Do you know who the [inaudible 01:11:52]. And the double voting happens because the voter rolls aren’t clean. We need to do this so we really repeat the quote right away. A hearing was set for December 3rd. I’m just going to pause there. The exact reason for that is clearly in a court [inaudible 00:09:34] ability to cross-examine and verify the information and make sure basically it’s fair to both sides. Mr. Hamilton. They offer big numbers, but without support, without names, and without proof of any specific illegal mail ballot being cast, not one. As I mentioned earlier, no fewer than five Nevada courts have considered this claim. RENO, Nev. (KOLO) - It’s been a month since Nevadans went to the polls, but the court battles over the outcome continue. Simply put breathtaking relief demands breathtaking evidence, but contestant stand before you with nothing of the sort. The Agilis machine is widely used by some of the largest counties and metropolitan areas in the United States, Cincinnati, Ohio; Tallahassee, Florida; Pueblo County, Colorado; San Francisco, California; Salt Lake City, and dozens of others, counties where Democrats are in charge, counties where Republicans are in charge, most importantly, counties toward Americans are in charge. The court would like to know this. [crosstalk 01:14:49]. The contest was filed in the First Judicial District Court in Carson City, Nevada, on behalf of six Nevada citizens and voters who were candidates for presidential electors in Nevada. Judge Russell: (24:28) Kevin Hamilton: (01:56:32) And for that reason, we move to dismiss the case. And the facts before this court that happened in Nevada, not anywhere else, everything that we have that we can show that happened in Nevada, point too many, many thousands of votes that were improperly counted, which means many, many thousands of Nevadans whose votes were disenfranchised. Contestant appeared to raise three separate challenges to the machine. Kevin Hamilton: (01:53:33) When it goes bad, and here, it went bad, we can’t just turn a blind eye to it. This is precisely why courts across the country have routinely rejected this sort of slipshod analysis and absolutely insufficient in voting rights and voter registration cases. Of course, you can ask them how they voted because they were illegal voters. I’m going to wrap up at this point and I’ll be back for rebuttal. Jesse Binnall: (02:14:22) She knew what ballots look like. They can never be matched back up to each other because if they can be matched up to each other again, it’s not a secret ballot. And then based on that testimony, that contestant’s claim that thousands of Nevada voters committed felony voting twice, voting illegally after moving out of the state, or cast ballots in the name of dead voters, but Mr. Campbell’s analysis doesn’t begin to prove that. In Nevada, the margin was 33,596 votes, as Your Honor noted. Now I pick that time because it’s Friday 10 o’clock so that the court can get the decision out so that there’s time to go to the Supreme Court. And as much as I might rather pay Nevada taxes and vote in a swing state, I have to do that in Virginia. That’s basically the end of [Claren 01:13:36]. And none of the claim alleged in the contest actually faulted in the very limited ground enumerated by a contest statute. Mr. Binnall take about ten minutes. Speaker 1: (59:08) Thank you. The prosecutor’s go in with Grand Jury subpoenas, the FBI subpoenas for documents, and they’re able to have the full availability of almost whatever evidence they want, as long as it’s not subject to some privilege. Read the full transcript of the hearing here. Does that answer your question, Your Honor? Speaker 7: (01:15:03) [crosstalk 01:12:11] You got to save them all sometime. Challenge to Nevada’s election results before Carson City judge Thursday. Mr. Binnall: (31:09) And so that statute for Clark County purposes, which is the only places that uses this Agilist machine, means that simply the registrar voters or his employee has to verify the signatures. “JUST IN: Carson City, NV judge hearing election challenge filed by Trump electors has set a hearing for 12/3 at 130PM local,” Gerstein reported on Twitter. Clark County’s a little bit different because there’s a county statute that specifically says that the role of the clerk is assigned to the registrar when it comes to election matters. What about the court’s ruling that basically all witnesses had to be disclosed by the contestors by 5:00 on November 25th, 2020? New legal challenges were filed Monday by a voting watchdog group seeking to nullify election results and by two Republicans who lost Las Vegas-area races. Kevin Hamilton: (01:51:29) I planned ahead to give each side approximately an hour. But even taken at face value, it fails to prove that which Nevada law demands, that illegal votes were counted in an amount equal to or larger than the margins between the candidates. "The court finds no misconduct, no fraud and no effect on the outcome of the election." They just said that it’s crazy that it happened. Judge Russell: (01:17:04) They fall far short of demonstrating 33,596 votes, the margin. The lead counsel for the Trump campaign lawsuit seeking to invalidate the presidential election results in the Silver State says he will present hard evidence of fraud when the case is heard Thursday. I did kill time going through that, and I felt that was probably the most important place to start. I just thought I’d give you a heads-up. And, Your Honor, this is where the wheels truly come off the train. Kevin Hamilton: (01:36:19) Judge Russell: (01:04:16) Kevin Hamilton: (01:41:37) Kevin Hamilton: (01:26:46) So it’s no disrespect to me or anything else and I don’t take it as being disrespectful and I won’t hold it against you. Any other arguments they have simply go to his to wait not to the admissibility and the wait should be, I think that they’re attacks on the data themselves are quite honestly. What about NRS 291.410, which talks about reasonable doubt? [crosstalk 01:16:38]. It seems like that. A federal appeals court panel on Tuesday is holding a hearing for a challenge to Minnesota's seven-day extension for counting absentee ballots after Election … One of the things they raised in the brief was that Joseph Gloria made a statement to the Clark County Commission on November 16, 2020, that his staff discovered discrepancies that we cannot explain and cannot remediate without a recount. In fact, it was not even produced to the defendants until after the deadline for filing all of the evidence to be considered by the court here today. Vote harvesting has its own problems, but the Legislature has in its discretion decided to make it legal. Kevin Hamilton: (01:42:44) It’s a narrative that’s been repeated in the media time and time again, traditionally media, electronic media, social media. The Trump campaign filed a new lawsuit Tuesday Nov. 17, two weeks after Election Day, claiming irregularities, suing on behalf of Trump electors in Carson City… The contestant alleged that no less than 500 provisional ballots were counted without the issues that renders them provisional having been resolved, but they provide no evidence that this actually occurred. And the reason that standing was so important and why you wouldn’t have a res judicata or collateral estoppel issue come up here is because essentially the argument wasn’t ripe yet. Now, of course they objected any depositions. But in a presidential election, perhaps this presidential election where the most passions were high, people felt very strongly and we have 42,284 instances of people voting twice. Nothing about the contest even remotely warrants the relief the contestants seek. And a lot of those people work long, a lot of those people are tired. Kevin Hamilton: (01:22:56) A Nevada election hearing was held on December 3, 2020 in Carson City after the Trump campaign claimed fraud in Nevada. There’s this beating of the drum saying that there’s no voter fraud, there’s no widespread voter fraud. Ballots not briefs decide election.” That’s not something that a court should have to remind litigants, but since the election one month ago we’ve seen the same pattern all across this country, baseless lawsuits filed by plaintiffs who simply not accept the fact that their favorite candidate lost the election to Joe Biden. And then finally, the claim fails for failing to comply with Nevada law. Judge Russell: (01:28:09) Where’s your access [crosstalk 01:09:42]. The defendants have cited law in other jurisdictions, but of course since this is a creature of statute in Nevada, it be more appropriate to look at how Nevada handles situations like this. Please be seated. Every legal vote was counted in an election like this. Mr. Binnall: (39:54) You’d think he would attach them to a declaration, that he would come forward with a report, that he’d name even one. I’m not sure what that is. They broke the law and committed a felon by passing those ballots. The state lawsuit Binnall and his team have filed is separate from a suit dropped last week by Nevada Republicans, who earlier this month alleged that thousands of people who no longer live in Nevada cast ballots in the November election.. The court orders each party to provide the proposed order, which includes findings to facts, conclusions of law, and the decision by 10:00 AM tomorrow morning for the court’s consideration. In one month, we have put together striking evidence that because of the lack of transparency, because things were rushed, this election was unfortunately stolen. He doesn’t. Kevin Hamilton: (01:34:22) The court is going to see in Clark County, unfortunately that didn’t happen. In each of these voting machine, you would put a USB disk and that USB disk was not encrypted or didn’t have security on it. Kevin Hamilton: (01:37:49) It is difficult for the voters to know that this election has integrity when you have situations like that, very, very unfortunate decisions like that, where you have situations where we are given a very short timeframe and have a problem getting the evidence that we need in order to bring it before this court because people know of that short timeframe and think they can simply run out the clock. According to Republicans, thousands of votes in Nevada were illegal: things like people voting twice; things like people voting in Nevada who live out of state, or even dead people voting. And we have one witness, I believe it’s Doe One, although I’ll verify that in a moment, who says that Mr. Gloria was inspecting voting sites with a Biden pin, wearing a Biden pin. They offer hearsay evidence from people who thought certain signatures looked strange. Once the vote, if it’s cast by mail, is taken out of its envelope, that is something we called separation. Earlier today, a Pennsylvania judge blocked the state from certifying the results of the presidential election until a hearing can be held on Friday. Jesse Binnall: (02:19:07) Thank you. How many were spoiled? It is so unfortunate that this election was administered in such a way that it was ripe for fraud, such as people packing the ballot box. That’s not impossible. So all of the factors we’ve submitted for issue preclusion. You just have to do it specifically because that’s the only way this court has an evidentiary record to making conclusions, to reach a conclusion that illegal votes were cast and for whom they were cast and by how many. As I mentioned earlier, he spent his entire career as a political operative for the Republican National Committee, admits that he didn’t actually perform the data matching upon which his analysis depends. It’s not like when you’re getting anywhere from 1.4 million ballots, those instances in which there are minor discrepancies in the numbers. It’s now clear that despite this flurry of last minute activity, it was all for naught. And the evidence that we're putting forward is breathtaking. It failed to allege with certainty which voters voted twice, which voters voted after they were dead, which voters voted after moving out of state, or even for whom those alleged ballots were cast or whether they even voted in the presidential election. And the only other allegation of malfeasance is use of the Agilis machine, and that fails for the same reason mentioned before. Or if those votes went one way they shouldn’t have gone. The cause of action sounds, at least in part, in fraud, and fraud, under other Nevada and the law of virtually every state requires a higher evidentiary standard. And they say they don’t know that she packed, that those ballots that she saw were packed. He’s a great guy to work for. Speaker 4: (01:07:42) How’s it all going? Especially the [inaudible 02:21:45] for the defendants given the short time in the period which was involved. Again, it’s most important that we look at the reliable credible evidence in the rule of law, looking at earnest 2-9-3-4 before 10. But that claim too has been thoroughly examined and thoroughly rebutted. A Carson City judge has rejected a bid by Republican attorneys to overturn the results of the election awarding the state's Electoral College votes to President Trump. Bannon's War Room home. [inaudible 00:16:28] makes it a kind of difficult issue in regards to this and may or may not make much difference in the ruling. That’s what recording at it…. If you can go back and start, I think you were at the end of the laches argument. They’re your father, your mother, your uncle, your brother. Oh, oh, oh. He’s used it in political data when he does it, he used it, not for purposes of being an expert witness in political data, but to make sure that when using a campaign or that when executing a campaign, they have the information they want to have on voters. If you’re alleging an individual, John Smith, voted twice, you have to name John Smith and prove for whom he voted. Kevin Hamilton: (01:18:24) In fact, it’s quite honest that they can’t attack the data itself. I go back to my very first point, Your Honor. A District court judge in Carson City, Nevada has ruled against the Trump campaign election challenge. And particularly striking is 42,284 votes from double voters. Jesse Binnall: (02:10:42) Bailiff: (01:11:29) There was no such supplemental report filed. Yeah, thank you. Mr. Binnall: (42:05) They said that there was no evidence that Doe one actually saw people changing votes. Instead, the manufacturer of the machines rests on claims of intellectual property for the code and whatnot that they have. He did neither. He spent several days avoiding service, knowing where he was, but we couldn’t get actual service on him. Mr. Binnall: (50:05) An example is that when the court gave us the opportunity to start discovery, we promptly got out a subpoena for the Registrar of voters in Clark County, Joe Gloria. CNN's Dana Bash reports Democrats and Republicans are negotiating whether impeachment witnesses would testify in person or have their statements entered into the official record. The information that this was based on that Mr. Kamzol’s supplemental affidavit is based on is data that was retrieved from the Department of Motor Vehicles at about 2:00 PM on Monday pursuant to a subpoena. As to the specific positions just laid out by the defendant, I’ll also start on the timeliness of the filing. That’s NRS 293-410, 2(c). So for all three reasons, Your Honor, I think the supplemental declaration should be protected by the court. Thank you with respect to this matter regarding that. And as soon as we receive this information, it was passed along to the data scientist for comparison with the list of people who had voted. Thank you. [Crosstalk 01:15:55]. [crosstalk 01:15:03] In fact, he told me that [crosstalk 01:15:03] We’re going to cop school. First, to the extent that the contestants based the contest on Clark County’s use of the Agilis machine or the failure to allow meaningful observation. Of course, you see in the evidence, the machine was matching about 30% of signatures and it took human beings to match up the other 70%. It’s easy to do that. None of them have reached contrary conclusions. I dare say that in a intellectual property or technical case, Mr. Campbell would never be admitted as an expert. All rise. Second, contestant alleged that the Agilis machine was improperly utilized because they’ve got the threshold at 40 rather than using a threshold setting of 50 that the machine is set on when delivered from the manufacturer. Democrats asked the judge to dismiss the case. And of course the circumstantial evidence is [inaudible 02:17:30] especially not with someone whose credibility is so strong. Speaker 4: (01:11:59) Mr. Binnall: (04:35) It would make no sense for that sentence to be read as increasing the value. He’s met the standards of being an expert, met and exceeded them. We cannot allow an election to be stolen. She’s very diligent, so. Judge Russell: (12:51) You had to show that you voted and if you voted, you would get things like raffle tickets, and many people were getting cash cards, gift cards, televisions, more. Thank you for allowing me to appear remotely. And someone that had worked in data science and analytics for as long as he has is somebody that has that experience that helps the court, is helpful to the court, not in giving legal conclusions, much of the questions that they asked Mr. Camsall are just legal conclusions which of course would never be acceptable as expert testimony, but the methods that he actually takes in order to compare one list to another. Judge Russell: (04:15) Same thing with respect to the allegation that votes arrived after the deadline for mail ballots were counted. The preclusion issue there, since the decision before wasn’t right that there was no standing, the parties are different, there is no preclusion here and that is still proper for the court to consider. Thank you very much. The default is always in a civil case preponderant to the evidence. Here’s where I would disagree with the court on this. We know the vote difference between the two candidates in Clark County, that would be one way to reach that conclusion. The only subpoena that we ended up getting from an outside party returned for documents, I believe… One of the only ones was from the Department of Motor Vehicles. The third category involves allegations of misconduct by the Biden campaign itself. Jesse Binnall: (02:18:54) Ultimately, and I know you don’t want me to argue the rest of the American [inaudible 00:16:15]. Elections Department 885 E Musser Street, Ste. Circumstantial evidence that sometime in the night, something happened to change those numbers. Thank you, Your Honor. This page automatically refreshes. Not these contestants. And so the case should be dismissed at the threshold. Carson City Judge James Wilson denied the request for a temporary restraining order to stop ballot counting, but scheduled an evidentiary hearing for Wednesday, according to The Nevada Independent. It’s exhibit 62, which is binder four, Your Honor. We couldn’t take 130,000 depositions. Judge Russell: (02:08:22) Speaker 4: (01:25:59) President Donald Trump made another appeal directly to suburban women voters during his Carson City, Nevada, rally Sunday evening, openly campaigning toward a … I appreciate it. Your Honor, every single one of these instances that we’ve identified has resulted again in the votes of honest Nevadans being disenfranchised. It just doesn’t happen. It fails to identify even a single voter…. I want to discuss some of the items that the counsel brought up in his argument. So for some reason [crosstalk 01:15:02]. The case Binnall will bring Thursday before a judge in Carson City, Nevada, makes more sweeping allegations, including claims that 42,000 voters … Mr. Binnall: (52:05) Your Honor, I agree with [inaudible 00:14:40] to the extent that the Supreme Court did not yet define clearly the burden of proof required in an election contest, but an election contest by its nature is asking a court to do an ordinary thing, which is overturn the results of certified elections. He promises a decision Friday, to allow either party time to appeal to the Nevada Supreme Court. The phone got disconnected. And the way to do that is to make sure that improperly elected electors don’t represent Nevada in the electoral college. All right. Jesse Binnall: (02:20:54) Those are the kinds of things that happen in every election, but you know what they’re not? Judge Russell: (01:00:38) Those are the people that run our polling places and make our democracy work, and they work long hours. Thank you. Mr. Hamilton: (01:04) There’s never an instance where that would be an acceptable thing to do. Thank you for the opportunity to appear remotely. He didn’t do the critical data file matching, can’t testify for the match rate of the false positives or the error rate. The suit seeks to have Trump declared the winner or that no electors be awarded due to fraud and irregularities. The next category of claims advanced in the contest is illegal or improper votes. Speaker 3: (01:11:59) The contest filings are available here. We tried to serve Mr. Gloria personally at his house. There’s no evidence to support these allegations, no specific evidence, no specific voters or ballots, no knowledgeable witnesses with relevant and admissible testimony, expert or otherwise. I’m not making a decision which way, I just kind of wanted to get a flavor for everybody in what the court’s going to look at. A hearing on the new case was not immediately set. And in the middle of the night, what they would do is they would log these disks in and out. From a policy perspective, that’s the right answer, too. And you know what? I appreciate that and I thought that might’ve been easier, but I appreciate you covering that. See. Judge Russell: (01:45:01) But even if the claim were technically barred by the issue preclusion because of the Kraus decision, that decision is certainly persuasive authority for the proposition that nothing about the Agilis machine or how it was used by Clark County wasn’t even remotely improper.

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