Remember how every Trump lawsuit got thrown out? Remember how the kracken never krackened, thank you Sidney and Rudy? Well, Kari Lake is determined to at least get a public viewing of the evidence, and she is (and we are) going to get it. It’s going to happen very fast, while everyone is busy with Christmas and loved ones. Process is well explained below. -nvp
Kari Lake survives first, and most difficult, hurdle in her election case
At 8pm yesterday evening, the judge ruled in Arizona gubernatorial candidate Kari Lake’s election challenge case. Eight counts were dismissed, but two of her ten counts survived and will go to trial.
This is an impressive and encouraging development. Elections law is super strict, designed to test cases early, to keep the court system from becoming a weapon for defeated candidates’ sour grapes. Thus there is an unusually high threshold for plaintiffs to get past the dismissal stage. The normal lawsuit life-cycle looks like this:
(I) Complaint -> (II) Motion to Dismiss -> (III) Answer -> (IV) Discovery -> (V) Motion for Summary Judgment -> (VI) Trial.
Elections cases essentially combine the dismissal (Stage II) and summary judgment (Stage V) tests into Stage II.
Remember? Every single one of the Trump election challenges got torpedoed during Stage II, and were dismissed. Anybody who’s litigated one of these cases (I have) can tell you how hard it is to run the dismissal gauntlet. It’s HARD. And you have to litigate under unbelievable time pressure from hyper-short deadlines.
Yesterday, the judge preserved Kari’s two allegations: that ballot printers were intentionally tampered with, and that elections officials broke chain of custody rules for ballots, allowing illegal voting. Trials are usually expedited in elections cases, and here the judge ordered a two-day trial before January 2, 2023. That’s not a lot of time. And, two days of trial will be tight.
Kari’s lawyers won’t get any time off for the holidays.
The bottom line is that Kari Lake’s lawsuit has made it further than 99% of all elections cases, and has already contradicted critics, including many in the Republican establishment who loudly and publicly told Kari she should hang it up, she lost.
And, any trial is bad news for the incumbent, because if there is ANY real evidence, it will come out, go into the permanent record, and will have to be dealt with SOMEHOW.
So. This is great news!