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Ga. Judge Slams State’s Bid to Depose Clerk in Election Case

Law360

21 Mar 2022

David Cross spoke to Law360 about U.S. District Judge Amy Totenberg denying a bid by Georgia Secretary of State Brad Raffensperger and other state election officials to depose or get an affidavit from a former judicial clerk who had assisted her in a long-running dispute over Georgia’s voting methods, calling it an “unwarranted intrusion” into her decision-making.

David, the lead attorney for the plaintiffs, said that Judge Totenberg’s frustration with the defendants is well-placed, “given the absurdity of this request and the baseless implication of impropriety by the judge or her former clerk,” adding that he’d never before seen such a request.

“It’s especially improper given I already shared with the state everything there was to share before they presented this issue to the court,” David said. “We took no position but made clear to the state that there was no more information to be had here and nothing improper occurred. I even offered to provide a sworn affidavit myself at their request but they persisted with this.”

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