Thread by @arizonaslaw

LIVE TWEETING, 11am COURT HEARING On Maricopa County Election Audit/Recount.

TUNE IN here for play-by-play and commentary from the @ArizonasLaw, @tomryanlaw and @ThePolitiKat.

MORE court filings and updates: bit.ly/AZlaw1184

While we're waiting, I'm happy to announce that we were able to help convince the Superior Court to treat this as a "high profile" case. That means the court filings will be publicly available much more quickly and online.
--PW

Roopali Desai for the Plaintiffs' is now on line. Just waiting for the Kolodin Klown Kar show to roll up for the defense. -The "I" TR

The hearing has not yet started, but Alexander Kolodin for the Cyber Ninjas just indicated to the Judicial Assistant that he has made “under seal” filings. This will likely become an issue in today’s hearing. --PW

Also, we will have the 1st Amendment Coalition joining in today in an effort to compel the Cyber Ninjas to cough up their supposed policies and procedures for conducting this election fiasco. - The "I"TR

The hearing will get underway a bit late, mainly because there are a lot of attorneys still trying to get into the main hearing “room”. --PW

And for those who want to go see what is happening down at the Madhouse on McDowell, you can spend $40 and enjoy unlimited rides at the Crazy Carnival. I ain't making this up... The "I"TR
azfamily.com/lifestyle/thin…

You’re not missing anything. Hearing not yet started. Waiting for Langhofer to be taken out of lobby. (Actually, he's in the wrong "lobby"!) --PW

The suspense is killing me! C'mon! Let's get this party started! Let's light this firecracker! - The "I"TR

FYI, there are several aspects of now-recused Judge Coury’s Order from Friday. It was not only the $1M bond for a “pause”. --PW

The suspense is killing me! C'mon! Let's get this party started! Let's light this firecracker! - The "I"TR

Yes, but did he comply with Rule 5.4 ARCP??? Hmmm? You can't just file crap under seal. Have to apply for an order first. - The "I"TR

The attorneys can now hear each other, but Judge Martin can't hear any of them! --PW

(I've often felt that way at court! 🤣)

Yes, but did he comply with Rule 5.4 ARCP??? Hmmm? You can't just file crap under seal. Have to apply for an order first. - The "I"TR

Audio troubles continue, and now we’ve got one nasty feedback loop! PLEASE STAND BY --PW

The Libertarian Party has filed to jump into this fray as an amicus. I think they are concerned about the political party affiliations of the counters and observers. --PW

And, we're starting, 11:22 --PW

And for those who want to go see what is happening down at the Madhouse on McDowell, you can spend $40 and enjoy unlimited rides at the Crazy Carnival. I ain't making this up... The "I"TR
azfamily.com/lifestyle/thin…

Finally taking appearance. --PW

It’s been pointed out that atty Dan Barr (for First Amendment Coalition) has embraced the Zoom casualness!--PW

In addition to the attorneys for the main parties, we have Joe LaRue for Maricopa County, Dan Barr, Staci Burk (pro se), Bo Dul/Josh Bendor for Secretary of State, and (maybe) Michael Kielsky for the Libertarian Party.--PW

Judge Martin starting with some basic principles:
1) Laches does NOT apply.

https://twitter.com/garrett_archer/status/1387112236724801536

Judge Martin now starting with First Amendnent Coalition's effort to keep Cyber Ninjas from filing under seal. Asks Kolodin. --PW

Kolodin defends under seal filings. Part of his argument is that the State Senate has not allowed them to waive secrecy.--PW

Judge Martin trying to decide first whether to allow the First Amendment Coalition to intervene in the case. Barr explaining why "justice be presented in an open fashion", there likely aren't "trade secrets."

Judge allows them to intervene.
--PW

Judge Martin now considering whether @SecretaryHobbs should be permitted to intervene. He's probably pre-decided this, too. --PW

Intervention of Hobbs permitted.

Now considering whether Cyber Ninjas can file under seal.

Judge Martin preliminarily wants full briefing on this, and maybe some testimony.
--PW

Sheesh, the Kolodin Klown Kar completely misses the Judge's question "Do you wish to be heard" and launches into a weird expose on the Senate's right to a confidentiality privilege.

As one of the involved attys just noted (privately), this hearing is much fuller - and, lengthier - than what the judge had earlier suggested.

No sooner did I type that then Judge Martin said he will NOT hear full arguments on "under seal" issue today.
--PW

Desai (for @AZDems) and Langhofer (for @fannkfann etc) both note that the Special Action review is already before the Arizona Supreme Court.
--PW

Sheesh, the Kolodin Klown Kar completely misses the Judge's question "Do you wish to be heard" and launches into a weird expose on the Senate's right to a confidentiality privilege. --TR

Judge Martin WILL set oral argument on Cyber Ninjas effort to file under seal. That will be TOMORROW at 10:30am (1 hour) --PW

Thanks, Garrett!

https://twitter.com/Garrett_Archer/status/1387115477294489600

Moving on to Staci Burks' Motion to Intervene.
Ms. Burks has her election challenge case in front of the U.S. Supreme Court. (Set to be declined in early May.)
--PW

The State Senate (Langhofer) doesn't favor Burks' intervention, in order to be consistent.

Kolodin tries to use the intervention issue to distinguish: Burks is about the 2020 election, Cyber Ninjas and the audit is not. Wait, wut?
--PW

Burks notes here SCOTUS Petition, and that she is trying to get the same ballots currently being recounted. (Not helping her case to intervene.) --PW

Ohhhhh, she's bringing the Kraken, and is accusing audit of "contaminating" HER sought ballots.

Burks now incorrectly states she has an Apr 30 hearing at SCOTUS.

--PW

Judge Martin "feels (her) passion", but DECLINES allowing Staci Burks to intervene.
--PW

Judge Martin now wants to get to that Friday Judge Coury TRO. Asks Desai (ADP). She asks for injunction.
--PW

Judge Coury's TRO was until Monday at noon, Judge Martin extended it to 6 minutes ago, Desai wants to extend it and formalize it (into a prelim injunction).
--PW

Langhofer for State Senate: "There are quite a few issues swirling around here." Including news articles (i.e. blue pens). (KL would NEVER have done that.😉) --PW

Langhofer: "We have no intention to not follow the law. The question is what laws apply." --PW

Judge permits Kolodin (Cyber Ninjas) to show the live feed from Veterans. --PW

Kolodin now talking about the people conducting, calls fmr AZSOS @BennettArizona probably the most qualified person on earth to lead this. --PW

Kolodin now lauding Cotton, Kern and Logan. Notes that Kern "passed out on the floor" because he is working so hard.

The Democrats "should not get a heckler's veto".
--PW

Kolodin again trying to term this "an investigation" on behalf of the State Senate client. No intent to violate any laws.

Judge Martin giving him a lot of rope here.
--PW

Kolodin wraps up 6 minute presentation. His intro to Bennett made it sound like there was no Elections Procedures Manual before Bennett. (Not true.) --PW

Bendor (@SecretaryHobbs) says no bond should be necessary. Judge Martin turns to Desai (@azdemparty) and says yeah, what about that? --PW

Well, well, well, Staci Burk didn't get to join the CyberNinja's circus. But good news for her, she can go to the Crazy Time Carnival and feel close to the whole process at the MadHouse on McDowell! -The "I" TR

The defendants just requested that the court basically ignore the TRO and ask the plaintiffs to just notify the audit coordinator when the audit ventures into illegal ground. -KC

Desai: "I don't believe this needs to be a long drawn-out process."

Strongly disputes that there has not been strong presentations about violations of the law.
--PW

The defendants just requested that the court basically ignore the TRO and ask the plaintiffs to just notify the audit coordinator when the audit ventures into illegal ground. -KC

Desai gives long list of answers they’ve requested: “Just today, Mr. Kolodin is acknowledging that people there are sleep-deprived. That does not inspire confidence.” --PW

Langhofer refutes and says no presentation of any voter that has had “their vote thrown away. Joe Biden is going to be the President at the end of this audit. Mark Kelly will be the Senator following this audit." ”-PW

Desai counters about the individual disenfranchised voters: the Dem Party “is getting inundated” with calls and concerns by voters. Justifies an injunction. --PW

Judge Martin: "I'm not yet persuaded" by Plaintiffs. We will resume tomorrow at 10:30.

Urges parties to get together and try to find some consensus.

Does not extend the TRO (that expired 29 minutes ago).
--PW

Kolodin smartly asks if the Judge is not granting State Senate legislative immunity, will he give Cyber Ninjas opportunity to present witnesses.

Judge Martin says "probably not", Kolodin says we could present evidence today.

The hearing is CONCLUDED! (1:09 length)
--PW

Thanks to the irrepressible @tomryanlaw - who actually was repressed by HIS court schedule.

And, thanks to triple threat @ThePolitiKat.

We'll see you tomorrow at 10:30, but be sure to check back for updates later today and in the morning. Here and at bit.ly/AZlaw1184

NUTSHELL:
1. There is no court order currently hanging over the audit. (Which doesn't mean they should go haywire, natch.)
2. Hearing tomorrow at 10:30 on whether to put an order back in place.
3. No change in media/public access. First Amdmt Coalition is now in case, but...

...for limited purpose of fighting Cyber Ninjas efforts to file their procedures under seal.
4. @SecretaryHobbs also in, Staci Burks out. (Libertarians want to file amicus brief.)
5. (you fill in what you feel belongs here)
--PW

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bit.ly/AZlaw1185