Thread by @Orly_licious

🧵 YOOO Good afternoon everybody, TGIF! 🥳 This is the #EastmanTrial, CA Bar Disbarment Trial of #JohnEastman, 1pm EDT. Since Eastman's direct was TWO BORING DAYS, discredited loser Garland Favorito's cross isn't done so he's back. 😾 Then John Yoo. Zoom: calbar.zoom.us/wc/97985435232…

Thanks @LorenCollins: After wailing he wasn't an expert witness, just percipient (only testifying to direct knowledge), Garland Favorito just goes ahead & LIES that he's an EXPERT.😅 All these election deniers are discredited frauds & grifters. Trump & allies were 1-64 in court.

🧵 If you missed previous testimony this week (#EastmanTrial is not archived) previous unrolls of In Re Eastman, Cal. State Bar, No. SBC-23-O-30029:
Thu Sep 14 Garland Favorito:
Garland Sep 13
John Yoo Sep 12
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threadreaderapp.com/thread/1702008…
threadreaderapp.com/thread/1701642…

Duncan Carling from the #CABar has been conducting the cross examination of election denier Garland Favorito. Carling moves fast. He's been questioning Garland about his VoterGA Report which is riddled with errors, here it is to follow along. #EastmanTrialvoterga.org/wp-content/upl…

From the patriots at American Oversight @weareoversight: Hearings in #EastmanTriall in CA are ongoing. We compiled records we obtained that shed light on the election-denying activities of individuals on the long list of scheduled and potential witnesses.

https://twitter.com/weareoversight/status/1702708196920406488

Another report Duncan Carling from the CA Bar has been referencing is by "Bryan Geels, CPA". Not an election official, not a lawyer...a CPA. No reputable election pro would deal with these lunatics & grifters, this is the best they've got. #EastmanTrial voterga.org/wp-content/upl…

Here we go! Continuation of Duncan Carling of the California Bar's cross examination of Garland Favorito. Appearances done & housekeeping before cross. Needs updated exhibit list, Miller is going too slow so updated witness list...after today, #EastmanTrial will resume 9/26-29.

They're discussing rules for rebuttal testimony, closing reports, duplicate exhibits Eastman's team submitted and other housekeeping. Cross hasn't started yet. Just wanted to keep you posted. MAGAs like Grace Chong think it's funny to break rules & stream.

https://twitter.com/gc22gc/status/1702726131198423067

Garland Favorito called to the witness stand. Carling CA Bar goes quickly and some exhibits are not easily available... if you have any that are being referenced (like in Carling v Raffensperger), please DM them or post them and will try to include them. On to the show!

Carling's 1st question is his claim about 86K voters who were not properly registered to vote. He calls Garland's attention to an exhibit on the Trump v Raffensperger case, which includes Affidavit of Bryan Geels dated 12/1/2020. In paragraph 47, only 6,635 were not matching up.

Geels was using "Date Added" field vs. the "Registration Date" field after discussing it with GA SoS' office. Carling is asking what is the basis for his claim that these fields should be similar. GF: "Basic IT knowledge, but can't testify I'm sure". GF backtracks on the claim.

DC = Duncan Carling CA Bar, GF= Garland Favorito
GF: "I don't know why 6K vs 86K but before my report." DC: "Is it rare to cancel registration & reregister?" Yesterday GF said it was rare, now backtracks, "unusual". DC: "Based on research?" GF: No. (Judge strikes) #EastmanTrial

GF questions relevance of question, judge says that's not your job. 😅 DC is still pushing on where this alleged 86K unregistered voters come from. DC: "Could people be on the 2016 history file & show a registration date before 2016" GF: If you have a reason I'd love to hear it.

DC back to Geels' report from Trump v Raffensperger, which I don't have, but it includes to this Category (5) showing on the screen. GF is right, this isn't what VoterGA links to. . voterga.org/wp-content/upl…

This is what's NOT on the VoterGA website that DC was asking about, it's Geels' affidavit on Trump v Raffensperger, not the Expert Report of "Bryan Geels, CPA". Confusing. DC now moves to reduction of voter verification rejections. #EastmanTrial

DC is still on paragraph 19. He's asking how GF knows if there were signature rejections for mismatches. He asks if GF looked at the file, which is public. GF: "I'm a very busy person". Bottom line: He can't confirm it and didn't research it. Another FAIL. #EastmanTrial

😅 Duncan Carling is calling Garland Favorito out for the tweet we discussed referring to him as "EXPERT". Favorito denied he posted it, "others posted it". DC says it goes to Favorito refusing to answer questions because he's not qualified as an expert. Judge says DC is right.

DC wants to know how GF knows this: "This resulted in a statewide decrease in the signature rejection rate from 3.47% in 2018 to .34% in 2020." GF "I'm not qualified as an expert so I don't know." DC: Based on what? GF: "Signature should be stricken" (conceded yesterday).

DC: So is 20 wrong too? GF: No, should just be "adjusted". DC: Which experts? GF: I don't know but they (mystery experts) agreed. DC: Did you watch testimony? GF: No, you introduced exhibits, right? DC: Grimmer testified rejection rate 0.15% in 2020... are you referring to him?

Garland is sweating. He insists he didn't watch testimony but read exhibits. Then only "some" exhibits. Judge asks how did he review exhibits? GF: Counsel. Judge: "We'll discuss that, he's not an expert". Randall Miller is going to need to 'splain soon. #EastmanTrial

DC continues to discredit Favorito on rejection of absentee ballots claims in his report. He repeats GF didn't research. DC asks basis of claim of reduction of 50%? GF: "In your exhibits, numbers were lower than these, but other experts..." DC: You don't know what docs? GF: No.

DC: So how would the public reading your report verify 19 & 20? GF: Um. On the Result link on the report, it's a doc about Tea Party request for Amicus brief (!). GF says maybe that has the numbers. 😅 voterga.org/wp-content/upl…

Now Carling is taking Favorito apart on his underage voter claims. DC is pointing out reasons registration changes (change of address etc). GF doesn't think people do. DC asks basis. GF "Doesn't make sense to me." DC asks did you run analysis? GF: "Only in 33". #EastmanTrial

Carling goes back to the Geels Raffensperger exhibit (which again is different from what's on the VoterGA site, it's a CA Bar mistake). DC asks about reliability of Geels analysis. GF: Used method & procedure used, not code. DC: Did anyone check birthdays? GF: Not part of 33

GF: The paragraph we wrote is what we wrote." DC: So what about someone born in 1930, registered in 1946, then voted in 2020?" GF: "I'm not an expert" Judge: It's about your report. GF: All we claim is what we wrote. DC: But you said you verified everything in your report...

DC: So you're saying it isn't transparent and people can't verify this information? GF: No. DC: Where does the paragraph link to? GF: Would you agree the VoterVA data doesn't give the public access to the database query used? GF: We'd give the methodology. DC: Where is it? GF: Um

DC: And you don't know how many reregistered. GF: That would be true. DC moves back to sig verification... he's really moving fast, trying to keep up. #EastmanTrial

Carling is dismantling Favorito's statements about his report speculating that extrapolating a tiny county's rejection rate to the whole state would be outcome determinative. GF: "well, if it was statewide malware..." DC asks for his basis that hand counting is more accurate.

#EastmanTrial Garland Favorito hits the motherload Lindell drilled into him: Hand recounts are much more accurate than machines. Duncan Carling: Do you know error rates of hand counts? GF Not specifically. (Hand counting less accurate & more expensive, recent Mohave County AZ:)

DC is focused on 2 points: Human counting has a higher error rate than machines & experts including @jhalderm & @HarriHursti found: "we have never claimed that tech vulnerabilities have actually been exploited to alter the outcome of any US election". s3.documentcloud.org/documents/2384…

This is awesome! Whew, lunch break until 5:20pm EDT. I have notes with more info on #EastmanTrial. Garland must change his flight a 2nd time, Carling needs another hour & Miller 45 mins of redirect. Carling is systematically destroying Garland's bogus report, obfuscations & lies.

#EastmanTrial: Duncan Carling of CA Bar zeroed in on baseless allegations by Garland Favorito & VoterGA: Claim: Dominion machines switched 37 Trump votes in Ware County. Reality: HUMAN ERROR. "Small tabulation error" caught & corrected. Made no difference.
usatoday.com/story/news/fac…

Carling asks Favorito, based on Para 11 (debunked yet still live on VoterGA's site), what's his evidence that a machine flipped those votes? GF: "Election results & hand count audit produced discrepancy. Machine was wrong. Hand count more trustworthy, Election Dir agreed" (No.)

DC: What's your basis that hand counts are more accurate than initial total? GF: (Machine) votes are counted in secret. We did a hand count & it was trustworthy because public can see. DC: What are known error rates for hand recounts? GF: Umm very low DC: What is that based on?

Carling asks Favorito how he knows error rates of hand counts are low:
GF: Umm, a couple of studies
DC: Which studies?
GF: Can't recall
DC: Scholarly studies with published error rates of hand counts?
GF: Can't recall
DC: Have an estimate?
GF: No, I don't
#EastmanTrial

When Carling asks Favorito how he knows it was machines vs. human error, he chuckles & says 37 votes couldn't be human (must be malware, software, alignment) & Election Dir agrees (No). He must not read fact checks (MAGA denies fact checks). Judge isn't buying. #EastmanTrial

DC: Are you saying there was no error rate in Ware's hand counting? GF: Yes, I don't believe there was error.

Election denier Garland Favorito is a crank. Even with the Election Dir saying it was human error, he knows better. Carling has blown his report apart. #EastmanTrial

My big question: How is any of this helping John Eastman keep his law license in California? That's what this State Bar trial is about. Having discredited people insist fake data is real in their fantasy worlds is NOT a basis to subvert or overturn an election. #EastmanTrial

And we're back with the #EastmanTrial! Judge Yvette Roland is discussing John Yoo's upcoming testimony with Randall Miller, John Eastman's attorney. Then Favorito will be more discredited. You can watch live on Zoom (no account needed) calbar.zoom.us/wc/97985435232…

John Yoo has the only valuable testimony. Michael Gableman was a bloviating fool & Garland Favorito is an election denying buffoon. Judge Roland is narrowing which of John Eastman's views Yoo can discuss. His depo & Motion in Limine disclaims a lot Eastman needs. 💣 #EastmanTrial

Professor Yoo won't testify today, he'll be recalled when the trial resumes Sept 26-29. This is a result of Randall Miller, John Eastman's lawyer, burning up 2 full days with this idiot Garland Favorito. Serious error to lose Yoo before break so that Favorito can be debunked.

Big thanks to Jason Barscheski @JasonBarscheski, Geels' affidavit was in Trump v. Kemp (not Raffensperger). This is not the report on VoterGA's website. This link is to the 1st affidavit by Geels in that case: #EastmanTrial

·courtlistener.com/docket/2891728…

Carling is zooming in on Favorito's claims of testifying to the GA Assembly. 2019 & 2018. He says those were testimony vs public comment. Testimony was NOT under oath. DC: Last time you were an expert witness in a case? GF: This year, volunteered. Co-plaintiff & expert witness.

Garland Favorito Education & Experience:
DC: Degrees?
GF: No
DC: Any paid employment in Elections?
GF: No
DC: Any training in statistics?
GF: No
DC: You were an observer & recount monitor?
GF: Credentialed by Constitution Party
DC: Requirements?
GF: Not really
#EastmanTrial

Carling turns to Favorito's bogus claims about Governor Kemp in his report. The Governor's letter says, "this letter does not purport to dispute or contest the outcome of the 2020 election". Also says only ONE complaint submitted. What a disaster for Favorito. #EastmanTrial

Carling gets Favorito to admit that it was VoterGA that decided what constituted a "chain of custody" issue. It was GF's fantasy there was a 60% error rate in Fulton hand counts... it was tally sheets, he admits the count wasn't wrong. GF misrepresents or just lies about data.

Underage voters: Favorito says First, Last & Birth Year had 10,315 results with false positives. Adding Address, down to 873. But GF links to the bigger number. Carling asks why not Date of Birth vs just year & where's methodology?
GF: "I've determined I believe it's accurate".

Duncan Carling, CA Bar: Have you read any peer reviewed literature about election results?
Garland Favorito: Some, not about this case
DC: Was anything in your VoterGA report submitted for peer review?
GF: We did peer review ourselves 🚀
#EastmanTrial

DC: Did VoterGA find any counterfeit ballots from 2020?
GF: Mail in ballots that weren't folded, paper stock (this silliness again)
DC: Other than affidavits, what evidence?
GF: Sore subject. We went to court, judge ruled no standing. Fulton hired criminal lawyers..(answer is NO)

Duncan Carling: Did you or VoterGA find ANY fraudulent ballots from 2020?
Garland Favorito: We couldn't! Because of a "corrupt ruling by a lower court judge!"
Judges love hearing unsubstantiated smack talk like this. This is hilarious, typing too fast to express the laughter.

Duncan Carling finishes by driving a final stake into the heart of Garland Favorito's report. Relating to fields used, GF can't answer basic statistical analysis questions (how would a 3rd data source affect the other 2?). 10 min break then redirect. Nightmare for #EastmanTrial.

Back on the record for John #EastmanTrial at 6:50pm EDT. It's Randall Miller's, Eastman's lawyer, chance to shine. First up: Kinda disavowing Bryan Geels ("1st time I worked with him, he was a Trump lawyer, don't remember what reports I read...) 😅 But he loved Geels' report...

Already there are sustained objections (move to strike) on Favorito's opinion about why Trump v Raffensperger wasn't assigned a judge. Strike out. Now Miller brings up Halderman's report ("it confirms much of our work" 😂). #EastmanTrial

Incredibly, now Miller is actually talking about True The Vote ("much of our evidence corroborates their evidence" 😂). Judge Roland starts asking about privacy with the "geotracking" Favorito says they did. Judge asked if he was involved. No. Miller quickly changes topics.

It's getting worse. GF: "The reliability of the GA voter rolls is very low." Objection: Move to strike. Miller: "Based on your personal knowledge" GF: There is no dictionary on what the fields are & accessibility & how to track who made updates..." Move to strike. Sustained.

Judge Roland: Mr. Favorito, you just testified you don't know what's in the GA rolls, how can you have an opinion? GF: My background in system methodolog... Judge: Not on GA voter rolls, right? GF: My background in how to build corporate... Carling: Move to strike. Sustained.

Garland Favorito: "Risk limited audits shouldn't be done on ballot marking devices". At last he gets through an objection. 🥳 Something about a Dr. Stark. He's so confusing it goes nowhere. Randall Miller says time to turn to a new topic: Dead voters. #EastmanTrial

Judge: How were stats compiled for people who weren't born in a hospital, for example? How was this dealt with? GF: "Living in the South, I don't think too many people are born outside a hospital...mumbles... I don't know." Strike out. Miller moves on again. #EastmanTrial

On underage voters: Randall Miller: Did you understand some numbers were transposed? GF: Not with me...
Move to strike, GF said it was speculation. Sustained.
GF: When we worked together, there were no errors."
Miller is done. Literally.
Carling wants another shot.
#EastmanTrial

Duncan Carling: "On dead voters, Date of Birth is in the Health Records but not public so you can't match on DOB, right?"
Garland Favorito: "I'm not qualified as an expert, I can't comment on that." 👈 This really sums up all of Favorito's #EastmanTrial testimony.
That's a wrap!

Gosh! This was a lot, but #JohnEastman brought it on himself for letting that bozo Garland Favorito testify for 2 days. CA Bar destroyed him. Of course, MAGAs will cheer but they're in Fantasyland. In the real world, overall this week was a disaster for them. #EastmanTrial

That concludes this week's #EastmanTrial. I really appreciate you following along with me, thank you. Unroll to follow. John Eastman's California Bar Disbarment Trial resumes on September 26, 2023. Have a great weekend! Cocktail time! 🍸

@threadreaderapp /unroll