The U.S. Department of Justice has taken the highly unusual step of filing a Statement of Interest in a Michigan trial-court case — telling the Court of Claims that electronic poll book data, including all metadata, are federal election records and that Secretary of State Jocelyn Benson is responsible for preserving them. Statements of Interest from the Justice Department in pure state-court cases are rare. It is even rarer for DOJ to intervene at the trial-court level rather than on appeal. It is rare for the department to appear in a state trial court at all. The only recent election example is a 2022 Wisconsin circuit court case over absentee ballot witness addresses. Read the rest of the story, link in the comments.

BENSON ORDERED CLERKS TO DELETE ELECTION RECORDS. A CLERK SUED. BENSON ASKED A JUDGE TO THROW IT OUT. TODAY HE SAID NO. ON EVERY GROUND. THE CASE IN 30 SECONDS The electronic poll book is the laptop record of everyone who checked in to vote at your precinct. Michigan Secretary of State Jocelyn Benson's new state rule says clerks must DELETE it 7 days after the election is certified. Federal law says KEEP it 22 months. Destroying it early is a FEDERAL CRIME. My client, Bridgewater Township Clerk Michelle McQueer, asked the State which law to follow. ELEVEN MONTHS. NO ANSWER. So she sued. WHAT HAPPENED TODAY: - The Court of Claims denied the State's motion to dismiss. COMPLETELY. - The State said she waited too long. DENIED. The court: it "cannot fault plaintiff for waiting." The power to answer her "was completely in their hands." (pp 19, 21) - The State said she skipped the process. DENIED. The court: it "will not support defendants delaying in resolving the administrative proceedings and then fault plaintiff for filing suit." (p 19) - The State said a clerk can't bring this case in any court. DENIED. The court: she sued "to ensure that she ... complies with state and federal law and therefore will not be criminally charged." That's not the kind of case the State's cases are about. (pp 21-22) - And the order protecting her records STAYS IN PLACE. WHAT THE JUDGE WROTE: The State said criminal liability is "speculative" because DOJ hasn't prosecuted anyone yet. The judge, in Footnote 3: "The Court finds this contention to be quite remarkable and reckless." And Footnote 5: "Plaintiff's suit also could derivatively save the SOS from being criminally charged federally." READ THAT ONE TWICE. FROM THE HEARING, SEPTEMBER 16: - To the State's lawyer, first sentence: "Off the top, you lose on the laches." (p 5) - When Benson's lawyer argued the burden on the State: "You're arguing practicalities. But you know what? I have to comply with the law. I have to follow the law." (p 11) - On calling out the State's specious claim that a clerk can't bring this case: "I'm with you on that. You're right." (p 16) - The State's own lawyer, on the record: "You're not going to hear a merits argument from me." (p 11) WHAT'S NEXT: The State now has to defend the rule on the merits, which it has AVOIDED SINCE THE START. Benson's lawyers promised in court to issue rulings on her requests within two weeks. Once those land, both sides file, and the judge decides whether a state rule can order clerks to delete what federal law says to keep. ONE CLERK. TWO LAWS. A JUDGE WHO READS AND CARES ABOUT THE LAW. Full opinion (Sept22): tinyurl.com/pollbookruling Hearing transcript (Sept 16): tinyurl.com/pollbooktranscri… Let's make Michigan safe, normal, and responsible again! 🇺🇸 @MIGOP @MI_Republicans @Th_Midwesterner @MINewsSource @stevegrubershow @MrJustinBarclay @JonathanTurley @RobGouveiaEsq @downi75 @Mike_Cox @MrAustinPredict @gatewaypundit @honestpollster @mifairelections @dcexaminer @MZHemingway @jsolomonReports