Thread by @AndrewFeinberg

HAPPENING NOW: Sidney Powell, Lin Wood, and other "Kraken" lawyers are now in a Michigan virtual courtroom for a hearing on whether they should be sanctioned.

District Judge Parker has called the hearing to provide Kraken lawyers an opportunity to answer questions she deems relevant on whether she should sanction them. She is making clear that she has read all the briefs, does not want lawyers re-arguing what they've written.

"I have questions I want to give you the opportunity to answer," Judge Parker says.

One of the Kraken lawyers' lawyers (meta-Kraken lawyers?) has objected to the court issuing an order to show cause under Rule 11(b) of the Federal Rules of Civil Procedure. One of them is now saying his client (one of the lawyers' who signed a complaint) was not properly served.

Sidney Powell appears to have disappeared from the virtual courtroom.

Judge Parker's first question: "Who wrote the [Kraken] complaint?"

Meta-Kraken lawyer: "If you're looking for the principal author, it would be Howard Kleinhendler. If you're looking for the lawyer who worked closest with him it's Sidney Powell."

Lin Wood says he played no role in drafting of Kraken complaint.

Next question: What gives the Court the authority to decertify an election or grant any of the others things the Kraken lawyers wanted?

Meta-Kraken lawyer: The Constitution, Bush v. Gore, Electors Clause, 12th Amendment, etc.

Judge: What specific authority lets a court decertify an election?

Meta-Kraken (Donald Campbell): Bush v. Gore (which did not involve decertifying an election)

Lawyer for Detroit: "This was from the beginning to the end and attempt to get a message out that was extra judicial...we could not find a basis in law for what they were trying to."

Heather Meingast (State of Michigan) points out that Bush v. Gore has nothing to do with decertifying elections.

Campbell now referencing eyewitness statements to defend the "ask" of decertifying the election. Judge Parker cuts him off — "I'm going to get into that."

Judge Parker and Campbell now having an exchange on why the Kraken plaintiffs didn't use the state's election recount procedures.

Campbell using the Texas v. Pennsylvania litigation to justify it, but concedes that if plaintiffs "misjudged the timing" it's not sanctionable.

Kraken complaint drafter Kleinhendler says the court has "inherent equitable authority" if there was fraud. Judge asks for a specific citation, the only case he can cite is over 100 years old.

Judge: "Why did the plaintiffs wait for almost three weeks after the election to assert challenges regarding voting machines and election procedures, some of which plaintiffs themselves claim were well known for our before the November 30 election?"

Campbell: "It wasn't known that the election was going to go as the election did until the election night — in fact it's the day after the election, because people went to bed on election night there was one result anticipated and another came out at least in Michigan."

Fink (Detroit): "The suggestion that people couldn't work long hours and put something out quickly, is absolutely insulting to the court, and to all of the parties...nsive, what they filed in the first complaint in this case was an embarrassment to the legal profession. "

Judge says she'll give everyone a chance to speak before the end, but parties don't have to jump in every time. Kleinhendler jumps right back in and is now talking about how there was reason to be concerned about voting machines because tabulating took time.

Kleinhendler now saying "it took time" to put together the affidavits from Russell Ramsland, "Spider," and others.

"We chose to file a complaint, supported by 960 pages, Your Honor, of document affidavits, many of which were original to this proceeding."

Kleinhendler says the point was to "slow the locomotive train" down.

He's now blaming the sloppy complaint formatting on document conversion.

Judge now annoyed: "I've heard enough."

Answering a question about mootness, meta-Kraken now says the case wasn't moot after the electoral college vote because some of the fake Republican electors who met to cast a fake electoral vote ballot thought they were the real electors.

Meingast (State of Michigan): "This whole idea or notion that somehow that was untrue or their case was revitalized, because some of the plaintiffs who were awarded the Republican Party electors took a vote outside the capitol electing themselves electors is preposterous."

Meingast: "I'm flabbergasted by this idea that somehow their case was newly invigorated on the 14th, and that they, this is not simply something beat up here to avoid the claims that we've, we've put forth."

Judge Parker is also skeptical of the idea that self-elected fake electors would have a legitimate claim: "Um, wow, explain to me how you think that electing themselves as electors changed anything."

Campbell now flat-out telling judge: "I don't believe you have jurisdiction."

Judge Parker is not impressed, has to cut him off and tell him to stop talking.

Fink (Detroit) now visibly angry at Campbell's suggestion that parties who asked for sanctions had a financial interest in doing so.

Fink now explaining how Kraken lawyers kept the case going long after Congress had certified President Biden's victory, rendering it moot.

He's now citing Sidney Powell's telegram message from 2/17 in which she claimed the dismissed case was still going.

Kleinhelder now says *all 12* of Michigan's fake GOP electors believed they were real electors.

Judge Parker now moving on to the Kraken affidavits. Now we're getting serious. She says her questions "are structured to determine whether plaintiffs and or counsel for plaintiffs should be sanctioned under Rule 11 for failure to make a reasonable inquiry into fact or law...

... knowingly asserting a groundless position or asserting a claim for an improper purpose."

"Do you believe that our lawyer has a legal obligation to review the plausibility of the facts, alleged in the pleading before signing and filing it?"

Meta-Kraken Campbell: "Yes."

"Who read Russell Ramsland's declaration?"

Kleinhendler: "I read it, your honor."

He says he doesn't know if Powell read it. Judge is now polling the other Kraken lawyers.

Johnson, Rohl, Hagerstrom say they read it. Lin Wood says he didn't read anything, including complaints.

Judge asks Wood if he gave permission to add his name to the Michigan Kraken lawsuit, he says he didn't give specific permission but offered help to Powell if she needed a trial lawyer.

Judge: "You gave her permission."

Wood again says he didn't know his name would be on it.

Wood: "I don't I didn't have any involvement in this filing so I did not read it before was filed."

Judge: "you gave general permission to Ms Powell, to use your name on any pleading that what — finish that sentence or restate it if I'm wrong. "

Wood: "I didn't give permission for my name specifically to be on any pleading."

Not looking good for Sidney Powell.

Fink (Detroit) points out that Wood just said he found out about sanctions through a newspaper article, but he was served properly through mail. Calls Wood's claim "blatantly false," points out that Wood told a Delaware court he was involved.

Fink notes that Wood had a chance to back out but didn't even though he had plenty of notice.

Judge lets Wood respond to Fink. Wood now claiming AGAIN that he never received notice that he was subject to possible sanctions in this case.

Judge asks Wood why he never told the court that he never gave permission for his name to be used, says he never asked for pro hac vice admission.

Judge: We don't have pro hac vice in Michigan.

Oh man, now the COURT REPORTER is jumping in to tell lawyers to shut up and stop interrupting each other.

Fink is now, in great detail, explaining why everything Wood said is BS.

Judge Parker now asking Powell if she told Wood his name would be on the Kraken complaint.

Powell: "I can't imagine that I would have put his name on any pleading without understanding that he'd given me permission to do that."

She adds that a "misunderstanding" was possible.

Judge Parker now asking about the "experts" (Ramsland, "Spider," etc).

"Who spoke to these experts before submitting their reports as evidence?"

She asks for a show of hands for who spoke to Meritt (Spider) before filing his affidavit. Kleinhendler says he did.

Holy crap. Kleinhendler tells the judge that there are "certain things [he] cannot disclose in public about his sources, about his qualifications" because he "has worked as an undercover confidential informant from multiple federal states, law enforcement & intelligence services"

I can't show screenshots of this hearing but Judge Parker's face speaks volumes right now.

Judge Parker asks if Kleinhendler ever notified the court of "Spider" having a history as a federal CI before today. He says he "didn't have time".

Judge Parker now asking who talked to Matt Braynard (another "expert") and William Briggs. One of the Kraken lawyers (Julia Haller) says she talked to Briggs and "everything" about his report is "documented"

Parker now asking who talked to 8Chan's Ron Watkins, Haller says she communicated with him about his sources and the basis for his "conclusions".

Kleinhendler says he spoke with Russell Ramsland "often" and reviewed drafts of his "report," asked him about his sources, methods, etc.

" I spoke with him, and I was comfortable, Your Honor, that what we were putting before the court was true and correct." —Kleinhendler on Ramsland.

Powell also says she spoke with Ramsland "a number of times" but can't recall if it was before his affidavit was filed with the court.

Fink (Detroit) now talking, says he wants to "respond to something quite disturbing" about what Kleinhendler said about Merritt/"Spider."

Fink notes that the Washington Post reported on 12/11 that Merritt was not a military intelligence expert and had disavowed his involvement in the case.

"if that didn't put Council on some kind of inquiry notice, so they should have exercised some due diligence at that part and advise the court that they had apparently, unintentionally...made a major misrepresentation to the court. I don't know what could have put them on notice"

Fink starts to talk about Ramsland and Antrim County, Michigan. Judge cuts him off, says she'll get to that later.

FFS. Kleinhendler says Merritt/Spider is prepared to tell the Court about his qualifications/findings, but ONLY in a closed session.

Judge Parker has more questions.

"Why was Merritt's affidavit filed under a pseudonym?"

Kleinhändler cites Merritt's affidavit in motion to seal, claiming he had worked with foreign governments and was a terrorist target.

Q: Whose decision was it to identify Merritt as a former military intelligence expert?

Kleinhendler: It was Merritt's decision to do that.

Judge Parker now asking Powell if anyone ever suggested that Merritt was not a Military Intelligence expert.

Powell says no.

Parker asks Kraken lawyers and meta-Kraken if attorneys should be sanctioned for not withdrawing or correcting allegations that the attorneys later found to be untrue.

Meta-Kraken Campbell says there's no reason for sanctions because the court never ruled on merits.

Kleinhendler again says Merritt drafted his own affidavit. Haller now offering again to let him testify in an evidentiary hearing on a Daubert motion (on whether his expertise is legitimate).

Parker asks again about Matthew Braynard, who talked to him, reviewed his affidavit. Haller says she talked to him.

Wow. Judge Parker asks about the survey Baynard conducted for William Briggs. Haller interrupting Judge Parker to repeatedly point out that he's "DOCTOR William M Briggs, PhD"

Fink on Briggs: "the slightest bit of due diligence, knowledgeable in the way the election proceeded would have revealed that the report was founded on based on not just bad statistical analysis but bad legal analysis."

Fink points out that Briggs' report repeatedly referred to things that Michigan doesn't have, e.g. "indefinitely confined" status, "early voting," the state mailing out absentee ballots, etc.

Fink now eviscerating Briggs' claim that it was fraud for a ballot to be issued on the same day that it was applied for (e.g. in clerk's office).

"you fill out the application the clerk gives you the ballot, you fill out your ballot you hand in it. It all happens in one day."

Haller: "May I respond, your honor?"

Judge: "No, not yet."

Haller is again apparently arguing that Judge Parker needs to hold evidentiary hearings.

Parker: "Let me point out to you that I see a distinction between what you're saying and what Mr. Fink is saying."

Judge says he's talking about stuff that would be "obvious" to Krakens

Judge Parker now asking about the incoherent numbers in Ramsland's affidavit. Kleinhendler says he asked him if he was sure, etc.

Whoa. Discussing Antrim County, Kleinhendler tells Judge Parker that she's "hearing a lot of factual representations" from Fink, asks her to "double check the record."

Judge Parker: " I don't need that cautionary instruction from you."

Oy. Haller now interrupting Fink to argue about the meaning of "hand counted" versus a "hand count."

Meta-Kraken Campbell now jumping in to talk about an evidentiary hearing again, Judge Parker is now telling everyone to shut up once more.

Judge is now saying that the court will take notice of the fact that Ramsland would have had official results available to him before he wrote his report.

She again asks if lawyers should be sanctioned for failing to correct or withdraw allegations they come to know is untrue.

Campbell again says no because lawyers don't have statistical background, asks again for evidentiary hearing.

Fink (Detroit) says Ramsland could have taken "30 seconds on the internet" to find out the turnout levels in Detroit. Powell starts to interrupt. Judge Parker, now shouting, tells her to let Fink finish.

Fink now citing ex-President Trump's use of Ramsland's fake Detroit turnout data to allegedly extort @GaSecofState Raffensperger.

"These are the consequences...the slightest bit of due diligence would have alerted the lawyers that they were in the position of making misrepresentations, to the court and to the world."

Judge Parker is now moving on to Kraken "vote dilution" claims.

"The court is concerned that...affidavits were submitted in bad faith."

Parker now asking about an affidavit which claims "tens of thousands" of new ballots for Biden were brought to the counting room even though the affiant never saw them

None of the Krakens seem to know much about it.

Judge asks if it's appropriate to put such a claim re: "tens of thousands" into an affidavit without evidence.

Campbell says it would be enough for a jury.

Judge asks AGAIN who drafted the affidavit.

Kleinhendler says they were drafted by lawyers in another case. Judge Parker is unimpressed.

Judge: "You didn't feel that you needed to read it?"

Kleinhendler: "Your Honor...what standard are you using here?"

Judge: "I'm looking at the standards that are set forth in the variety of options I have to impose sanctions!"

Haller, one of the Kraken lawyers, is crying.

Judge Parker has called a 20-minute recess.

Lin Wood has popped back into the zoom courtroom. He is currently the only person visible.

Follow along with Kraken hearing Part II here.

https://twitter.com/AndrewFeinberg/status/1414612188707364868?s=20