Ashe in America. 1/3=
Denver District Court, the Honorable Kandace C. Gerdes presiding in Case No. 24CV33363, LPCO & Wiles vs. Griswold & Beall.
The petitioners @James4Peace_ & @Hannah4Liberty along with counsel @GaryDFielder present. 2 attys for SecState also present.Set to begin in ~20 minutes.
Colorado Deputy Secretary of State Chris Beall has entered the court room.
There is a technical issue with the WebEx/livestream so hasn’t started yet. All rise!
First order of business: In courtroom observation limit is reached. We are packed in.
The court is reading her order for courtroom conduct now.
Emergency motion to intervene by Mr. Justice.
Petitioners have no objection, Respondents object, stating generalized grievance.
Mr. Justice is speaking now — intervening as an elector and asking for a different remedy.
The court has reviewed Rule 24(a)(2) and the emergency verified petition to intervene by Mr. David Justice.
The court notes that on page 8 of 9, the intervenor requests SecState must direct the clerks to conduct a specific analysis prior to certification, following a hand count.
The court notes that Mr. Justice’s remedy differs from the petitioner. Respondent argued against the requested remedy, citing Risk Limiting Audit.
Court denies Mr. Justice’s motion to intervene.
Fielder asks if Clay Parikh can listen as an expert witness. SecState will object to Parikh as an expert, but fine with him listening.
Attorney General’s office is a part of the SecState litigation team, a paralegal from AG office is present.
The three attorneys representing the SecState are entirely from the AG office.Reminder that Chris Beall was outside counsel for SecState from the AG office prior to becoming Deputy SecState.
Court allows Parikh plus respondent witnesses Rudy and Edelman from SecState to watch via WebEx.
Fielder making opening remarks now.Summarizing the impacts of passwords from 63 of 64 counties.“Unprecedented, meaning, I haven’t found any precedent for what has happened here.”==
Citing the specific statutes alleged to be violated. You can read the complaint here:
“We’re not really talking about certification” — talking about decommissioning the breached devices. “Fair and accurate vote count.”
Any device subject to a live password breach implicates the devices in the county more broadly.
Fielder now discussing the deception of SecState — not revealing to clerks or public until after story broke. #coverup
Respondents are giving their opening remarks now.
“This issue, no one takes more seriously than the Secretary and the Deputy Secretary.”
Passwords are now obsolete — they have been changed.Our position is SecState is in strict compliance with the rules promulgated by SecState.
I’m not kidding — she literally just said that.
Requested remedy would create chaos in all 64 counties. Now stating that they don’t believe the court has the authority to order such injunctive relief.
Now arguing that petitioners didn’t test the components post brief so they don’t know what they’re talking about and have no personal knowledge.
Asks that Court immediately find it lacks jurisdiction. Court declines and will allow the petitioners to make a record.
Fielder calls Hannah Goodman, she is sworn.
Goodman: Here as a voter, a CD4 candidate, and chairman of LPCO. LPCO is running 24 candidates in this election, for federal, state, and local offices across Colorado.
Goodman speaking about candidate strategy and the importance of sound data for the execution of LPCO strategy.
No further questions. Cross examination now.
Cross: You don’t have any evidence of fraud or personal knowledge of the breach being exploited (paraphrased). Respondent counsel points out that Goodman lost her prior election. No further questions.
Fielder calls Colonel Shawn Smith (USAF, retired), he is sworn in.
Talking about October 23, 2024 — this was the last day that Smith downloaded the Voting Systems Inventory file from secstate website.
Smith testified he downloaded the file 30-40 times.Smith was downloading the file prior to June. It was always a PDF. Changed to XLS in August 2024. On October 24, 2024, Smith noticed hidden worksheets in the file.
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