Kraken lawyer, Howard Kleinhendler, wants a decision in WI by tomorrow so he can get to the Supreme Court.
Judge Pepper sets out a schedule.
She wants more papers from both sides by tomorrow afternoon.
She's going to try to render a decision as quickly as she can thereafter.
Hearing adjourned. Out.
KRAKEN update: We could get decisions in the two remaining Sidney Powell conspiracy cases--in Phoenix and Milwaukee--by Wednesday afternoon.
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NEW: A third Kraken falls.
Arizona federal judge dismisses Sidney Powell's election conspiracy suit in Phoenix.
Judge Diane Humetewa writes that Powell had made an extraordinary request: to disenfranchise millions of Arizonans.
It should have been "accompanied by clear & conclusive facts." Instead it was "sorely wanting of relevant or reliable evidence."
This is the same judicial smackdown that Powell's other suits have received in Michigan & Georgia. Judge Humetewa dismissed on standing, 11th amendment sovereign immunity, untimeliness, mootness, failure to state a claim and...
Good morning.
At 11:15 am EST there will be a hearing in federal court in Phoenix on a motion to dismiss Sidney Powell's 3rd "kraken" conspiracy lawsuit. Yesterday a judge denied her TRO in Michigan & another judge killed her suit in Atlanta.
Here's a kraken update...
Today's hearing will cover threshold legal issues to see if the Arizona kraken can survive dismissal.
Do the plaintiffs, GOP elector candidates, have standing?
Is the suit timely?
Is it moot since AZ has certified its vote?
Can state officials be sued for official acts?
Those questions have already gone against Powell in MI and GA. She'll try again in AZ though and then at some point in Wisconsin too.
SCOOP: Chris Krebs, the former head of the US cybersecurity agency, has filed a lawsuit against the Trump lawyer Joe DiGenova accusing him, the Trump campaign & the TV outlet Newsmax of a "pernicious conspiracy" to harm GOPers who stood up to POTUS' claims of election fraud.
Last month, after Krebs appeared on "60 Minutes" disputing claims of election fraud, DiGenova threatened him on Newsmax saying he should be "taken out at dawn and shot."
Krebs is suing for defamation and infliction of emotional distress.
Story soon.
In his suit, Krebs notes that he received so many threats by tweet, email, even text after DiGenova's remarks he and his family had to leave their home temporarily.
“Daddy’s going to get executed?” the suit quotes Mr. Krebs’s 10-year-old child asking him. nytimes.com/live/2020/12/0…
NEW: From the Department of Last Ditch Efforts comes this new appeal to the Michigan Supreme Court by Trump campaign of a lawsuit it has already lost at two levels of state courts.
This one questions the validity of absentee ballots in Wayne County. It's been ruled moot twice.
In Arizona, meanwhile, the state defendants in Sidney Powell's "kraken" conspiracy case have filed a motion to exclude testimony from her "experts" at a hearing later this week (which may or may not even be held if the case is dismissed first.)
Key phrase: "wildly unqualified."
NEW: GOP has just come back to Pennsylvania now with yet another lawsuit--this one seeking an order forcing the governor to withdraw certification of the state's voting results.
Good morning.
At 10 am there will be a hearing in Atlanta for Sidney Powell’s “kraken” conspiracy lawsuit to overturn the Georgia elections. Just this morning, a judge in Michigan tossed a similar effort to overturn that state’s results.
Here’s a quick primer on the GA case.
In Powell’s latest filing she says the vote in GA was “infected with fraud” on “multiple dimensions”: absentee ballots illegally counted, nonresidents voted, data shows “anomalous” number of votes to Biden. She also claims Dominion voting machines were hacked by foreign powers.
As proof she offers the now-discredited video of the vote count in State Farm Arena & several “reports” by “experts”—including a former military intel officer codenamed Spider--who use "statistical analysis" to prove that Biden could not have gotten as many votes as he did.
NEW: The first Kraken falls.
In an early ruling Judge Linda Parker in Detroit denies Sidney Powell's emergency motion to overturn Michigan election.
"The right to vote is among the most sacred rights of our democracy and, in turn, uniquely defines us as Americans." she writes.
This was the first judicial ruling on Powell's 4 "kraken" conspiracy cases around the country.
Judge Parker's reasoning was comprehensive, including that the suit was moot after Michigan certified its vote last month.
"This ship has sailed."
Judge Parker also found Powell's claims untimely.
"They waited too long to knock on the court's door."