs - is Justin Nelson (Susman Godfrey).
--PW

Ocean bottom feeders, beware: Kraken Incoming.

h/t
@Garrett_Archer

--PW

Nelson reminds court of the other court's dismissals of the Kraken, and the "breathtaking" relief they were seeking. (I think Judge Humetewa has repeatedly indicated she is well-aware of them.) --PW

Nelson: "The plaintiffs here belonged in an Election Contest." He is referring to Arizona's specific statutory provisions about the grounds for contesting an election.
--PW

Nelson: "Plaintiffs are trying to use this court as an end run against (Arizona's) system....The state court found no fraud, no misconduct, no change of results."

Now arguing estoppel - because @kelliwardaz was in both cases, defendants are same in both cases.
--PW

Nelson is arguing on behalf of all the defendants.

Now, defending Gov. @dougducey, notes that he just served a ministerial function in the election canvass, and that the claims in this case are thus "nonsensical".
--PW

Nelson, for defendants, wraps up:
"This case is an attempt to undermine our confidence in the system without any basis in law or fact.....Arizona conducted its elections fairly."
--PW

Haller now tries to rebut:
Ducey is not just ministerial. "It is an election integrity issue we have in this case. It should be non-partisan." (?)

Dominion whistle-blower witness.

"We are not saying change the election. We are saying Arizona needs to invalidate."
--PW

Just a reminder, arguing for the GOP is Juli Haller, not Sidney Powell, Alex Kolodin or the others. She has been employed in the White House, the Trump campaign, etc.
--PW

Haller tries to tell the court that Arizona's Election Contest statutes are only "may" statutes, not "must" statutes. Judge Humetewa should not dismiss this. --PW

Haller repeatedly stresses that this "is a very heavy question."

Haller: The "injections" and "spikes" of vote tabulations around the country NEED to be looked at. "Unlawfully obtained in each of those five states." --PW

Haller does seem to be straying a bit from the legal issue at hand.

https://twitter.com/Jobsboils/status/1336361142273396739

Judge Humetewa being very patient and lenient allowing Haller to "rebut" defendants' oral argument about why this case should be dismissed. --PW

REMINDER: Earlier this a.m., @SecretaryHobbs Begins Recovering Taxpayers' Funds From @AZGOP For Defending @realDonaldTrump Election Challenges;

Gloves Come Off

(READ: Application)

bit.ly/AZlaw1124

Haller wraps up, Judge Humetewa realizes she should have allowed Defendants to go 1st. Nelson declines unless she has questions.

"I will do my level best to issue an order shortly....I ask for your patience as I weed through these (very important) issues."
--PW

Nelson asks Judge Humetewa to postpone any possible hearing on plaintiffs' request for a preliminary injunction until after she rules on these dismissal motions

Humetewa: Decision "no later than tomorrow afternoon, hopefully."
--PW

HEARING ADJOURNED.

(Sure, Judge Humetewa could have verbally granted the dismissal, and then issued her written reasoning tomorrow. But, keeps us all wondering.)
--PW

Today IS "Safe Harbor Day". It would not be surprising to see litigation down the road seeking a declaratory judgment that this Arizona Kraken case was not an election contest and therefore not subject to the Safe Harbor provision. --PW

The purpose might be to head off public statements from @kelliwardaz / @RepGosar / @RepAndyBiggsAZ / etc that they would challenge Arizona's electors in Congress. --PW

cc: @rickhasen @marceelias @SecretaryHobbs #ElectionTwitter

REMINDER: We are expecting a decision today from the Arizona Supreme Court on the actual Election Contest (also brought by @kelliwardaz / @AZGOP). --PW

bit.ly/AZlaw1123

From an election law colleague:

https://twitter.com/modernista64/status/1336365880150695936

I don't usually unroll my own. However, in this case, o' great @threadreaderapp, please help!

We'll be adding any extra info, pleadings, etc here: bit.ly/AZlaw1125