#dcop

The ACLU requested copies of the relevant documents, but Kobach refused to produce them, saying they had nothing to do with amending the NVRA. The dispute ended up in front of a federal magistrate judge, who eventually required Kobach to produce the documents for a private in camera hearing (meaning no one but the magistrate could see them). Lo and behold, it turned out that Kobach had lied his ass off about what the documents were. The magistrate was none too happy about it, and imposed a substantial fine.

“Defendant made 28 patently misleading representations to the court about the documents, which at the time had not been produced to either the court or plaintiffs, such that the court was required to take defendant at his word. ... Upon in camera review of the documents, the undersigned learned this is clearly not the case. ... Defendant’s statements ‘can be construed as word-play meant to present a materially inaccurate picture of the documents.’ The court agrees with plaintiffs that it would have been obvious to any reasonable attorney... There is a difference between putting evidence in the best possible light and blatantly misstating the evidence.”

Kobach asked the federal judge overseeing the case not to approve the magistrate’s recommendations, but the judge affirmed the decision and the monetary sanctions. Kobach has appealed. (He also tried to appeal the court’s order requiring him to submit to a deposition in the case -- just like every other litigant in every other case is obligated to do -- but his appeal was rejected.)