Beanz's Take on Kari Lake's case before AZ Supreme Court
Tracy Beanz @tracybeanz
🚨THREAD: There have been new filings in the @KariLake case at the AZ Supreme Court.
REFRESH: If you remember, Hobbs and Fontes asked the SC for sanctions against Lake, and the court gave dates for briefing. When Lake briefed, not only did they dispute the sanctions, but they used the opportunity to request a motion for consideration on the CoC issues and the 35,563 vote discrepancy; votes that Runbeck said they had and Maricopa said they didn’t.
First, I will share some of the response to the original Lake rebuttal brief, that I threaded above. Then, I will share the rebuttal to THAT made by @KariLake and her attorneys.
Elias, on behalf of Hobbs, uses the familiar buzzwords, like “Baselessly,” “Frivolous,” “peddle conspiracy theories” and “Sow distrust.” Hobbs argues that there is no factual basis for the claims Lake has made.
What I found interesting here is that they are not asserting in this first paragraph that Lake had never raised the claims before- the original reason for the sanctions. They have moved to attacking the CoC and injected ballots themselves- even though Lake used Hobbs own evidence to show that fact pattern.
He then goes on to impugn their own evidence, stating that she misrepresented two trial exhibits, and didn’t “develop or preserve this new argument by raising it in her first reply brief before the court of Appeals”
This just isn’t true. But at least they talked about the initial reason they requested sanctions now.
I am saying this in all honesty, when you have a strong argument, you don’t typically have to insult the other party in your pleading. Lake attorneys haven’t done this other than in response to taunts.
Again, here, Hobbs et al admit that Maricopa did not follow CoC procedures, stating that the number of ballots on the form from Maricopa County was merely an “estimate” of ballots, and that is why it doesn’t match the totals at Runbeck.
The problem is, they broke from CoC procedure, have admitted it over and over again, and if we had honest brokers, this WOULD be a “nail in the coffin.”
Make sure you read the next tweet.
THIS IS NOT PROPER PROCEDURE. If a ballot leaves Maricopa for Runbeck without being accounted for, we have completely lost Chain of Custody. There is no provision for laziness, or being “too busy” that allows Maricopa to IGNORE this.
They say that Lake has “failed to grasp” the fact that this was done. To the contrary, they have said this over, and over, and over again, from the very beginning. In court pleadings, the defense is brazenly and repeatedly arguing that Maricopa didn’t follow procedure (and by default) law.
This is their argument, in totality. They also add that even if what she is saying is true, it isn’t properly before the court and she is asking for a reconsideration improperly. They against state they are asking for sanctions. They say her claim has NO justification.
That is just blatant dishonesty.
Here is @KariLake response to what you just read. Importantly here, Hobbs had previously argued that the two exhibits Elias just said are not indicative of a problem, were actually very important. Hobbs argued that those exhibits PROVED that Maricopa “would be aware of any ballot inserted or rejected or lost in any part of the process.”
You can’t have it both ways. You can’t argue on the one hand that those forms are only estimates and so there is no good way to KNOW what was leaving Maricopa for Runbeck, and on the other hand, those forms are going to give Maricopa an accounting of EVERY SINGLE ballot and where it is along the way.
They then again ask the court to remand this issue back down to the trial court along with signature verification.
Lake argues that Hobbs and Fontes can’t all of a sudden reverse course and say their trail exhibits are meaningless estimates, when they argued to the court of appeals that those same exhibits would make Maricopa “aware of any ballot inserted or rejected or lost in any part of the process”
How would they know if all they had before they sent them off was an estimate? In reality, it’s likely they didn’t realize they were relying on inconsistent exhibits to make this argument when they made it at the appellate court.
Remember, Hobbs (joined by Fontes) argued that these two exhibits were meaningful in their defense. Now, they are walking that back because Lake is relying on them to PROVE HER CLAIMS.
I want to make sure the people in the back hear this- they contradicted themselves relying on THIS EVIDENCE to prove CoC, and THIS VERY EVIDENCE PROVES OTHERWISE.
It’s their evidence, people.
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