Thread by @jellen805

#AZAudit they're getting ready to go.

https://twitter.com/jellen805/status/1387426481555460106

Interesting: New Lawyer for the DNC and new Lawyer for Cyber Ninjas are participating today. 1st Amendment Coalition (Perkins Coie)has added a new Lawyer as well. Amicus (We The People Arizona Alliance) checks in.

Judge Martin is on the bench, here we go. Judge is confirming all participants. Cyber Ninjas are filing to change attorneys, have requested an emergency motion to continue as they are unprepared. Judge allows the change, but denies the motion to continue...

Given that the new reps for CN say they can't make the argument today. Motion for ex parte discussion denied. Motion to remove prior counsel granted. Motion for substitution granted. Emergency continuance denied. Judge "you'll have to do the best you can" to CN attorneys.🙄

Langhofer up first, representing AZ Senate arguing their absolute immunity in the audit process.

New DNC Lawyer Gaona, up to make arguments about how CN must disclose policy/procedures, it should all be public record, right of public access to them. DNC also argues legislative immunity for AZ Senate doesn't apply here, that AZ speech/debate clause is narrowly defined.

DNC's argument: You have to show us everything and every Senator's butt's on the line for this. (editorial comment)

Barr is up now, arguing against CN request for seal of documents. "They make broad allegations and circular argument and no facts."

Bender argues the election procedures manual and the fact that there are 24/7 cameras make CN's request to seal moot. If the purpose of the audit is to restore the public's confidence, these security procedures should be shared with the public, is his argument.

Wolff is up for CN. He states they are not prepared to make an argument at this time.
Judge recesses briefly/ 5 minutes...

(still on break) I'll never know after all this time doing these remote how people aren't smart enough to MUTE themselves. We've got a heavy breather on the line right now. #smh

Judge is back on record. Ruling: Motion to seal. Court disagrees with Senate that CN is covered by their immunity. While court agrees speech/debate cause may extend to vendors, this doesn't meet the standards needed in this case.

In Courts' judgement defendants have not reached standard needed to waive rights. CN has failed to show overriding need exists. Motion to file under seal denied, and portions of hearings addressing this also denied. Court realizes appeal/special action possible.

Court issues a stay until tomorrow at noon pending outcome of an appeal. If no appeal, the documents will be filed.

TRO: Courts decision TRO should NOT issue.
Committed to resolving this dispute quickly, shy of an injunction.

DNC is arguing differing understanding of the Court's reasoning via other cases, making a record. Blue pens *drink* Reporters inside the building (they propped open the door, no ballots were on the floor)

DNC argues without the CN docs, we can't provide evidence of how their procedures are wrong. This is why we need a stay, so we can review the documents and have an evidentiary hearing after doing so, as to whether security measures are sufficient for the audit.

Bender (reps SoS Hobbs) restates part of the elections manual. Argues that SoS Hobbs and others should be able to inspect and observe inside the audit. Moves for an exception to allow designation of experts to observe and inform court as witnesses.

Langhofer (AZ Senate) regarding TRO states there were 5 elements needed to enforce it, and states DNC didn't meet any of them. 0 damages to voters have happened, explaining ballots have no voter identification on them. "You couldn't expose someone's vote if you wanted to"

Even if all of the ballots were damaged, or if all of them were marked for someone else? All of the votes have been counted. There is no injury to be found.

On the observation question: The DNC have repeatedly been invited to participate, and they've refused. They're welcome to observe.

Wolff: Nothing your Honor, Thank you.

Bendor's request for observation: Ordered to reach agreement by 5pm, or if unable to do so file with the court by tomorrow, we'll have a phone conference on it.

Order denying TRO. /Adjourned