A hearing is starting soon in Sidney Powell's Arizona election challenge. State/county officials are moving to dismiss, raising many of the same args that Powell lost on yesterday in her GA and MI cases. Here's a summary + public dial-info if you'd like to listen along
Sidney Powell will not be arguing today in Arizona — Julia Haller, a member of Powell's team representing the plaintiffs, will be handling that today
Judge Diane Humetewa is handling this case. She's focusing so far on what to do about a state court ruling yesterday tossing similar claims in an election challenge filed by AZ GOP chair Kelli Ward — who is also a plaintiff in the federal case (see: scribd.com/document/48736…)
(Deleted prev. version of that last tweet that misspelled the judge's name)
Humetawa points out an example of overlap between the two cases, re: allegations that observers were denied meaningful access to watch ballot processing: "It’s based on the same sort of argument and evidence, isn't it? How can it be any different?"
Humetewa asks Haller to address the fact that other federal courts in other cases have found there's no relief available because the results were certified (re: GA/MI): "Why shouldn’t this court follow those courts who have already spoken on the issue? What makes this different?"
Haller argues they moved as quickly as they could to collect evidence post-election, and filed the case two days after certification. She doesn't directly engage with Humetewa's question, broadly saying the evidence supports the fraud claims + they disagree with the other judges
Haller keeps trying to go back to summarizing the affidavits/evidence she says they have to prove fraud if they can get to the merits. Humetewa lets her talk for a little while but eventually cuts her off, saying she's read the affidavits. Over to Justin Nelson now for AZ defs
Back to AZ: Nelson quotes from previous rulings rejecting Sidney Powell's election challenges, argues these claims belong in state court as an election contest under AZ law
Humetewa says she's aiming to issue a decision on the motions to dismiss Sidney Powell's AZ case by tomorrow afternoon. Nelson asks to postpone an evidentiary hearing set for Thurs, judge says she's leaving it on the calendar for now (whether that happens depends on the ruling)

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More from @ZoeTillman

10 Dec
Overnight action: A federal judge in Wisconsin dismissed Sidney Powell's election challenge.

"Federal judges do not appoint the president in this country. One wonders why the plaintiffs came to federal court and asked a federal judge to do so."
scribd.com/document/48764… Image
Ruling came a few hours after a federal judge in Arizona reached the same conclusion (which was the same conclusion that every judge to consider Powell's cases has reached to date) -->
A hearing is about to start in the Trump campaign's election challenge in federal court in Wisconsin (this is separate from Sidney Powell's WI case, which was dismissed last night). The court has made an audio stream available here: youtube.com/channel/UCNFX-…
Read 9 tweets
10 Dec
New: A federal judge has dismissed Sidney Powell's election challenge in Arizona
scribd.com/document/48756…

"...the Complaint’s allegations are sorely wanting of relevant or reliable evidence, and Plaintiffs’ invocation of this Court’s limited jurisdiction is severely strained." Image
Powell's Arizona federal election failed for many of the same reasons judges elsewhere have rejected her cases:
- no standing to sue
- claims should be in state court
- state officials immune per 11th Amend.
- laches (unreasonable delay in filing)
- moot (already certified)
The judge was extremely unimpressed by Powell's evidence:

"The allegations they put forth to support their claims of fraud fail in their particularity and plausibility. Plaintiffs append over three hundred pages of attachments, which are only impressive for their volume." Image
Read 7 tweets
8 Dec
End of an era: Judge Emmet Sullivan has dismissed the criminal case against Michael Flynn as moot given his presidential pardon scribd.com/document/48738…

Previously: buzzfeednews.com/article/zoetil… Image
Michael Flynn's criminal case is officially over, but Judge Sullivan makes very clear that a presidential pardon does not mean that Flynn is innocent of the crime he pleaded guilty to twice Image
As for DOJ's pre-pardon effort to drop the Flynn prosecution, Sullivan writes that it was a "close question" and that he was "troubled by the apparently pretextual nature of certain aspects of the government’s ever-evolving justifications" Image
Read 5 tweets
8 Dec
Today marks the federal safe harbor deadline for states to certify election results. On what that means for Trump and his supporters' legal challenges: 
buzzfeednews.com/article/zoetil…

Meanwhile, we have a FLURRY of notable court activity to kick of the day. Yes, a thread:
Texas has moved to sue GA, MI, WI, and PA *in the US Supreme Court*. It's asking SCOTUS to let legislatures decide who won — an extraordinarily extreme ask rooted in baseless voter fraud conspiracies that numerous judges have repeatedly rejected texasattorneygeneral.gov/sites/default/…
A dispute between states presents the rare situation where SCOTUS can have original jurisdiction to take up a case. The court doesn't have to hear any given case though — note that Paxton's filing is a motion to file the complaint. SCOTUS will rule on that first.
Read 11 tweets
7 Dec
New: Another loss for Sidney Powell, this time in Michigan.

The loss is multifaceted:
- state officials immune
- case is moot
- laches (waited too long to sue)
- abstention b/c of state court litigation
- no standing
- unlikely to succeed on the merits
assets.documentcloud.org/documents/7334…
Judge Linda Parker: "Plaintiffs ask this Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This, the Court cannot, and will not, do. The People have spoken."
Parker dings Powell for including the words "due process" in pleadings but not backing it up with substantive argument — Powell's gotten in trouble for this before, recall in WI the judge noted she used the words "emergency" and "expedited" but didn't actually ask for that
Read 23 tweets
5 Dec
New: Another GOP election challenge loss — 11th Circuit rejected L. Lin Wood's effort to stop Georgia from certifying. The 3-0 opinion, written by Judge Bill Pryor, agreed with the district judge that Wood lacked standing, and concluded it was moot assets.documentcloud.org/documents/7334…
Pryor: "The Constitution makes clear that federal courts are courts of limited jurisdiction, U.S. Const. art. III; we may not entertain post-election contests about garden-variety issues of vote counting and misconduct that may properly be filed in state courts."
"Wood’s arguments reflect a basic misunderstanding of what mootness is. He argues that the certification does not moot anything “because this litigation is ongoing” and he remains injured. But mootness concerns the availability of relief, not the existence of a lawsuit..."
Read 7 tweets

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