King v. Whitmer
CIVIL 20-13134 (E.D. Mich. Aug. 25, 2021)
change the fact that a reasonable inquiry was not
done before Ramsland's initial affidavit was
presented.72
72 It is unclear from counsel's answers to the
Court's questions at the July 12 hearing
whether Plaintiffs' attorneys questioned
Ramsland about the startling numbers in
his affidavit before it was filed or after.
(See ECF No. 157 at Pg ID 5395-96
(Kleinhendler explaining that he asked
Ramsland about “these numbers” and
“[Ramsland] said, ‘Yes, yes, I did question
them. Yes, I did review, and yes, it was an
error' that he corrected on his reply
affidavit.”).)
However,
even
if
Kleinhendler questioned Ramsland about
the numbers before the affidavit was filed,
such inquiry clearly was insufficient
considering the readily available data
contradicting them.
For the reasons discussed in subsections a-e
above, the Court concludes that Plaintiffs' counsel
presented pleadings for which the factual
contentions lacked evidentiary support.
3. Whether Plaintiffs' counsel acted with an
improper purpose in violation of Rule 11(b)(1)
The Court already concluded that Plaintiffs'
counsel acted with an improper purpose when
affirmatively labeling as an “illegal vote dump”
the 100, 000 ballots discussed on the news, despite
failing to inquire as to the gaps that established the
relevant affidavit as nothing more than conjecture.
Evidence of improper purpose can also be found
in their decision to label as “eyewitness
testimony” an affidavit that does not state that the
affiant saw election workers manually changing
votes, especially when opting not to even ask the
affiant if she saw such a thing. And still, evidence
of bad faith abounds.
First, Campbell filed an emergency motion within
hours of the July 12 hearing's conclusion, asking
the Court to publicly release the recording of the
proceeding. (ECF No. 152.) In that motion, some
of the attorneys representing Plaintiffs argued:
[O]n June 17, 2021, the Court issued an
order that “[e]ach attorney whose name
appears on any of Plaintiffs' pleadings or
briefs shall be present at the motion
hearing.” [ECF No. 123.] Media around
the country picked up this story, including
large internet news sites such as Yahoo,
The Hill, and MSN....
Indicative of the public's interest, the
Sanctions Hearing, at its peak, “attracted
more than 13, 000 people watching the live
video” on YouTube as broadcasted by the
Court. The national media, from the
Associated Press to CNN to the New York
Times, ran stories on the hearing. Most
outlets presented a narrative that counsel
for plaintiffs believe to be incorrect. Those
characterizations may change if the Court
republishes the video and allows others to
view it.... [T]he recording is no longer
available on the Court's website.
Consequently, counsel is unable to refute
what they believe to be public
mischaracterizations....
There was a lot of “spirit” in the hearing in
this court, which the public should be able
to experience in its entirety-enabling
citizens to draw their own inferences from
the presentations instead of depending on
media presentations.
(Id. at Pg ID 5284-89 (emphasis added and
footnotes omitted).)73
73 Plaintiffs' attorneys also asserted that the
video would assist them with the drafting
of their supplemental briefs; however, this
justification for releasing the video was not
made until late in their brief and was
addressed in only two paragraphs of the
15-paragraph submission. (ECF No. 152 at
Pg ID 5289-90.)
37
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