I don't know if this will be heard in front of Anderson or Smith. I assume Smith, but could be wrong. Either way, I've seen Smith accept this argument, so I don't see why Anderson wouldn't.
https://fortress.wa.gov/wsp/smdsearc...tionPrint/2800
According to that document, there is testimony that the device was found to be working properly on 1/11/2012, but the tests were performed on 3/19/2012. How could the certifying official know that it would pass? Move to dismiss as the testing was not completed after the fact.

