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 pointthough 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 Defendants 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
Gothmog
(145,046 posts)Thekaspervote
(32,750 posts)Gothmog
(145,046 posts)Scurrilous
(38,687 posts)Gothmog
(145,046 posts)Gothmog
(145,046 posts)This is from the order
This makes me smile
Bernardo de La Paz
(48,984 posts)klook
(12,153 posts)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.
Bernardo de La Paz
(48,984 posts)(three letter acronyms)
klook
(12,153 posts)For real, man.
azureblue
(2,146 posts)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."
Gothmog
(145,046 posts)riversedge
(70,174 posts)Gothmog
(145,046 posts)riversedge
(70,174 posts)controls the lawyers licenses in Kansas.
lagomorph777
(30,613 posts)...such as himself.
Gothmog
(145,046 posts)Mc Mike
(9,111 posts)lagomorph777
(30,613 posts)Mc Mike
(9,111 posts)Gothmog
(145,046 posts)Mc Mike
(9,111 posts)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)You kept us well informed from the beginning. I hope you are delighted with the end result.
Last edited Tue Jun 19, 2018, 02:06 AM - Edit history (1)
I am happy
This trial has been my soap opera and I love this part of the trial https://upload.democraticunderground.com/100210350534
Gothmog
(145,046 posts)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
On Monday, the chief of the U.S. District Court in Kansas, Judge Julie A. Robinson, popped the bubble of Kobachs obsession. She ruled, after a lengthy trial, that Kobach, Kansass 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 thats 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.
brer cat
(24,544 posts)Gothmog
(145,046 posts)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
The Court gives little weight to Mr. von Spakovskys 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 courts 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 Spakovskys bias. Dr. Minnite testified to, and Mr. von Spakovskys CV demonstrates, his longtime advocacy of voting restrictions .As stated above, the Court gives little weight to Mr. von Spakovskys 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. Richmans 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 Richmans work on essentially the same grounds. The Court finds Dr. Richmans 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 Courts 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)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)Gothmog
(145,046 posts)This article from the Maddow Blog makes me smile http://www.msnbc.com/rachel-maddow-show/kansas-kobach-suffers-humiliating-loss-federal-court
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. Slates Mark Joseph Stern recently pulled together a list of all the ways Kris Kobach has already lied to the court thats overseeing his Kansas voter fraud trial, and it wasnt a short list.
Evidently, that didnt go over well.
TexasTowelie
(112,056 posts)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)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
Thats 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 Richmans work to bolster his predictions that the election would be rigged. You dont 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?
Richmans 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 courtrooms televisions, Kobach appeared, saying Trumps tweet was absolutely correct. Without naming Richman, Kobach referred to his study: The number of non-citizens who said theyd 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.