county says they cant produce them now that they are with the SOS and sealed.....but they are held for 2 years in the event they need to be examined ...its a race now to see if the deep state can cover its tracks before the GA voters get there hands on it thru the proper channel ( i literally cannot belive the custodian said he was busy with the biggest election in history while he was answering questions as to his only job during said race-to be the keeper and responder to of records requests "of the biggest election in history" his words----twilight world
so in closing they are leaving this open for the day so the county can provide docs to support whether or not he is the custodian, they wont decide to unseal off of this hearing & Rossenberg is literally a piece of crap that on one hand says the buck stops here then threw mariska under the bus and pretended he didnt know a leading publication i the field...CROOKS--decsion in 5 days....we need to watch the clerk who has the ballots all entrances need 24/7 surveillance
JUDGE another question- we have a sit. where it apepars mariska can respond diectly and that is valid but the 3 day period doesnt trigger by the same email since its not you WIT- thats right thats what the statute proivides , as a general customer sertv ice she should have sent it to me but that did not happen (what about the system gerneated email bitch) JUDGE cites b-2 something and says evidence says you are custokdian of record WIT yes Judge thank you
Cheeley redirects OCGA 50-18-70 Cheeley sub sec A read public record defintion -wit i have read those words a lot Cheeley sub B read aloud -order of court docs shall be open for personal inspection to any citizen and those in charge shall not prhobit-wit ye si read that alloot Cheeley nowhere does it say 50-18-70 that ballots are exempt- wit it does not say any exemptions Cheeley rests ringer redirects ringer explain that response - wit i was aware that once they are certified then they are under seal and no longer subject, wit goes on to say i could have said they weretn with the dept, that was a big sighj i hope that weasnt from the judge hahahhe laughs judge starts counting days from christmas ans goes to fulton county holiday recognized as holiday for purposes of this statute , what is the support that you have for that? WIT - a long time ago i looked at this, i dont have good answer, i can tell you we dont treat it as a business day , if its late I am sorry , i dont know the legal efect for open records JUDGE 21-b-500 says 2 years under seal by clerk of sup[eriuor court so at that point u conclude the 24M and u have a grand jury proceedings where grand jury review then they can be destroyed? is that your understanding WIT yes that is my understanding Judge then tell me why grand jury invovled WIT i can only guess but apparently reviekwing ballots to check for irregularties JUDGE under what circumstances do you belive its approp. for a sup court to unseal & what is purpose of sup. court to unseal WIT - i would not want to begin to answer that check with ringer JUDGE another question- we have a sit. where it apepars mariska can respond diectly
Cheely rests ringer redirect ringer do u supervise mariska -wit no i overssee but i cant take corrective action etc same for the other liasons ringer correct # of atty s in opffice wit says there are less than i said ringer do you see her workload- wit yes i can override whatever i want and help where i can but i dleegate to her ringer 3 days to oresppond what type of resposne is requires- wit to my knowledge records in 3 days and then timeframe to be provided and cite exemption sna dmore than 15min to procur you have to advise that ringer what would cause recs to be unavailble? wit archived files, pandemic going on and national election going on and your resources are spent trying to run election & i ask that people do the bes they can and provide a t/f when shit gonna run long(parraphrasing here) (als so disenguine answer he says biggest election then says he didnt give a shit about a request regarding that ) ringer rests
2 questions about videa and underlying case ringer objects and judge scolds Cheeley Cheeley what did you practice before this-wit criminal law actually Cheeley do u understand if you respond bad u can waive your right to object later-wit generally sure Cheeley in this context fulton did not cite any statute that gave them the right to withold?-Wit maybe not that code mariska said might be valid and even so i dont know if statute citation required when not responding Cheeley do you know of any code that allows ballots to be exempt yes or not-wit mariska citation may and i have not researched it so i wont say Cheeley GA open recs law requires gov must popint to exemption if a claim is to be made that exemption is applied-wit that troubles ome where did you get the general assembly Cheeley gen ass. makes laws u know that wit yes Cheeley u agree they are resp. for laws- wit they are a part of it WIT court records are subject (red herring) Cheeley gen ass. has exhaustive list of not subject - woit its a list and there is more under law Cheeley are you aware mr cannfield in ---ringer objection wit does know of canfield publication (sour puss he knows this publication) Cheeley court order something - wit im not aware of case law saying you can disregard
judge calls for recess for help ringer does E37 have #5 as 2nd page Cheeley yes judge back start with #7 and reask Cheeley mariska gave us one response and it covered both requests 28th & 29th-WIT I DO NOT, as i see them on portal there are two requests and two responses & mariska response had SOS guidance that says balklots are exempt Cheeley lets see if we can agree on this- PLTF #5 - Cheeley u see 29th req asks for paper ballots for all mail in and abstee counted in general elecotion, spoiled paper ballots cast or unable to be scanned, paper adjuscated ballots-wit agrees he sees that Cheeley is your testimony that for those items there is statute that noone can have access certified or not?-wit i think that the provision you read earlier may well say that, we are going to agree to disagree Cheeley that code seciton is election day wit - i wanna clarify- when i was advsied i was to testify i was unawre u had supplementned your requested , mariska provded imagaes are not subj to releease Cheeley lets cut to the chase - proper requests to the portal or not- wit me personally they were proper Cheeley then only rub is does GA let us se the ballots-is that fair summarry?-Wit i dont have an intrest but i will say dept does not want to give you this info , may be that inapprop. to charectize(holly shit) Cheeley where are the ballots- wit i dont know Cheeley are you aware spoilation order- wit no im not familiar with that Cheeley its a fact fulton did not make avaialbe or produce the abstee ballots per request-wit yes i pressume so we are hear Cheeley also true from E#5 29th request paragraph 5 & 6 none was provided - wit let me look #6 is not a question, wit reads, #6 is poorly worded , #5 she sent you to the website, the remainder is mostly ballot image which she told you were exempt Cheeley u understand req dont request source code? Wit u are beyond my knowledge of dominion, the word source code is not within this reoquest
Cheeley i wanted ballots in the request-Wit Sure Cheeley E#7a is summary of docs presented (635 pages) & none were related, do you see anywhere where she made those avaialble?-Wit i recall she directed you to the website and u pulled down everything from website(wit be cucked bois) Cheeley again repsonse was not responsive to ballots asked for?Wit goes to docs see what was attached "interesting" mr Cheeley maybe we are missing each other but mariska , hang on , is this the same request and wit reads from response Cheeley you gotta see both of them-Wit they are different Judge which exhbit are we looking at? page 2 E7 ringer pltf E#5 is that one, Cheeley yeah that the the response that both were included on WIT we get 100-200 at anytime and because zoom is how we are , can i log in and pull up the portal to verify this response is the one? ringer says ok jusge asks if he has the docs Cheeley says it shte drop box we talked about Wit asked to repsond judge says wait a minute
open governemnt guide section referenced what is exempt vs not Cheeley then asks if its wit job to stay up to date on what is vs is not subject Ringer objects - Wit said he doesnt know the doc Cheeley - case law cited and davis vs city of macon case identified- Wit OK ive not read a brief in long time Cheeley- do you agree? Cheeleys reads words from case , do you agrere business out in the open for governemnt-wit agrees after hesitation moves to pltf E#12 adnitted w/o obj Cheeley begins question-ringer objections citing custodian dont know nothing-judge says u crazy mariska worked for him so ill allow it Cheeley reads code cited from mariska response (wit head bobbin along) Does that have anytjing to do with the request?-Wit i cant keep it in my lizard brain but i heards noone can touch it that is not deputized Cheeley argues with him and drops soem knowledge on the sucker Wit now arguing the code and recites SOS gave similar guidance that noone should be touching ballots Cheeley- GA law requires retain ballots for 2 years-Wit are we talkign about sent to clerk office I think thats right Cheeley if noone could touch those why would we save them?-Wit umm umm i disagree i can envision why we hold them and font let them Cheeley Do you have aproblem with our inspection of them-Wit no feelings about it whatsoever
+Cheeley begins questioning How did request end up with the Mariska if it did not come from you, Wit-i would get email but but she could work the ticket, how long Mariska been reporting to you, Wit-atleast 3 years, People can email in addition to portal-Wit affirmed, Def Exhbt#2(chain of emails from favaritto to mariska)-wit afirmed, DE#2 was sent to 5 people including ringer atty, is email valid request?-Wit he drags on answerign its valid but 3 days does not start till he gets it, We agree request was proper-Wit affirm (pltf e#5&7), you are not contesting proper notice-Wit affirmed and added 3 day didnt start, +Ringer reviews Petioners exhiit 12 appears to be called 7a & 7b, ringer to email witness the docs +technical problem from cheeley +Ringer Mr chilley can you hear us? Wit waiting, Ringer direct court to email & judge takes a little offense +Cheeley-Do u have PE#12-wit yes, Wit adds the email was "challenging" impling worded badly(wit smiles like its funny) +Cheeley Do you see the "not subject to records request?-Wit affirms, Cheeley cites the code that Mariska used to deny request and witness says he would not have done that as he is not familiar with that code section +Witness says its a legally adequat resposne even though its not accurate +Cheeley can u tell me what code section do u contend exempt cast ballots from being anayzed in response to open records quest-Wit-21.500 after certifiecation and witness then goes on to explain once its certified they are under seal and asks if he is correct... +Cheeley what code is county relying on?Wit-when i got request ballots were already certified which is correct wit goes on to explain if that was wrong then tyou can ammend(bingo) +Cheeley what about the discarded ballots?-Wit reads request and says and response and says "intersting" and says u would have to ask mariska and "this is far from a perfect response" +Cheeley before lunch you said you did not love the response?-Wit affirms +Cheeley is mariska a lawyer- Wit no as far as I know +Cheeley so you delegate requests to nonlawyer peeps? sometimes we mess up , do i get invovled in every one? no but i cant say exactly what happeneed +Cheeley is it unlawfaul request-Wit no it lawful properlly submitted +Cheeley mariska saying its an unlawful act you dont agree with then? Wit drams on and gives example unrelated to question citing he cant get into her head +Cheeley the ballots in querstion dont disclose voter info- Wit i dont know its not my dept. i have never seen a cast ballot +Missed one +Cheeley did you review the response mariska sent out-Wit i did not +Cheeley is it your job-Wit we get a lot sory we messed up +How many lawyers are there?-wit unclear +Cheeley asks again 40-50 lawyers in fulton law dept, are you othe one man show-Wit yes only atty If mariska reports to you and she is being told to respond then she has to ask you?Wit she can ask you and my presumption is she is aware of wht to do vs not maybe i will reeval her after this +Cheeley did u train mariska or supply code about election - wit i dont want to infringe on atty client but sure ive done that +Cheeley GA 1st ammend foundation packet on open government referenced,
post recess 13:18: +Cheeley advises he emailed a summary of all the docs produced responsive to plaintiff exhibit #7 (demonstrative aid of the 600+ pages were sent responsive to original request)(entered w/o objection as PLTF exhbt 7A) //Rosenberg headphones are loud and judge finally says something +Cheeley points out the cover of the 600+pages +Cheeley begins cross exam of Steven Rosenberg
garth and marth