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2020 Election Robocallers’ Opposition to Exclude Trial Testimony ‘Without Merit’: Plaintiffs

The opposition of 2020 election robocalling defendants Jacob Wohl and Jack Burkman to the plaintiffs’ motion in limine to exclude the testimony of former defendant Robert Mahanian from trial (see 2307180063) is “without merit,” and not just because it’s untimely,…

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said the plaintiffs’ supplemental reply memorandum Thursday (docket 1:20-cv-08668) in U.S. District Court for Southern New York in Manhattan. The defendants provide no basis for how the Southern District of New York “could compel the testimony of a witness who is beyond the 100-mile radius” of the court’s jurisdiction, said the memorandum. Wohl and Burkman face a Dec. 11 jury damages trial for their roles in trying to suppress Black citizens’ mail-in votes, and the plaintiffs allege the defendants are seeking to shift culpability to Mahanian to lower their damages exposure. Mahanian runs the voice broadcasting vendor Message Communications involved with the robocalls and settled the allegations against him months before U.S. District Judge Victor Marrero granted summary judgment in the plaintiffs’ favor.