Discussion: How A Blown Deadline Has Haunted Kobach In His Voting Law Trial

And federal judges HATE, HATE, HATE to be overturned at the Court of Appeals, which is why the judge (A Dubya appointee) is making sure that her Koback smackdowns are on the record. Of course Kobach will appeal (and he’ll lose), and the Supremes won’t touch it.

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Kobach and his team are truly dreadful litigators.

Litigating in Federal Court is procedurally complex and Federal pre-trial orders are a nightmare involving weeks of work. As anyone who has ever taken a case to trial in Federal Court knows, compliance with the requirements of the pre-trial order might as well be written in stone because they are immoveable. Being able to produce new evidence within 24 hours of the start of trial is incredibly generous of the court. Typically such a cut-off is weeks or even 3 months out from the trial date. The judge is never going to back down and I can’t see any court of appeals overruling her on this. Again, the consequences of these deadlines are well know to everyone involved. Well, except Kobach’s team which gets us back to the my first sentence.

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I’m sure the Kansas SOS office was expecting the same understanding and flexibility that Kansas shows to citizens who miss a deadline for registration or for providing docs to make a provisional ballot official.

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For instance, they have sought to highlight that some of the law’s challengers have, since bringing the case, been registered to vote, even though Robinson has ruled that it won’t affect the challengers’ standing.

So, on the one hand, Kobach and crew are all “voting is a sacred right” but then they object to the challengers exercising that right until after there’s a ruling in the case.

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Preliminary injunction was to block the law from going into effect - injunctions are usually only granted if there is a likelihood that the challengers will succeed.

You’ve got to feel for Kobach. Here he is just trying to participate in a civic process, but there’s a mountain of specific paperwork and onerous requirements—which more practiced attorneys have no problem following—that have risen up artificially to prevent him from doing so.

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I’m looking forward to her decision. Should be delicious, with a salty hint of Vote Suppressors’ tears.

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It appears Garret Roe has resorted to a classic Iacerent feces in pariete strategy.

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Just imagine how this trial would be going if it was overseen by one of Fat Nixon’s unqualified flunkies.

Am told that, if King Tub serves out his 4 years, close to 25% of the federal bench will have been appointed by him. If that doesn’t scare the shit outta you, it should.

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Too dumb to know there is such a thing as ‘smart’. Whoo-boy. Kansas.

Want to see something truly disturbing:

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Trump advisers Reince Priebus, Steve Bannon, Stephen Miller and Jared Kushner joined Kobach in the post-election meeting, where Kobach said they talked about “the general issue of aliens voting.”
Topeka Capital Journal

Republican’s paranoia of aliens runs deep.

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Ham-handed attempt to build a case on appeal for judicial bias. She should refer them to their respective state bars for disciplinary action.

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I could have gone all year without seeing “Kobach” and “blown” in the same headline.

~shudder~

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I saw attorneys trying to admit evidence that the court had previously ruled inadmissible because of missed deadlines. No attorney, however, tried it three or four times. They didn’t dare to.

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Kurtz piece had lots of better options to depict a trainwreck:

The explosive fire at the end of this one is a nice touch:

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“It’s not every day you see trial lawyers try to do something that a judge has three times already told them they aren’t allowed to do.”

Meh…yes and no. What these guys are trying to do is pack the record with the judge refusing to allow them to use it so they can either (or both): (a) rack up a litany of denials so that the shear number of times the judge refused to allow it in, despite the introduction of other evidence they will claim “opened the door” and made it prejudicial to exclude it, makes it look like the entire process was biased and/or (b) get the judge so pissed off she says something they can claim was grossly prejudicial and warrants a retrial (or is at least very useful on appeal). Also, they are neophyte buffoons…so there’s that.

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Probably because they were actually presenting a case, not conducting a publicity stunt.

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I think the phrase “Fat Nixon” is wholly inappropriate. It should be “Stupid Nixon”.

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Sorry but unless he is there to clean the toilets most of the jobs in fast food will manned, so to speak by robots.

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Lawless. That’s what Republicans have become. As above, so below.

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