Miss the first two-and-half hours of the "Kraken" sanctions hearing? A breakdown:
"A Federal Judge Holds 'Kraken' Lawyers' Feet to the Fire at Sanctions Hearing. Lin Wood Tried to Distance Himself from It All."
More live coverage ahead, @lawcrimenews
lawandcrime.com/2020-election/…
"A Federal Judge Holds 'Kraken' Lawyers' Feet to the Fire at Sanctions Hearing. Lin Wood Tried to Distance Himself from It All."
More live coverage ahead, @lawcrimenews
lawandcrime.com/2020-election/…
Welcome back, all. Is everyone caffeinated and refreshed?
Judge: "As promised, we will begin with Mr. Wood."
Wood: "What I wanted to make clear is, as I said at the beginning," he does not believe the court has jurisdiction over him and that he did not sign the pleading.
"I do not have a slash-s signature line," Wood adds.
Wood: "What I wanted to make clear is, as I said at the beginning," he does not believe the court has jurisdiction over him and that he did not sign the pleading.
"I do not have a slash-s signature line," Wood adds.
Wood:
"I feel like I was lumped in with counsel to the plaintiffs."
He says he did not subject himself to Rule 11 sanctions.
"I feel like I'm entitled to due process for an evidentiary hearing" that would show he was not notified.
"I feel like I was lumped in with counsel to the plaintiffs."
He says he did not subject himself to Rule 11 sanctions.
"I feel like I'm entitled to due process for an evidentiary hearing" that would show he was not notified.
Judge Parker says she will "table" that issue at the end of the hearing.
She signals that she will allow Wood to file supplemental briefing.
"Thank you, your honor," Wood says.
"You're welcome, sir," Parker replies.
She signals that she will allow Wood to file supplemental briefing.
"Thank you, your honor," Wood says.
"You're welcome, sir," Parker replies.
Judge Parker turns to the Carone affidavit.
More on the SNL-spoofed witness Mellissa Carone. lawandcrime.com/high-profile/d…
More on the SNL-spoofed witness Mellissa Carone. lawandcrime.com/high-profile/d…
Parker: Who spoke to Ms. Carone, if anyone?
Stefanie L. Lambert says she did.
Kleinhendler claims to recall conversations with his expert about her, but he claims his memory is spotty.
Stefanie L. Lambert says she did.
Kleinhendler claims to recall conversations with his expert about her, but he claims his memory is spotty.
Fink on Carone:
The complaint explicitly references the Carone affidavit.
"She's not a trained election worker," Fink says. "She was a subcontractor doing some work."
She claimed that she saw ballots running through the machine eight times, a "patently absurd" argument.
The complaint explicitly references the Carone affidavit.
"She's not a trained election worker," Fink says. "She was a subcontractor doing some work."
She claimed that she saw ballots running through the machine eight times, a "patently absurd" argument.
The vote counts would be much larger in certain precincts if Carone were right, Fink notes.
He notes that Wayne County Circuit Court Judge Timothy Kenny found her claims weren't credible.
He notes that Wayne County Circuit Court Judge Timothy Kenny found her claims weren't credible.
Judge Parker moves onto the affidavit of Jessica Connarn, now displayed on the Zoom.
The one another judge—and Judge Parker—notes was triple-hearsay. lawandcrime.com/2020-election/…
The one another judge—and Judge Parker—notes was triple-hearsay. lawandcrime.com/2020-election/…
Kleinhendler denies that it was hearsay, and he claims to be "troubled" that Judge Parker believes it to be so.
"Oh really," Judge Parker says.
(Every judge who considered it found it to be hearsay, and it's pretty clearly hearsay.)
"Oh really," Judge Parker says.
(Every judge who considered it found it to be hearsay, and it's pretty clearly hearsay.)
As summarized by the first judge who heard it, the Connarn affidavit asserts: "I heard someone else say something."
The first judge who received it scoffed: "Come on, now!" lawandcrime.com/2020-election/…
The first judge who received it scoffed: "Come on, now!" lawandcrime.com/2020-election/…
It is difficult to say which hearing has been going worse for Kleinhendler so far, this one or the MLB case.
But the possible consequences for this one are currently more serious.
ICYMI, his MLB case: lawandcrime.com/high-profile/f…
But the possible consequences for this one are currently more serious.
ICYMI, his MLB case: lawandcrime.com/high-profile/f…
Running theme of Haller's argument:
She wants to drag out an "evidentiary" hearing that presupposes there are factual disputes worthy of one.
She wants to drag out an "evidentiary" hearing that presupposes there are factual disputes worthy of one.
Haller:
"We're supposed to be talking about bad faith, and I am simply at a loss."
She says that she simply was providing her "sources."
Judge Parker says it seems like she's claiming that a sworn affidavit relieves counsel of any obligation to investigate further.
"We're supposed to be talking about bad faith, and I am simply at a loss."
She says that she simply was providing her "sources."
Judge Parker says it seems like she's claiming that a sworn affidavit relieves counsel of any obligation to investigate further.
Campbell, cutting off the presiding federal judge:
"I'm sorry judge, can I finish?"
"I'm sorry judge, can I finish?"
Judge Parker: "Mr. Fink."
Fink: This wasn't just any affidavit. This was an affidavit that was already questioned in another proceeding.
"What matters is, they didn't talk to her and create a new affidavit."
Haller tries to interrupt.
The judge isn't having it.
Fink: This wasn't just any affidavit. This was an affidavit that was already questioned in another proceeding.
"What matters is, they didn't talk to her and create a new affidavit."
Haller tries to interrupt.
The judge isn't having it.
Even if they spoke to her, Fink added, it was simply repeated in the affidavit without addressing the dispute.
Haller asks whether she spoke to the witness.
Parker says she doesn't know whether that's a relevant standard.
Fink says it's not about *his* due-diligence.
Haller asks whether she spoke to the witness.
Parker says she doesn't know whether that's a relevant standard.
Fink says it's not about *his* due-diligence.
Judge moves onto a new affidavit that claimed that the affiant "believed" vote-switching occurred:
The judge asks: Does an affiant's belief that something occurred constitute evidence that the thing itself actually occurred?
The judge asks: Does an affiant's belief that something occurred constitute evidence that the thing itself actually occurred?
Judge slams the lawyers for not performing "minimal vetting" on the complaint.
Campbell apparently condescends to the federal judge: "It's called an evidentiary hearing."
She replies that it's their team having to perform due diligence and vetting.
Campbell apparently condescends to the federal judge: "It's called an evidentiary hearing."
She replies that it's their team having to perform due diligence and vetting.
Judge: Did anyone inquire as to whether [the affiant who "believed" vote-switching happened] changed a vote?
No one responds.
Judge Parker notes that for the record.
No one responds.
Judge Parker notes that for the record.
Haller asks for an evidentiary hearing.
Judge Parker says she understands that, but she is asking about whether any lawyer performed their minimal duty to vet the affidavits.
Judge Parker says she understands that, but she is asking about whether any lawyer performed their minimal duty to vet the affidavits.
Judge Parker is systemically going through the affidavits asking about what vetting the lawyers did on them.
Running theme: Little-to-none.
They want an after-the-fact evidentiary hearing instead.
Running theme: Little-to-none.
They want an after-the-fact evidentiary hearing instead.
Fink: "People could not vote twice."
Double votes would have been flagged by the system, the lawyer adds.
"It's physically impossible," Fink emphasizes. "They are claiming things that could not happen in law and fact."
Double votes would have been flagged by the system, the lawyer adds.
"It's physically impossible," Fink emphasizes. "They are claiming things that could not happen in law and fact."
Testy exchange between Parker after Kraken's counsel claims to be "shocked" by something the judge said.
Judge Parker: "I would caution you not to question my procedure."
Campbell: "I am not a potted plant."
Fink: "I am concerned about the disrespect for the court."
Judge Parker: "I would caution you not to question my procedure."
Campbell: "I am not a potted plant."
Fink: "I am concerned about the disrespect for the court."
(I deleted and replaced the tweet above to correct a typo.)
Judge Parker turns to the affidavit of poll challenger Daniel Gustafson.
Haller notes that this was filed in the Constantino case.
The judge, again, reminds this is about their vetting of that affidavit in that case.
More on Constantino here: lawandcrime.com/2020-election/…
Haller notes that this was filed in the Constantino case.
The judge, again, reminds this is about their vetting of that affidavit in that case.
More on Constantino here: lawandcrime.com/2020-election/…
Fink notes that the Kraken lawyers "threw" the affidavits in there "hoping something would stick," without any vetting.
Judge: That's what these affidavits were supposed to do—to show that there was something wrong with this election. That there was something wrong in Michigan.
"What level of inquiry have you made?" she adds.
"What level of inquiry have you made?" she adds.
Judge Parker: "The basic premise of this lawsuit is that Michigan's election was fraudulent."
Kleinhendler: I reviewed some of these affidavits. People working with me reviewed every single one.
Kleinhendler: I reviewed some of these affidavits. People working with me reviewed every single one.
Kleinhendler: "We're not saying here that Michigan poll workers knew that they were doing something wrong."
He claims to be alleging the workers may have let something slip through.
He claims to be alleging the workers may have let something slip through.
Kleinhendler likens it to handing someone an open can of coke and saying, don't worry, I didn't drink it.
"Your analogy is not on point, sir," Parker replies.
Moving on, Kleinhendler says he rejects "wholeheartedly" that the lawsuit was a "publicity stunt."
"Your analogy is not on point, sir," Parker replies.
Moving on, Kleinhendler says he rejects "wholeheartedly" that the lawsuit was a "publicity stunt."
Just to emphasize:
Judge Parker appears to be going through each dodgy affidavit that the Kraken team submitted and setting a record for what, if any, vetting the legal team gave to them.
This is going to be a long haul.
Judge Parker appears to be going through each dodgy affidavit that the Kraken team submitted and setting a record for what, if any, vetting the legal team gave to them.
This is going to be a long haul.
Judge Parker tears into the lawyers on the latest dodgy "Kraken" affidavit:
"This is really fantastical."
"How could any of you as officers of the court submit this affidavit?"
"This is really fantastical."
"How could any of you as officers of the court submit this affidavit?"
Haller: "I submit your honor that this is not 'fantastical,'" but what he believed to be true.
Judge Parker is incredulous about her remark.
"This is pure speculation!" the judge exclaims.
Judge Parker is incredulous about her remark.
"This is pure speculation!" the judge exclaims.
Judge Parker asks Haller at what point do the lawyers have to say, "There is not enough here"?
Haller's monologue in response does not appear to answer that question.
Haller's monologue in response does not appear to answer that question.
Sidney Powell: We filed a massive and detailed complaint in federal court.
The only way to test the veracity of the affiants is through the "crucible" of a trial, which "you denied" at every turn, Powell says.
The only way to test the veracity of the affiants is through the "crucible" of a trial, which "you denied" at every turn, Powell says.
Detroit's lawyer David Fink skewers one affidavit as the "paranoid delusions of some witness that doesn't even get to a punchline."
"It does fuel the fires of the online conspirators and the conspiracy theories."
"It does fuel the fires of the online conspirators and the conspiracy theories."
Judge Parker notes attorney Stefanie Lambert claimed the support for the asserted 1A defense is "too numerous to mention and any attempt to string cite them here would be insulting to all involved."
Parker asks for the citation, promising she won't be insulted.
(Funny line)
Parker asks for the citation, promising she won't be insulted.
(Funny line)
Judge Parker moves to closing remarks and asks whether supplemental briefing is needed.
"We killed a lot of trees here," she notes.
"We killed a lot of trees here," she notes.
Kraken counsel Campbell delivers opening arguments first.
He goes straight to analogies with the Nazis, Hugo Chavez, and the Soviet Union, saying judicial review separates us from those systems.
(The vote was reviewed dozens of times, with challenges overwhemingly denied.)
He goes straight to analogies with the Nazis, Hugo Chavez, and the Soviet Union, saying judicial review separates us from those systems.
(The vote was reviewed dozens of times, with challenges overwhemingly denied.)
A bunch of attorneys are contesting notice.
Fink asks what they mean by that—is it that they didn't receive it, or that it wasn't adequate?
Flashback: When asked about it, Sidney Powell told me in December, cryptically: "We are over the target." lawandcrime.com/2020-election/…
Fink asks what they mean by that—is it that they didn't receive it, or that it wasn't adequate?
Flashback: When asked about it, Sidney Powell told me in December, cryptically: "We are over the target." lawandcrime.com/2020-election/…
DNC's lawyer Mary Ellen Gurewitz joins Detroit's request for sanctions, saying Mr. Fink "more than" made his case.
Fink:
Before I speak, there's one personal matter I want to address.
"I want to take a moment to honor the memory of my late partner Darryl Bressack," who died in January.
Before I speak, there's one personal matter I want to address.
"I want to take a moment to honor the memory of my late partner Darryl Bressack," who died in January.
This matter was close to Bressack's heart, and Fink says he wishes that he were here today.
Fink: "The plaintiffs have played a very strange game of passing the buck."
Judge interjects because that will come up in the supplemental briefing.
"I really want to be fair," the judge says, asking him to wrap up that aspect of his closing.
Judge interjects because that will come up in the supplemental briefing.
"I really want to be fair," the judge says, asking him to wrap up that aspect of his closing.
Fink:
"Today, your honor, we are all grateful that the court is holding this hearing because today is a very important day."
He notes that it's been more than six months since the "greatest constitutional crisis" since the Civil War.
"Today, your honor, we are all grateful that the court is holding this hearing because today is a very important day."
He notes that it's been more than six months since the "greatest constitutional crisis" since the Civil War.
"That insurrection can be directly, directly link to the lies" in this litigation.
Wood objects, calling it "defamatory," launching into an angry monologue that the judge shuts down.
Fink noted, mid-tirade, that he didn't mention Wood's name yet.
Wood objects, calling it "defamatory," launching into an angry monologue that the judge shuts down.
Fink noted, mid-tirade, that he didn't mention Wood's name yet.
The long-suffering court reporter notes that they've been going at it since 8:30 a.m. ET, and they've been talking over each other repeatedly since that time.
Fink:
These attorneys "wielded the weapons" to "abuse the processes" of this court in a "devastating way."
These attorneys "wielded the weapons" to "abuse the processes" of this court in a "devastating way."
Fink notes that they sought an order for Gov. Whitmer to declare Trump the winner of the election.
"We filed this motion on Jan. 5th, one day before the civil insurrection in Washington."
"We filed this motion on Jan. 5th, one day before the civil insurrection in Washington."
Fink: "One day later, that ominous prophesy came true."
The suit was a vehicle of the "Big Lie," Fink adds.
"Nobody can undo what happened that day, but because of the lies spread in this courtroom, not only did people die on that day."
People came to doubt our institutions.
The suit was a vehicle of the "Big Lie," Fink adds.
"Nobody can undo what happened that day, but because of the lies spread in this courtroom, not only did people die on that day."
People came to doubt our institutions.
Fink asks to send the message that people are "not free to use our court to tell lies."
David Fink on the Kraken lawyers: "These lawyers should be punished for our behavior."
David Fink: These attorneys should not be allowed ever again to appear in a court in our jurisdiction, or any other.
The "most important" relief he seeks is referring the lawyers for disbarment proceedings.
The "most important" relief he seeks is referring the lawyers for disbarment proceedings.
for *their behavior
Heather S. Meingast is now up:
Meingast's brief remarks supported Fink's statements and sought relief.
Sidney Powell claims that these proceedings give the U.S. public a lack of confidence in elections and the judiciary.
"Thank you for those remarks," the federal judge replies.
Hearing adjourned.
"Thank you for those remarks," the federal judge replies.
Hearing adjourned.
Powell's recriminations cap up a running theme in the Kraken teams' arguments, seemingly more calibrated for the "Big Lie" believers among their followers than toward the judge with the power to set in motion their possible disbarment.
Note:
The relief requested by Detroit is for the judge's referral to the chief judge of the district for disciplinary proceedings for their possible disbarment.
Michigan separately filed bar complaints with the relevant state bars.
The relief requested by Detroit is for the judge's referral to the chief judge of the district for disciplinary proceedings for their possible disbarment.
Michigan separately filed bar complaints with the relevant state bars.
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