Second quick break.
Orly has now changed her argument to claim that she is suing the Hawai’ians individually and not in their official capacities. Mr. Dukes said that she failed to sue them as individuals because she served them through their work, and so official capacities, through which they have immunity.
Orly counters that the fact that the Hawai’ian AG was not in court but that Onaka and Fuddy hired Mr. Matheny and associate is proof that they weren’t sued officially but as individuals.
Mr. Dukes said their representation agreement was with the Hawai’ian AG. Orly went white. The court ordered Mr Dukes to file a Motion to Dismiss on this point by Tuesday, Orly to respond two days later.
(Muddled notes here.)
Court to Orly: Point me to the statute that says the SoS can be ordered not to certify the vote.
As Orly goes through several statutes, Mr.Matheny brings out copies of each one and says “oops, it’s not here. Nope, not in this one, either.” (In a lawyerly way,not flippantly) The court cannot enjoin certification through these.
Mr Matheny pointed out that the certification is only to the numbers anyway, and not the validity. Is Secretary of State’s only statutory duty. And besides Mr. Rmoney won MS, so if she enjoined certification, it would be against Rmoney, not Obama.
Court: “None of your relief gives you what you want.”
More to follow at next break. It’s 4:30 their time, the court indicated it might go as late as 6pm.