Attorneys declare dismissal will be appealed.
LIVE UPDATES WILL BE PLACE HERE DIRECT FROM COURTROOM
1529 – Case dismissed.
1528 – Court finds this matter is barred by equitable doctrine of laches.
1528 – Court finds Senators have not been properly served.
1525 – PC Attorney tries to offer argument that Daugherty had to allege facts at time of filing lawsuit.
1518 – Attorney Todd Harding says the state of GA has right to legislate regarding elections. We’re talking about GA election law. Case was filed in timely manner as required by law.
Harding says Ossoff has never filed anything to this court. Judge asks when he was served. Ossoff served last just week and just filed his motion to dismiss. Harding says the runoff IS a continuation of the election and this case valid. Harding states Daugherty only needs to offer evidence at trial, not at filing of complaint. That is the purpose of discovery. Harding says Daugherty within GA law up to five days after election. Harding says both Senators avoided service for months.
1450 – Attorney for Senators Ossoff and Warnock addresses motion to dismiss. Case was not filed quickly – case should be dismissed. Argues this court has no jurisdiction. Judge Amero asks if lack of reservation language at time of swearing in is important. Attorney argues this case has no jurisdiction and only US Senate can solve this problem. ‘Once they were sworn in, this court has no jurisdiction. This court cannot bring any relief’. Amero brings up precedent in GA to hold new election. Judge seems surprised attorney says state has no right to hold new election once sworn in.
Attorney now arguing this court has no jurisdiction due to lack of timely service. PC Attorney makes mistake on service date. Warnock and Ossoff were attempted service multiple times but unsuccessful. Eventually Warnock was served, and Ossoff only accepted service recently. ‘Due to untimely service court has no jurisdiction’.
Attorney says all allegations focus on Nov 3rd general election and during the audit. No reason wait to file until last minute.
Attorney says Daugherty didn’t produce enough facts in his complaint relating to Jan 5th, only Nov 3rd.
Judge Amero asks if the case is dismissed for Ossoff or Warnock, what happens to other claims in the lawsuit?
1447 – Judge Amero grants PC pro hac vice.
1445 – PC Attorney disagrees abusing process. All previous pro hac (16 times) were focused on election law which is PC attorney specialty.
1440 EST – First up is motion to dismiss Perkins Coie (PC) pro hac vice. Attorney Todd Harding replies to Perkins Coie statements their attorneys are of good character.
- Harding says PC could be witness to case and should not participate. PC has threatened election auditors in AZ and PC sanctioned by 5th Circuit. PC is abusing pro hac privilege.