BREAKING: "Arizona Kraken" Case DISMISSED By U.S. District Court Judge Diane Humetewa - No "Gossip and Innuendo"; READ Decision

UPDATE, 12/10/20, 10:20am: The Arizona Kraken plaintiffs have appealed last night's defeat. The Notice of Appeal indicates that they are - correctly - appealing it to the 9th Circuit. Here is the Notice of Appeal.

Technically, they are appealing both Judge Humetewa's dismissal of the case, and her subsequent denial of their Motion for a Preliminary Injunction.

Arizona Kraken - Notice of Appeal by arizonaspolitics on Scribd

Original article, 12/9/20, 4:50pm:  BREAKING: "Arizona Kraken" Case DISMISSED By U.S. District Court Judge Diane Humetewa - No "Gossip and Innuendo";  READ Decision

In a decision surprising few who followed the case, the "Arizona Kraken" case brought by Arizona GOP Chairwoman Kelli Ward and Arizona's Trump Electors was dismissed this afternoon by U.S. District Court Judge Diane Humetewa.

Her conclusion was scathing: "Allegations that find favor in the public sphrere of gossip and innuendo cannot be a subtitute for earnest pleadings and procedure in federal court. They most certainly cannot be the basis for upending Arizona’s 2020 General Election."

Another interesting note from Judge Humetewa's exhaustive Order dismissing the Arizona Kraken case: She agrees that it is "conceivable" that Dominion voting systems could do bad things, but the bolus of tabulated ballots on E-night was more likely normal counting of early ballots from Maricopa and Pima Counties.

Judge Humetewa: "Plaintiffs have not moved the needle for their fraud theory from conceivable to plausible, which they must do to state a claim under Federal pleading standards."

That means that all seven of the Arizona lawsuits contesting the results that Arizona supported Joe Biden over Donald Trump by just over 10,000 votes have now been resolved. However, AZGOP Chair Kelli Ward says she is considering appealing yesterday's ruling by the conservative Arizona Supreme Court to the U.S. Supreme Court.

The judge heard oral arguments yesterday - the Safe Harbor Date under federal law - and promised to do her "level best" to issue the decision within 1 1/2 days. She took that right to the wire, and kept many court-watchers holding their breath. It is unclear whether the decision coming one day after that safe harbor mark will permit Trump loyalists/Republicans to challenge Arizona's electoral college slate in Congress in January. There are arguments that this lawsuit to "de-certify" was not an "Election Contest" under Arizona law did not impact the November 30 canvass (i.e. certification); it may be yet another legal action in the making.

Today's loss was in a case brought by former Trump attorney Sidney Powell, Arizona counsel Alex Kolodin and a host of other attorneys. Surprisingly, yesterday's argument was handled by Juli Haller - who worked on the 2016 Trump campaign, has been an attorney in the White House, and still lists herself on LinkedIn as working for the Administration (HUD).

It put forward a variety of theories on how the election results might have been tilted in Biden's favor, with the Dominion elections equipment at the heart of the challenge.

Arizona Kraken Order Dismissing by arizonaspolitics on Scribd

(This is a developing story. Check back for any updates.)

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