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Kris Kobach CrossCheck 5 of 5

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Posted on June 23 2018

 

Kris Kobach Contempt of Court, redux, as previously discussed here.

The Kris Kobach

5 part Series 

 

Part I of V Contempt of Court x2

Kris Kobach Mr (self appointed) King of Voter Suppression, discussed here

 

Part II of V - Swindling Small Towns 

Kris Kobach’s hardline anti-immigrantion, anti-Muslim pretty much Kobach is the mini Donald Trump. Kobach helped many municipalities draft and codified unconstitutional laws. Kobach’s lack of fundamental constitutional rights nearly bankrupted two tiny towns, as previously discussed here 

Part III of V - Ethics so many Ethics

As you known, when you take the oath to become an officer of the Court, said oath taker is bound by the professional rules of conduct. Time and time again Kobach has violated the Kansas Supreme Court Canons. Numous Article III Judges have found Kobach “lacked candor” and repeatedly warned Kobach “is an officer of the Court”. What many do not understand is other officers of the Court ARE required to report misconduct. And Kobach has a long history of, purposefully misleading, blatantly lying to the Court and capitulation when a Judge calls him out. As discussed in painful detail here.

 

Part IV of V -  CrossCheck 

You should see if your State participates in Kobach’s CrossCheck Program. If it does there is a VERY high likelihood that your personal identifiable information (PII) has been shared with other States absent your authorization. I do not say this lightly, Kobach’s CrossCheck Program is a cancer and a clear & present danger to our electoral system and our democracy. Full Stop. As previously discussed here.

 

To say that Kris Kobach is a vexatious litigant, might be the nicest way I can describe the growing list of awful about Kobach. The man should be interviewed by Donald Trump to be “cast” in Trump’s reality TV Program: “Where is my Roy Cohn” because Kobach’s command of subterfuge and straight up gas lighting would make Kobach. Oh wait Trump & Kobach already did that with the now defunct:

 

Election Integrity Commission 

That Commission was a shame. Nothing more than to stroke the fragile ego of the Toddler-in-Chief. It would be lovely if I could have simply retweeted the dozens of twitter threads, but nope all that data is gone. Nevertheless, see the January 2018 NPR Article, found here.

Now I draw your attention to the June 12, 2018 Plaintiff’s (ACLU et al re Fish v Kobach) response to Defendant Kobach’s bizarre & offensive “pro bono” argument. Keep in mind this was AFTER a Federal Judge ruled in favor of Fish et al regarding the legal fees that Kobach, through his direct actions created:

“Plaintiffs therefore amend their requested fee award to include Mr. Ho’s time listed above, increasing their total fee request by $2,610, or from $49,637.04 to an amended total of $52,247.04.’

 

June 12, twitter thread and link to the motion:

 

 

🚨June 18, Judge Robinson ORDER & Opinion 

In a 118 page Order & Opinion Judge Robinson rendered a three prong bench slapp finding in favor of the Plaintiffs, used incredibly strong language towards Kris Kobach and literally (and figuratively) sent Kris Kobach back to school.

A quick summary of this particular case:

in 2011 Kobach wrote and defended (BTW a violation of Kansas Supreme Court Canon, see Part III above) this onerous and unconstitutional voter ID law. Kobach’s law made it increasingly difficult for legitimate voters to exercise their constitutional right of casting a vote. As a result, Kansas saw new voter registration declined 12%. Kobach’s Voted ID law disproportionately impacted voters of color, voters lower on the socioeconomic “scale” and older voters. But I suppose that was Kris Kobach’s original intent when drafting this onerous law. Simply put Kobach’s 2011 Voter ID law is Voter Suppression at its very worst.

The Judge stated:

..”tens of thousands of eligible citizens [who] were blocked from registration.”

 

‘The Court finds no credible evidence that a substantial number of noncitizens registered to vote”

Court’s findings of fact, there are only 39 confirmed noncitizens who successfully registered to vote between 1999 and 2013 when the DPOC law became effective. This is but .002% of all registered voters in Kansas as of January 1, 2013 (1,762,330)

 

 

The Judge went on to say:

...”the law disproportionately impacts duly qualified registration applicants, while only nominally preventing noncitizen voter registration,”

 “If eligible Kansans’ votes are not counted despite believing they are registered to vote, it erodes confidence in the electoral system.”

 

And lastly but most importantly, in Judge Robinson’s ruling, which resulted in permanently “blocking” the law, the Judge concluded:

that the magnitude of potentially disenfranchised voters impacted . . . cannot be justified by the scant evidence of noncitizen voter fraud.”

 

And YES the Judge ORDERED Kris Kobach back to school, read the Judge’s justification below. It’s fantastic:

The disclosure violations set forth above document a pattern and practice by Defendant of flaunting disclosure and discovery rules that are designed to prevent prejudice and surprise at trial.

The Court ruled on each disclosure issue as it arose, but given the repeated instances involved, and the fact that Defendant resisted the Court’s rulings by continuing to try to introduce such evidence after exclusion, the Court finds that further sanctions are appropriate under Rule 37(c)(1), which permits, in addition to exclusion of the evidence, “other appropriate sanctions.”

It is not clear to the Court whether Defendant repeatedly failed to meet his disclosure obligations intentionally or due to his unfamiliarity with the federal rules. Therefore, the Court finds that an additional sanction is appropriate in the form of Continuing Legal Education.

Defendant chose to represent his own office in this matter, and as such, had a duty to familiarize himself with the governing rules of procedure, and to ensure as the lead attorney on this case that his discovery obligations were satisfied despite his many duties as a busy public servant.

The Court therefore imposes a CLE requirement of 6 hours for the 2018-2019 reporting year in addition to any other CLE education required by his law license. These 6 additional hours must pertain to federal or Kansas civil rules of procedure or evidence. Defendant shall file a certification with this Court before the end of the reporting period on June 30, 2019, certifying that this CLE requirement has been met.

 

See pages 113-118, link to the ruling is the 3rd tweet in this thread.

 

And NOW Part V of V

ClassAction CrossCheck 

 

June 21, 2018 the ACLU v Kobach

In the newly filed lawsuit against Kris Kobach, citing the security and privacy practices of his the Interstate Voter Registration Crosscheck Program. The Complaint reiterates the weak security measures measures or lack there of, which allows access to the private personal identifiable information information of voters. The ACLU cites the flawed methodology of Kobach’s CrossCheck Program as highly flawed, with nearly 99.5 percent false matches and other various high security risks.

 

The lawsuit goes on to cite a specific change in Kobach’s “CrossCheck” infrastructure in 2017, as well as pointing out the prolific use of unencrypted emails even though Kobach & CrossCheck were transmitting partial social security numbers, date of birth, passwords and user log in...the ACLU points to a 2017 incident that exposed thousands of Kansas citizens information.

 

 

I now refer you to pages 4-6, which reads in part:

November 2017, the Florida Department of State Division of Elections (hereinafter “FDE”) released the name, date of birth, address, and partial social security number of 945 Kansas voters, including that of the Plaintiffs.16 The exposed information was shared by Defendant Kobach’s office as an unencrypted attachment to an email sent to FDE.

vaguely committed to making routine upgrades to server security in his capacity as the operator of Crosscheck, he has yet to acknowledge the Kansas Secretary of State’s office plans to improve data security practices as a Crosscheck participant, including changes to open records protocols.


Defendant Kobach has and continues to recklessly expose private voter data by sending sensitive personal information to participant states that cannot guarantee the confidentiality of these records. Further Defendant Kobach continues to neglect the adoption of adequate
security protocols such as encryption transmission practices. Doing so violates voters’ constitutional right to privacy and circumvents state public records laws that prohibit the release of social security numbers.

Accordingly, Defendants’ actions should be enjoined and he should be held liable, in his individual capacity, for violations of state law.

 

 

If you think Kris Kobach is “good” for America, then you haven’t been paying attention. Time and time again the facts prove that Kris Kobach is an Ethically challenged “officer of the Court” and his ability to practice law should be questioned. In the 9 separate cases I’ve followed Kobach has an actual pattern of deception, misleading statements and inability to follow the Rules of Federal Procedure. I don’t say this lightly, Kris Kobach should be disbarred as in a lifetime ban of practicing law. Kobach has consistently proven he is a liar, a fraud and thinks he’s above the “code of conduct”. But if you people in Kansas Vote Kris Kobach as your next Governor, then that’s on you. In my opinion Kobach should not hold public office, ever.

He has left a long trail of victims in his path. He nearly bankrupted two tiny towns. His “laws” have cost tax payers tens of millions of dollars. Yet Kobach refused to pay the $1,000 sanction. He had YOU the tax payers in Kansas foot HIS sanctions bill. Kobach has consistently proves how (morally and ethically) unfit he his. Kobach truly thinks the rules do not apply to him. For the life of me, I can not figure out why the people of Kansas keep electing Kobach. The only rational conclusion I can draw is Kansas has a lot of bigoted racist or a lot of willfully ignorant voters. What other rationale is there? Full Stop.

This is WHO Kris Kobach is...

 

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