Far from frivolous -- the problem is practical and lack of jurisdiction because didn't give Dist. Ct. time to act. Part of that is on the Dist Ct for taking 4 days to settle assignment issue. Bennett focused on State expert saying "This can't be done as envisioned by Feds". SCOTUS would say "We have less than perfect election processes all over the country every year. Problems identified in Calif are up to political branches to fix." BUT -- Calif has now admitted there is NO MECHANISM to challenge a mail-in ballot. The challenge mechanism involving sequestration and cancellation of a vote is at the precinct for in-person voting. There is no provision in California law for challenging mail-in votes. So the Calif system is rigged by requiring attestation only, and then having no process where that attestation can be challenged such that an illegal vote won't be counted. Once the ballots are mailed, the illegal votes are baked in. DOJ has other option now -- prosecute all who return ballots. Issue GJ subs to the State of California for voting records of every person they suspect. Don't need PC for a GJ subpoena. This is how California wants to play it,.

California to the Ninth Circuit: "Because we have already begun tabulating mail in ballots and there might be illegal ballots among those already cast that we can't segregate, we are obligated to finish this election out by continuing to count illegal ballots for consistency."