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Gothmog

(145,046 posts)
Mon Jun 18, 2018, 06:07 PM Jun 2018

Breaking: Federal District Court Sides with ACLU over SOS Kris Kobach in Proof of Citizenship Voting

Source: Election Law Blog

Given how things went at trial (Kobach got held in contempt at one point—though had the fine paid off with a government credit card), this is no surprise. In addition to injunctive and declaratory relief, “the Court imposes sanctions responsive to Defendant’s repeated and flagrant violations of discovery and disclosure rules.”



Read more: http://electionlawblog.org/?p=99605



Link to 118 page opinion http://electionlawblog.org/wp-content/uploads/fish-kobach-decision.pdf
33 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Breaking: Federal District Court Sides with ACLU over SOS Kris Kobach in Proof of Citizenship Voting (Original Post) Gothmog Jun 2018 OP
#Breaking. We won Gothmog Jun 2018 #1
Great news!! Need to up my donation to the ACLU.. Thekaspervote Jun 2018 #2
Defendants' experts in the Kansas proof of citizenship case were not credible, in the judge's opinio Gothmog Jun 2018 #27
K&R Scurrilous Jun 2018 #3
From Dale Ho (the ACLU top election law litigator) Gothmog Jun 2018 #4
Kobach is ordered to attend additional CLE Gothmog Jun 2018 #5
CLE is IATA airport code for Cleveland Hopkins International Airport. Does Kobach own a piece of it? Bernardo de La Paz Jun 2018 #10
CLE is Continuing Legal Education klook Jun 2018 #11
Thanks. Many TLAs are opaque. Bernardo de La Paz Jun 2018 #13
Heh. FRM. klook Jun 2018 #14
It's like telling a physics prof azureblue Jun 2018 #17
From Dale Ho of the ACLU Gothmog Jun 2018 #20
people learn what they want to learn. Just look at Trump!! riversedge Jun 2018 #21
In my world, CLE is continuing Legal Education Gothmog Jun 2018 #19
I hope someone files a complaint against Kobacb to the lawyers Association or whatever organization riversedge Jun 2018 #22
...and 40 hours picking up trash along the road. lagomorph777 Jun 2018 #16
Judge in Kansas proof of citizenship case is not impressed with Jesse Richman and Hans von Spakovsky Gothmog Jun 2018 #28
Thanks, good news. The title accidentally mis-spelled SOB, though. rec, nt. Mc Mike Jun 2018 #6
No, I think it was supposed to be POS lagomorph777 Jun 2018 #15
Touche. Mc Mike Jun 2018 #23
The key so-called experts used by the GOP were also discredited Gothmog Jun 2018 #24
I knew Hans Von S would be in there. Forgot Jesse Richman's name. Mc Mike Jun 2018 #32
Great news, Gothmog. brer cat Jun 2018 #7
Yep Gothmog Jun 2018 #9
America's No. 1 voter fraud conspiracy theorist goes down in court Gothmog Jun 2018 #29
That's going to sting. brer cat Jun 2018 #30
The GOP go to expert of voter fraud is dissed in this opinion Gothmog Jun 2018 #8
Excellent news! klook Jun 2018 #12
From Ari Berman Gothmog Jun 2018 #18
Kansas' Kobach suffers humiliating loss in federal court Gothmog Jun 2018 #25
Six hours of CLE doesn't seem sufficient. TexasTowelie Jun 2018 #26
How the Case for Voter Fraud Was Tested -- and Utterly Failed Gothmog Jun 2018 #31
Kobach will not defend himself on appeal Gothmog Jul 2018 #33

Gothmog

(145,046 posts)
5. Kobach is ordered to attend additional CLE
Mon Jun 18, 2018, 06:13 PM
Jun 2018

This is from the order

IT IS FURTHER ORDERED that Defendant shall attend 6 hours in addition to any other CLE education required by his law license for the 2018-2019 reporting year. The additional CLE must pertain to federal or Kansas civil rules of procedure or evidence. Defendant shall file a certification with this Court before the end of the reporting period on June 30, 2019, certifying that this CLE requirement has been met. This sanction is imposed under Fed. R. Civ. P. 37(c)(1) for the disclosure violations identified in this Order under Rule 26(a) and (e).


This makes me smile

klook

(12,153 posts)
11. CLE is Continuing Legal Education
Mon Jun 18, 2018, 07:28 PM
Jun 2018

Sorry to harsh your buzz if you were just horsing around, but I thought I'd point that out for the other non-lawyers in the group.

This is a hilarious and humiliating smackdown of the nincompoop Nazi Kobach, forcing him to attend remedial classes administered by, I presume, The Kansas Continuing Legal Education Commission.

azureblue

(2,146 posts)
17. It's like telling a physics prof
Mon Jun 18, 2018, 08:34 PM
Jun 2018

to take a class in multiplication because he kept screwing it up. Highly insulting and an insult the entire legal profession will know him by."KK? Oh yeah - that guy. The one the judge told to go back to school because he tried to pull a fast one on the judge and got spanked for it."

riversedge

(70,174 posts)
22. I hope someone files a complaint against Kobacb to the lawyers Association or whatever organization
Tue Jun 19, 2018, 06:30 AM
Jun 2018

controls the lawyers licenses in Kansas.

Mc Mike

(9,111 posts)
32. I knew Hans Von S would be in there. Forgot Jesse Richman's name.
Wed Jun 20, 2018, 07:36 AM
Jun 2018

He was the guy who had 'proof' that 5 mil illegals voted, so dRumpf actually 'won the popular vote'. Then he disappeared after getting all kinds of attention on big media outfits, where he said he had no proof, but was gonna come up with it.

I just did a search online for him, his lying claim lives on, in a zillion 'news' stories on the daily caller, judicial watch, spectator, redstate, etc. sites. All the proof the nazis need, their 'news' sites say it's true.

WaPo published an excellent debunk, but that's just one search result in a sea of bircher bullshit:

https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/19/trump-thinks-non-citizens-are-deciding-elections-we-debunked-the-research-hes-citing/?noredirect=on

brer cat

(24,544 posts)
7. Great news, Gothmog.
Mon Jun 18, 2018, 06:25 PM
Jun 2018

You kept us well informed from the beginning. I hope you are delighted with the end result.

Gothmog

(145,046 posts)
29. America's No. 1 voter fraud conspiracy theorist goes down in court
Tue Jun 19, 2018, 07:28 PM
Jun 2018

The fact that Kobach was poured out of court makes me so very happy https://www.washingtonpost.com/opinions/americas-no-1-voter-fraud-conspiracy-theorist-goes-down-in-court/2018/06/19/d043a0d6-73ee-11e8-9780-b1dd6a09b549_story.html?utm_term=.4bf63ff5d6c2

Kris Kobach’s collection of sheepskins suggests a pretty big brain to go with his tall, broad-shouldered frame. The right-wing candidate for Kansas governor has degrees from Harvard, Oxford and Yale. But to watch him war with figments of his imagination — a fictional army of fraudulent voters — makes one think of that old ad campaign: A mind is a terrible thing to waste.

On Monday, the chief of the U.S. District Court in Kansas, Judge Julie A. Robinson, popped the bubble of Kobach’s obsession. She ruled, after a lengthy trial, that Kobach, Kansas’s secretary of state, produced no credible support for his theory that large numbers of noncitizens are illegally voting in American elections. Thus, the Kobach-inspired law requiring Kansas voters to provide documentary proof of citizenship is unconstitutional because it imposes the burden without a reasonable justification....

In retrospect, Kobach may be a victim of his own success — or a textbook example of the Peter Principle, which holds that people tend to rise to their level of incompetence. Winning the post of secretary of state in 2010 placed him in charge of Kansas elections, giving him the tools he needed to prove the righteousness of his quest. Like Joseph McCarthy waving his phony list of communists, Kobach reached a point where he had to put up or shut up.

But that’s been just another fizzle. As the judge acidly noted: “Defendant already has prosecutorial authority over Kansas election crimes. Yet, since obtaining this authority .?.?. Defendant has filed zero criminal complaints against noncitizens for registering to vote.”

Gothmog

(145,046 posts)
8. The GOP go to expert of voter fraud is dissed in this opinion
Mon Jun 18, 2018, 06:26 PM
Jun 2018

The GOP has only a few idiots who they can call on to testify about voter fraud. Two of these idiots was totally discredited by the judge in this ruling http://electionlawblog.org/?p=99605

On the amount of proven non-citizen voter registration, the court found: ” Extrapolating percentages based on these numbers, the total number of confirmed noncitizens who successfully registered to vote between 1999 and 2013 is .002% of all registered voters in Kansas as of January 1, 2013. Of the estimated 115,500 adult noncitizens in Kansas, .06% have successfully registered or attempted to register to vote since 1999. And, the number of attempted noncitizen registrations since the DPOC law became effective in 2013 is .09% of the total number of individuals canceled or suspended as of March 31, 2016, for failure to provide DPOC.”

“The Court gives little weight to Mr. von Spakovsky’s opinion and report because they are premised on several misleading and unsupported examples of noncitizen voter registration, mostly outside the State of Kansas. His myriad misleading statements, coupled with his publicly stated preordained opinions about this subject matter, convinces the Court that Mr. von Spakovsky testified as an advocate and not as an objective expert witness…. Mr. von Spakovsky wrote an editorial in 2011, alleging that 50 noncitizens from Somalia voted in an election in Missouri. Yet, nearly one year earlier, the Missouri Court of Appeals issued an opinion, Royster v. Rizzo, affirming the trial court’s finding that no fraud had taken place in that Missouri election. While he testified that he was not aware of the court opinion at the time he wrote the op-ed, Mr. von Spakovsky admitted that he never published a written retraction of his assertion about Somalian voters illegally participating in that election. The record is replete with further evidence of Mr. von Spakovsky’s bias. Dr. Minnite testified to, and Mr. von Spakovsky’s CV demonstrates, his longtime advocacy of voting restrictions….As stated above, the Court gives little weight to Mr. von Spakovsky’s opinions. While his lack of academic background is not fatal to his credibility in this matter, the lack of academic rigor in his report, in conjunction with his clear agenda and misleading statements, render his opinions unpersuasive.”

“Indeed, Dr. Richman’s published findings about noncitizen voting can be accounted for entirely by citizenship misreporting. In fact, a group of approximately 200 political scientists signed an open letter criticizing Richman’s work on essentially the same grounds. …The Court finds Dr. Richman’s testimony and report about the methodology and basis for concluding that a statistically significant number of noncitizens have registered to vote in Kansas, are confusing, inconsistent, and methodologically flawed. Most importantly, his refusal to opine as to the accuracy of any one estimate undercuts this Court’s ability to determine that any one of his wildly varying estimates is correct.”

Richman is trump's source for millions of illegal voters and Von Spakovsky is the go to expert for the right wing nut cases

klook

(12,153 posts)
12. Excellent news!
Mon Jun 18, 2018, 07:35 PM
Jun 2018

The ACLU is already one of the biggest recipients of my donation dollars, but I just may have to toss a little more green their way to reward them for all the fantastic work they're doing.

Sometimes I feel like they're our only hope.


Gothmog

(145,046 posts)
25. Kansas' Kobach suffers humiliating loss in federal court
Tue Jun 19, 2018, 02:39 PM
Jun 2018

This article from the Maddow Blog makes me smile http://www.msnbc.com/rachel-maddow-show/kansas-kobach-suffers-humiliating-loss-federal-court

Not surprisingly, Kobach struggled to offer evidence that doesn’t exist. The judge’s ruling is online here.

And while this was clearly an embarrassing outcome for the Kansas Republican – who also happens to be running for governor this year – what made yesterday especially brutal for Kobach was the extent to which the judge in this case humiliated him over his professional standards.


The Wichita Eagle reported that Robinson, while ruling against the state, “also ordered Kobach, … to take more hours of continuing legal education after he was found in contempt and was frequently chided during the trial over missteps.”

In fact, in this case, Kobach was found in contempt twice. Slate’s Mark Joseph Stern recently pulled together a list of “all the ways Kris Kobach has already lied to the court that’s overseeing his Kansas voter fraud trial,” and it wasn’t a short list.

Evidently, that didn’t go over well.

TexasTowelie

(112,056 posts)
26. Six hours of CLE doesn't seem sufficient.
Tue Jun 19, 2018, 03:44 PM
Jun 2018

I think that sixty hours would be more appropriate considering the bullshit. Oh, and he also has to take an exam at the end and make at least a 70 on it. No snoozing in class and no cell phones either.

Did I forget to mention that the last day of class is on Election Day? Let's cut into his campaign time and voting time too so that he will appreciate the right to vote.

Gothmog

(145,046 posts)
31. How the Case for Voter Fraud Was Tested -- and Utterly Failed
Tue Jun 19, 2018, 07:46 PM
Jun 2018

Again the findings of this judge will be used to attack any future trials where the GOP tries to use lies about voter fraud to justify GOP voter suppression tactics https://www.propublica.org/article/kris-kobach-voter-fraud-kansas-trial

The trial had a significance that extends far beyond the Jayhawk state. One of the fundamental questions in the debate over alleged voter fraud — whether a substantial number of non-citizens are in fact registering to vote — was one of two issues to be determined in the Kansas proceedings. (The second was whether there was a less burdensome solution than what Kansas had adopted.) That made the trial a telling opportunity to remove the voter fraud claims from the charged, and largely proof-free, realms of political campaigns and cable news shoutfests and examine them under the exacting strictures of the rules of evidence.

That’s precisely what occurred and according to Robinson, an appointee of George W. Bush, the proof that voter fraud is widespread was utterly lacking. As the judge put it, “the court finds no credible evidence that a substantial number of noncitizens registered to vote” even under the previous law, which Kobach had claimed was weak......

Richman had played a small but significant part in the 2016 presidential campaign. Trump and others had cited his work to claim that illegal votes had robbed Trump of the popular vote. At an October 2016 rally in Wisconsin, the candidate cited Richman’s work to bolster his predictions that the election would be rigged. “You don’t read about this, right?” Trump told the crowd, before reading from an op-ed Richman had written for The Washington Post: “‘We find that this participation was large enough to plausibly account for Democratic victories in various close elections.’ Okay? All right?”

Richman’s 2014 study of non-citizen registration used data from the Cooperative Congressional Election Study — an online survey of more than 32,000 people. Of those, fewer than 40 individuals indicated they were non-citizens registered to vote. Based on that sample, Richman concluded that up to 2.8 million illegal votes had been cast in 2008 by non-citizens. In fact, he put the illegal votes at somewhere between 38,000 and 2.8 million — a preposterously large range — and then Trump and others simply used the highest figure.....

On the courtroom’s televisions, Kobach appeared, saying Trump’s tweet was “absolutely correct.” Without naming Richman, Kobach referred to his study: The number of non-citizens who said they’d voted in 2008 was far larger than the popular vote margin, Kobach said on the video. The same number likely voted again in 2016.

In the courtroom, Ho asked Richman if he believed his research supported such a claim. Richman stammered. He repeatedly looked at Kobach, seemingly searching for a way out. Ho persisted and finally, Richman gave his answer: “I do not believe my study provides strong support for that notion.”

This one trial put to rest the claim by trump that he won the popular vote.
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